There is a rebuttable presumption that the signer of a petition filed pursuant to chapter 2-1, 6-16, 7-18A, 9-13, 9-20, 12-6, 12-7, or 13-7 is not a qualified elector if the signer's name fails to appear on the active or inactive voter registration list of the county stated on the petition as the signer's county of registration on the date the petition was signed. This rebuttable presumption may only be overcome by clear and convincing evidence presented by the petition sponsor, circulator, or candidate.
S.D. Codified Laws § 12-4-36
Rebuttable presumption that certain electors not qualified
Applied in 1 court decision — leading case Estate of Dimond (2008)
Most recently applied in Estate of Dimond (December 2008)
Source: SL 2001, ch 65, § 1; SL 2013, ch 63, § 1.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.