Except as otherwise provided by § 12-5-4 and chapter 12-9, a candidate for nomination or election to any office, other than a presidential election, may not have the candidate's name printed on the official primary election ballot of the candidate's political party, unless a petition has been filed on the candidate's behalf after December thirty-first, but before five p.m. local time on the third Tuesday of March before the date of the primary election. A nominating petition must be filed:

1. (1) With the secretary of state, for:

   1. (a) A legislative or judicial office; and
   2. (b) Any office to be voted on by the voters of more than one county; and
2. (2) With the auditor of the county in which the individual is a candidate, for all county offices.

Source: SDC 1939, § 16.0210; SL 1939, ch 75 ; SL 1957, ch 83 , § 1; SL 1961, ch 93 , § 1; SL 1971, ch 84 ; SL 1973, ch 74 , § 3; SL 1977, ch 108 , § 1; SL 1986, ch 115 , § 5; SL 1997, ch 75 , § 6; SL 2007, ch 81 , § 9; SL 2015, ch 77 , § 1 rejected Nov. 8, 2016; SL 2017, ch 69 , § 2; SL 2026, ch 35 , § 5.