25.443.13 100th Legislative Session 89
2025 South Dakota Legislature
Senate Bill 89
ENROLLED
AN ACT
ENTITLED An Act to repeal the requirement that judicial officers be listed on a
separate nonpolitical ballot.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-16-1 be AMENDED:
12-16-1. The county auditor shall provide printed ballots for each election in which
the voters of the entire county participate. Except as provided in § 12-6-9, printed ballots
for a primary election must contain the name of each candidate who has filed for
nomination and is approved. The printed ballots for the election of officers must contain
the name of each candidate whose nomination has been certified or filed with the county
auditor in the manner provided by law, unless the candidate is deemed elected by having
no opposition. The names of the candidates must appear on the ballot exactly as listed in
the declaration of candidacy of the candidates' nominating petitions.
Sample ballots must be printed on paper of a different color from the official ballot
but in the same form. The sample ballots and official ballots must be printed and in the
possession of the county auditor not later than forty-eight days prior to a primary or
general election. If there is a challenge pursuant to § 12-1-13 or 12-1-16, official ballots
may not be printed until the challenge has been resolved or until sixty days prior to the
primary or general election, whichever occurs first.
The county auditor shall prepare the necessary ballots, if any question is required
to be submitted to the voters of the county. Ballots for general elections must be of the
style and form prescribed in §§ 12-16-2 to 12-16-10.1, inclusive.
Section 2. That § 12-16-11 be REPEALED. 25.443.13 2 89
SB89 ENROLLED
An Act to repeal the requirement that judicial officers be listed on a separate nonpolitical
ballot.
I certify that the attached Act originated in
the:
Senate as Bill No. 89
Secretary of the Senate
President of the Senate
Attest:
Secretary of the Senate
Speaker of the House
Attest:
Chief Clerk
Senate Bill No. 89
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2025 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2025
Governor
STATE OF SOUTH DAKOTA ,
ss.
Office of the Secretary of State
Filed ____________, 2025
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State