New Political Party Formation

Circulating Information for Political Party Organization Petitions

5:02:08:06. Form for declaration of new political party

350,166 Total votes cast for Governor in the 2022 General Election
3,502 minimum number of valid signatures required for political party formation petitions

New political parties forming that intend to have a candidate for US Senate, US House, Governor or Legislature, in the Primary Election, must form by filing new party formation petitions signed by at least 1% of the voters of the state as shown by the total vote cast for Governor at the last preceding gubernatorial election. The petition deadline for the primary election is the last Tuesday in March.  New parties may start circulating at any time. (SDCL 12-5-1)

If a new political party forming does not intend to have a candidate for US Senate, US House, Governor, or Legislature, in the Primary election, that new political party may be organized by filing new party formation petitions signed by at least 1% of the voters of the state as shown by the total vote cast for Governor at the last preceding gubernatorial election. The petition deadline is not later than July 1st at 5 pm (CT). (SDCL 12-5-1.5)

Other elected offices are chosen at a political party’s convention pursuant to SDCL 12-5-21.

To remain a political party, a political party's statewide candidate must obtain at least 2.5% of the total votes cast for that statewide office in either of the two previous general election cycles.

Political Parties are required to adopt a constitution or bylaws governing its organization and conduct. The party central committee shall certify to and file with the Secretary of State a copy of the document and amendments within 30 days of their approval.
12-5-1.1

The Secretary of State shall promptly notify the county auditor of each county of the effect of any provision of a party constitution or bylaw which affects an election to be conducted.
12-5-1.3

12-5-1. Organization and dissolution of political party. A new political party may be organized and participate in the primary election by filing with the secretary of state not later than the last Tuesday of March at five p.m. prior to the date of the primary election, a written declaration signed by at least one percent of the voters of the state as shown by the total vote cast for Governor at the last preceding gubernatorial election, which declaration shall contain:
             (1)      The name of the proposed party; and
             (2)      A brief statement of the principles thereof;
whereupon the party shall, under the party name chosen, have all the rights of a political party whose ticket was on the ballot at the preceding general election. No signature on a declaration is valid if the declaration was signed more than one year prior to filing of the declaration.
     A political party loses the right to participate in the primary election for failure to meet the definition of political party as defined in 12-1-3.
     The national and state chairperson of a recognized political party may request in writing, subscribed and sworn to by each chairperson before any officer qualified to administer oaths and take acknowledgments, to no longer be recognized as a political party. The political party shall also comply with the requirements for dissolution pursuant to chapter 12-27.

12-5-21. Nomination of state candidates not voted on at primary--Presidential electors and national committee members. The state convention shall nominate candidates for lieutenant governor, attorney general, secretary of state, state auditor, state treasurer, commissioner of school and public lands, and public utilities commissioner and in the years when a President of the United States is to be elected, presidential electors and national committeeman and national committeewoman of the party.

12-5-25.   Nomination of candidates by political party with alternative political status--Primary election. A political party with alternative political status may nominate a candidate for United States Senate, United States House of Representatives, Governor, and any legislative seat by convention, if the nomination is submitted with the proper documentation to the Office of the Secretary of State no later than 5:00 p.m. central time on the second Tuesday in August, of the year of the election.
     A candidate registered with a political party with an alternative political status may choose, if allowed by the party bylaws, to participate in a primary election by submitting a candidate petition no later than the last Tuesday of March in accordance with 12-5-1.4.

12-5-26. New party nomination of candidates. A new political party may nominate a candidate for United States Senate, United States House of Representatives, Governor, and any legislative seat by convention, if the nomination is submitted with the proper documentation to the Office of the Secretary of State no later than 5:00 p.m. central time on the second Tuesday in August, of the year of the election.

12-1-3.    Definition of terms used in title. Terms used in this title mean:
             (12)      "Political party," beginning with the 2014 general election and each general election thereafter, a party whose candidate for any statewide office received at least two and one-half percent of the total votes cast for that statewide office in either of the two previous general election cycles;

12-1-3.1.   Alternative political status defined . For the purposes of this title, the term, alternative political status, means that a political party meets the requirements of this section commencing with the 2014 general election and each general or special statewide election thereafter. Any political party that meets the definition of political party as defined in 12-1-3 and has a total party registration of less than two and a half percent of the total number of registered voters, as recorded at the Office of the Secretary of State on the date of the last general election, shall receive alternative political status. Any party that has a total party registration of two and a half percent or more of the total number of registered voters, as recorded at the Office of the Secretary of State on the date of the last general election, shall no longer be classified as alternative political status, but shall remain a political party for the next two general election cycles.