Public-domain · open source
OpenJurist

S.D. Codified Laws § 12-6-56

Party committee--Party candidate vacancies

Applied in 2 court decisions — leading case Johnson v. Herseth (1976)

Most recently applied in Myers v. Gant (September 2014)

Source: SL 1929, ch 118, § 56; SDC 1939, § 16.0243; SL 1973, ch 74, § 12; SL 1991, ch 119, § 1; SL 2007, ch 75, § 1; SL 2015, ch 77, § 20 rejected Nov. 8, 2016; SL 2019, ch 74, …

If a vacancy occurs by reason of death or withdrawal after a primary election, a party candidate for public office may be chosen if a meeting of the appropriate party central committee is held and the results are certified to the appropriate official within the times prescribed by § 12-8-6.

If the vacancy is a party candidate for presidential elector or statewide office, the vacancy shall be filled by the State Party Central Committee. If the vacancy is a party candidate for public office other than presidential elector or statewide office, the vacancy shall be filled by a vote of county party central committee members in attendance who reside in the affected district.

The certification of the results shall be signed by the person responsible for calling the meeting under § 12-6-57 or the person designated to conduct the meeting under § 12-6-57.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.