SB 101

26.613.12  101st Legislative Session  101
                                    2026 South Dakota Legislature
                                             Senate Bill 101
                                                   ENROLLED
                                             AN ACT
ENTITLED An Act to amend provisions pertaining to the duties of presidential
         electors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-24-1 be AMENDED:
            12-24-1. Before eleven a.m. central time on the day designated by Congress for
   the election of the president and vice president of the United States, each presidential
   elector shall notify the Governor that the elector is:
   (1)      At the seat of government; and
   (2)      Ready to perform the duties of a presidential elector.
            Upon receipt of the notice, the Governor shall deliver to the electors present a
   certificate listing the names of the presidential electors.
Section 2. That § 12-24-2 be AMENDED:
            12-24-2. If a vacancy occurs before the day of the meeting of the electors, the
   state chairperson of the political party that nominated the elector must provide a list of
   up to three alternative electors who are available to be present at the meeting of the
   electors, from which the remaining electors must consider and vote for one alternative
   elector to fill the vacant elector position.
            If an elector named in the Governor's certificate fails to appear before nine a.m.
   central time on the day designated by Congress for the election of the president and vice
   president of the United States, the electors present must immediately elect, by ballot, an
   individual to fill the vacancy. If more than one individual receives an equal number of
   votes, the Governor must, in the presence of the remaining electors, name one of the
   individuals receiving an equal number of votes to fill the vacancy. If the Governor is not
   present or is one of the remaining electors, the secretary of state must name one of the
   individuals receiving an equal number of votes to fill the vacancy.
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            If two electors named in the Governor's certificate fail to appear before nine a.m.
   central time on the day designated by Congress for the election of the president and vice
   president of the United States, the Governor, or in the absence of the Governor, the
   secretary of state, must immediately appoint an elector. Upon appointment, the electors
   must immediately elect, by ballot, an individual to fill the remaining vacancy, in
   accordance with this section.
            If no electors named in the Governor's certificate appear before nine a.m. central
   time on the day designated by Congress for the election of the president and vice president
   of the United States, the Governor, or in the absence of the Governor, the secretary of
   state, must immediately appoint an elector. Upon appointment, the elector must
   immediately appoint a second elector. Upon appointment of the second elector, the
   electors must immediately elect, by ballot, an individual to fill the remaining vacancy, in
   accordance with this section.
Section 3. That § 12-24-3 be AMENDED:
            12-24-3. Immediately after the choice of elector is made, the name of the
   individual chosen to fill the vacancy must be certified to the Governor by the electors
   making the choice. The Governor shall cause notice to be immediately given, in writing,
   to the individual chosen to fill the vacancy. If the Governor is not present, the secretary
   of state shall notify the individual chosen to fill the vacancy.
            The individual chosen to fill the vacancy shall meet the other electors at the time
   and place set forth in § 12-24-1 to discharge the duties enjoined upon the individual as
   an elector, by the Constitution and laws of the United States and of this state.
Section 4. That § 12-24-4 be AMENDED:
            12-24-4. At twelve p.m. central time on the day designated by Congress for the
   election of the president and vice president of the United States, the presidential electors
   shall meet at the seat of government of this state and perform the duties enjoined upon
   them by the Constitution and laws of the United States.
            Except as provided in section 8 of this Act, each presidential elector shall vote for
   the candidates for the office of president and vice president of the United States whose
   slate of electors received the highest number of votes at the state's general election.
Section 5. That a NEW SECTION be added to a NEW CHAPTER in title 12:
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            Each presidential elector nominated pursuant to § 12-5-21 shall execute the
   following pledge upon nomination: "If selected for the position of presidential elector, I
   agree to serve and to mark my ballots for the candidates nominated for the offices of
   president and vice president of the United States, by the party that nominated me to the
   office of presidential elector." The executed pledges must accompany the submission of
   the corresponding names to the secretary of state.
