Rule 05:02:08:00 Guidelines for acceptance of petitions.
for acceptance of petitions. When a petition is presented for filing, the
person or governing board authorized to accept the petition for filing shall
determine if it meets the following requirements for acceptance:
(1) The petition
is in the form required by this chapter;
petition contains the minimum number of valid signatures, counted according to
§ 5:02:08:00.01. One or more invalid signatures on a petition section do
not disallow other valid signatures on the section;
section of the petition contains an identical heading and is verified by the
circulator. The circulator may add the addresses of the petitioners and the
dates of signing before completing the verification. The circulator may also
add the printed name of the signer and the county of voter registration.
Residence addresses may be abbreviated. The verification was completed and
signed before an officer authorized to administer oaths;
declaration of candidacy contains the original signature of the candidate.
Additional sections may have an original or photocopied signature of the
(5) If a
petition is for a ballot question to be voted on statewide, the signatures were
obtained after a copy of the text of the petition was filed with the secretary
governing board or person authorized by statute to accept the petition shall,
if requested, allow a petition circulator the opportunity to add missing
information on the signature lines or circulator's verification on his or her
petition provided the filing deadline has not passed; and
the presentation of the petition for filing, names may not be removed from the
Except for petitions to
nominate candidates for school boards and statewide campaigns, the person who
is authorized to accept petitions for filing need not check for voter
registration of the signers. Petitions containing signatures in excess of
the minimum number may be filed, but the excess signatures will be disregarded.
Source: 2 SDR
46, effective December 30, 1975; 6 SDR 25, effective September 24, 1979; 8 SDR
24, effective September 16, 1981; 10 SDR 27, effective September 26, 1983; 14
SDR 19, effective August 9, 1987; 16 SDR 20, effective August 10, 1989; 16 SDR
203, effective May 28, 1990; 28 SDR 99, effective January 17, 2002; 35 SDR 48,
effective September 8, 2008; 42 SDR 178, effective July 1, 2016.
SDCL 2-1-2, 2-1-2.1, 2-1-4, 9-13-11, 12-1-1, 12-1-1.1, 12-1-2, 12-6-8, 13-7-6.
Sections of petition, § 5:02:08:00.02.
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