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South Dakota · Elections & Voting

Challenging a Petition

Information about challenging petition signatures or a declaration of candidacy under SDCL 12-1-13 and 12-1-14.

Scope of This Process

This process excludes statewide ballot-question petitions

This page addresses nominating, initiative, and referendum petitions other than statewide initiative, referendum, or initiated constitutional amendment petitions.

Deadline

Five business days after validation and filing

An interested person who has researched petition signatures—or, for a nominating petition, the declaration of candidacy—may submit an affidavit within five business days after the petition is validated and filed with the person in charge of the election.

1

Research the issue

Identify deficiencies involving the number of signatures from persons eligible to sign or the validity of a declaration of candidacy.

2

Prepare one affidavit

The affidavit must contain an itemized list of each specific deficiency. All challenges by the same person or party in interest must be included in one affidavit.

3

File the original

The person in charge of the election must receive the original signed affidavit by 5 p.m. local time on the deadline date.

Not Allowed in This Administrative Challenge

Prohibited challenge items

The following items may not be raised through the SDCL 12-1-13 administrative challenge process:

  1. The signer does not live at the address listed on the petition.
  2. The circulator does not live at the address listed on the petition.
  3. The circulator listed a South Dakota residence address but is not a South Dakota resident.
  4. The circulator did not witness the signers.
  5. The challenged signatures or petition sheets were not included in the random sample, when random sampling applies.
  6. The petition was originally rejected.

Effect of a prohibited line item

If an affidavit contains an item prohibited by SDCL 12-1-13, only that line item is summarily rejected. A separate circuit-court action may include issues that are prohibited in the administrative challenge process.

Review & Appeals

What happens after filing

1

Verification

The election official verifies the facts identified in the affidavit and issues a written declaration regarding the challenged signatures or declaration of candidacy.

2

Circuit court appeal

The administrative decision may not be challenged a second time with the election official, but it may be appealed to circuit court. Secretary of State challenges may be appealed in Hughes County.

3

Supreme Court appeal

A party appealing a circuit-court order to the South Dakota Supreme Court must file a notice of appeal within ten days after notice of entry of the circuit-court order.

Applicable Laws

Statutory references

Petition challenge process

SDCL 12-1-13

Challenge to petition signatures or declaration of candidacy.

Official verification

SDCL 12-1-14

Verification and written declaration regarding validity.

Legislative residency

SDCL 12-6-3.1

Legislative candidates must reside in the district when signing the declaration.

Party affiliation

SDCL 12-6-3.2

A partisan candidate must be registered with the applicable political party.

Legal guidance

This page is a general summary of the statutory process. A person considering a petition challenge may wish to consult legal counsel regarding deadlines, affidavit requirements, evidence, and court remedies.