            Each presidential elector of an unaffiliated or independent presidential candidate
   shall execute the following pledge upon nomination: "If selected for the position of
   presidential elector for an unaffiliated or independent presidential candidate, I agree to
   serve and to mark my ballots for that candidate and for that candidate's vice-presidential
   running mate." The executed pledges must accompany the submission of the
   corresponding names to the secretary of state.
Section 6. That a NEW SECTION be added to a NEW CHAPTER in title 12:
            At least six days before the day designated by Congress for the election of the
   president and vice president of the United States, the Governor shall issue a certificate of
   ascertainment of appointment. The Governor shall certify the names of the individuals
   chosen at the general election to be electors and that the individuals chosen are to serve
   as electors unless a vacancy occurs, pursuant to section 7 of this Act.
            If a vacancy occurs in the office of elector after the Governor issues the certificate
   of ascertainment, a replacement elector must be selected pursuant to § 12-24-2. Upon
   the selection of a replacement elector, the Governor must immediately create and submit
   a new certificate of ascertainment stating the names of the final list of the state's electors
   in accordance with 3 U.S.C. § 5 (January 1, 2026). If the Governor is not present, the
   secretary of state must immediately create and submit the new certificate of
   ascertainment.
            Any final certificate of vote must be signed by each elector on the final list and
   must be immediately transmitted with the final certificate of ascertainment pursuant to 3
   U.S.C. §§ 9 to 11, inclusive (January 1, 2026).
Section 7. That a NEW SECTION be added to a NEW CHAPTER in title 12:
            The office of presidential elector becomes vacant if the elector:
   (1)      Dies;
   (2)      Resigns;
   (3)      Fails to qualify, as provided by law;
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   (4)      Fails to appear at the designated time and place of the meeting;
   (5)      Refuses to vote;
   (6)      Attempts to cast a blank ballot; or
   (7)      Except as provided for in section 8 of this Act, attempts to vote for any candidate
            other than the candidate whose slate of electors received the highest number of
            votes in the state's general election.
            If a presidential elector casts a ballot that results in the office of elector becoming
   vacant, the ballot may not be accepted or counted. An elector may resign the office of
   presidential elector by submitting a letter of resignation to the secretary of state.
Section 8. That a NEW SECTION be added to a NEW CHAPTER in title 12:
            If, between the date of the general election and the date designated by Congress
   for the election of the president and vice president of the United States, the candidate for
   the president or vice president whose slate of electors received the highest number of
   votes in the state's general election withdraws, dies, or, because of a permanent disability,
   becomes unable to discharge the powers and duties of the office to which the candidate
   is elected, each presidential elector from this state must vote for the replacement
   candidate nominated according to the bylaws of the party to which the previous candidate
   belonged.
Section 9. Pursuant to § 2-16-9, the code counsel of the Legislative Research Council shall
transfer chapter 12-24 as follows: § 12-24-1 to § 12-24A-3; § 12-24-2 to § 12-24A-5; 12-
24-3 to § 12-24A-6; § 12-24-4 to § 12-24A-7; § 12-24-5 to § 12-24A-9.
Section 10. Pursuant to § 2-16-9, the Code Commission and code counsel of the Legislative
Research Council shall correct and integrate all cross references from chapter 12-24 that have
been transferred pursuant to this Act.
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An Act to amend provisions pertaining to the duties of presidential electors.
                                                     Received at this Executive Office
 I certify that the attached Act originated in       this _____ day of _____________,
 the:
                                                     2026 at ____________M.
 Senate as Bill No. 101
                                                     By
                       Secretary of the Senate  for the Governor
                                                                      The attached Act is hereby
                                                                  approved this ________ day of
                       President of the Senate  ______________, A.D., 2026
 Attest:
                                                                                        Governor
                       Secretary of the Senate
                                                     STATE OF SOUTH DAKOTA,
                                                                                               ss.
                                                     Office of the Secretary of State
                          Speaker of the House
                                                                    Filed ____________, 2026
 Attest:  at _________ o'clock __M.
                     Chief Clerk of the House  Secretary of State
 Senate Bill No. 101  By
 File No. ____  Asst. Secretary of State
 Chapter No. ______
SB101 ENROLLED