Requirements for counting signatures on petitions.
Effective Oct 27, 202552 SDR 41Source: 10 SDR 27, effective September 26, 1983; 12 SDR 43, effective September 23, 1985; 14 SDR 19, effective August 9, 1987; 16 SDR 20, effective August 10, 1989; 19 SDR 12, effective August 5, 1992; 21 SDR 77, effective October 24, 1994; 26 SDR 168, effective June 25, 2000; 33 SDR 230, effective July 1, 2007; 35 SDR 48, effective September 8, 2008 ; 44 SDR 94, effective December 4, 2017 ; 46 SDR 42, effective September 30, 2019 ; 52 SDR 41, effective October 27, 2025 . | General Authority: SDCL 12-1-9 (6). | Law Implemented: SDCL 2-1-15 , 9-13-11 , 12-1-1 , 12-1-1.1 , 12-1-2 , 12-6-7.1 , 12-6-8 , 13-7-6 .
A signature on a petition sheet may not be counted if:
- (1) The form of the petition does not meet the requirements of this chapter;
- (2) The petition sheet is not a self-contained sheet of paper printed front and back;
- (3) The circulator's verification, as described in § 5:02:08:00, is not completed or is improperly completed, unless the missing information is completed elsewhere on the petition sheet. A completed circulator's verification must include the printed name of the circulator, the circulator's residence address, and the complete date;
(4) The declaration of candidacy was not:
- (a) Completed on or after the first date authorized by law to circulate the petition; or
- (b) Signed by the candidate or the signature was not witnessed by an official empowered to administer oaths in this state;
- (5) The circulator's verification was signed by more than one circulator;
(6) On a petition for a legislative candidate, the petition does not include:
- (a) The number of the district for which the candidate is running; or
- (b) Whether the candidate is running for senate or house;
(7) The individual signed the petition prior to when, as applicable:
- (a) The candidate signed the candidate's declaration of candidacy; or
- (b) A copy of the text of a statewide ballot question was filed with the secretary of state;
- (8) The signature was applied after the circulator completed the verification;
(9) The voter registration address of the individual signing the petition does not include:
- (a) A street address and house number or a rural route and box number and the municipality where the individual is registered to vote, or if the individual is registered to vote in a second- or third-class municipality, a post office box number; or
- (b) A description of the location at which the individual is registered to vote, if the individual does not have a voter registration address or post office box number;
- (10) On a petition for a statewide ballot question, the address provided by the individual is not substantially the same as the address at which the individual is currently registered to vote;
- (11) The date of signing, including month and day, is not indicated;
- (12) The signer's name is not printed or is not legible; or
- (13) The signer's county of voter registration is not provided.
Source: 10 SDR 27, effective September 26, 1983; 12 SDR 43, effective September 23, 1985; 14 SDR 19, effective August 9, 1987; 16 SDR 20, effective August 10, 1989; 19 SDR 12, effective August 5, 1992; 21 SDR 77, effective October 24, 1994; 26 SDR 168, effective June 25, 2000; 33 SDR 230, effective July 1, 2007; 35 SDR 48, effective September 8, 2008 ; 44 SDR 94, effective December 4, 2017 ; 46 SDR 42, effective September 30, 2019 ; 52 SDR 41, effective October 27, 2025 .
General Authority: SDCL 12-1-9 (6).
Law Implemented: SDCL 2-1-15 , 9-13-11 , 12-1-1 , 12-1-1.1 , 12-1-2 , 12-6-7.1 , 12-6-8 , 13-7-6 .
Prior versions effective: 2019-09-30, 2017-12-04, 2008-09-08.