25.443.12 100th Legislative Session 89
2025 South Dakota Legislature
Senate Bill 89
Introduced by: Senator Pischke
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to repeal the requirement that judicial officers be listed on a separate 1
nonpolitical ballot. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 12-16-1 be AMENDED: 4
12-16-1. The county auditor shall provide printed ballots for each election in which 5
the voters of the entire county participate. Except as provided in § 12-6-9, printed ballots 6
for a primary election shall must contain the name of each candidate who has filed for 7
nomination and is approved. The printed ballots for the election of officers shall must 8
contain the name of each candidate whose nomination has been certified or filed with the 9
county auditor in the manner provided by law, unless the candidate is deemed elected by 10
having no opposition. The names of the candidates shall must appear on the ballot exactly 11
as listed in the declaration of candidacy of the candidates' nominating petitions. 12
Sample ballots shall must be printed on paper of a different color from the official 13
ballot but in the same form. The sample ballots and official ballots shall must be printed 14
and in the possession of the county auditor not later than forty-eight days prior to a 15
primary or general election. However, if If there is a challenge pursuant to § 12-1-13 or 16
12-1-16, official ballots may not be printed until the challenge has been resolved or until 17
sixty days prior to the primary or general election, whichever occurs first. 18
The county auditor shall also prepare the necessary ballots, if any question is 19
required to be submitted to the voters of the county. Ballots for general elections shall 20
must be of the style and form prescribed in §§ 12-16-2 to 12-16-11 12-16-10.1, inclusive. 21
Section 2. That § 12-16-11 be REPEALED. 22
At each general election when judicial officers are elected, there shall be a separate 23
ballot entitled "nonpolitical judiciary ballot" which shall be prescribed by the State Board 24
of Elections. 25