Ballot access requirements for presidential candidates in South Dakota
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Note: This article is not intended to serve as an exhaustive guide to running for public office. Individuals should contact their state election agencies for further information.
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In order to get on the ballot in South Dakota, a candidate for president of the United States must meet a variety of state-specific filing requirements and deadlines. These regulations, known as ballot access laws, determine whether a candidate or party will appear on an election ballot. These laws are set at the state level. A presidential candidate must prepare to meet ballot access requirements in advance of primaries, caucuses, and the general election.
There are three basic methods by which an individual may become a candidate for president of the United States.
- An individual can seek the nomination of a political party. Presidential nominees are selected by delegates at national nominating conventions. Individual states conduct caucuses or primary elections to determine which delegates will be sent to the national convention.[1]
- An individual can run as an independent. Independent presidential candidates typically must petition in each state in order to have their names printed on the general election ballot.[1]
- An individual can run as a write-in candidate.[1]
The information on this page applies only to presidential candidates. For additional information about ballot access requirements for state and congressional candidates, see this page.
Year-specific filing information
2024
The tables below detail filing requirements for presidential candidates in South Dakota in the 2024 election cycle. For additional information on candidate ballot access requirements in South Dakota, click here.
Presidential primary candidates
In South Dakota, political parties submit the names of their candidates for placement on the primary ballot. Candidates do not petition directly for ballot access.
Independent presidential candidates
| Filing requirements for independent candidates in South Dakota, 2024 | ||||||
|---|---|---|---|---|---|---|
| State | Signatures required | Signature formula | Filing fee | Filing fee formula | Filing deadline | Source |
| South Dakota | 3,502 | 1% of the total number of votes cast for governor in the last general election | N/A | N/A | 8/6/2024 | Source |
For filing information from previous years, click "[Show more]" below.
2020
The tables below detail filing requirements for presidential candidates in South Dakota in the 2020 election cycle. For additional information on candidate ballot access requirements in South Dakota, click here.
Presidential primary candidates
In South Dakota, political parties submit the names of their candidates for placement on the primary ballot. Candidates do not petition directly for ballot access.
Independent presidential candidates
| Filing requirements for independent candidates in South Dakota, 2020 | ||||||
|---|---|---|---|---|---|---|
| State | Signatures required | Signature formula | Filing fee | Filing fee formula | Filing deadline | Source |
| South Dakota | 3,392 | 1% of the total number of votes cast for governor in the last general election | N/A | N/A | 8/4/2020 | Source |
2016
The calendar below lists important filing deadlines in South Dakota for the 2016 presidential election. For information about campaign finance reporting deadlines, see below.
| Dates and requirements for presidential candidates in 2016 | |||
|---|---|---|---|
| Deadline | Event type | Event description | |
| March 29, 2016 | Ballot access | Deadline for parties to certify names of candidates or delegates to the secretary of state; deadline for primary candidates to file notices of intent | |
| June 7, 2016 | Election date | Primary election | |
| August 2, 2016 | Ballot access | Filing deadline for independent candidates | |
| November 8, 2016 | Election date | General election | |
| Source: South Dakota Secretary of State, "2016 Presidential Ballot Access," accessed September 15, 2015 | |||
Qualifications
Article 2, Section 1, of the United States Constitution sets the following qualifications for the presidency:[2]
| “ | No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.[3] | ” |
| —United States Constitution | ||
Article 2, Section 4, of the United States Constitution says an individual can be disqualified from the presidency if impeached and convicted:
| “ | The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.[3] | ” |
| —United States Constitution | ||
The 14th Amendment to the United States Constitution says an individual can also be disqualified from the presidency under the following conditions:
| “ | No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.[3] | ” |
| —United States Constitution | ||
Party nomination processes
- See also: Primary election and Caucus
| Hover over the terms below to display definitions. | |
| Ballot access laws | |
| Primary election | |
| Caucus | |
| Delegate | |
 | |
A political party formally nominates its presidential candidate at a national nominating convention. At this convention, state delegates select the party's nominee. Prior to the nominating convention, the states conduct presidential preference primaries or caucuses. Generally speaking, only state-recognized parties—such as the Democratic Party and the Republican Party—conduct primaries and caucuses. These elections measure voter preference for the various candidates and help determine which delegates will be sent to the national nominating convention.[1][4][5]
The Democratic National Committee and the Republican National Committee, the governing bodies of the nation's two major parties, establish their own guidelines for the presidential nomination process. State-level affiliates of the parties also have some say in determining rules and provisions in their own states. Individuals interested in learning more about the nomination process should contact the political parties themselves for full details.
In South Dakota, recognized political parties may participate in the presidential primary. A primary candidate must file a notice of intent with the secretary of state in order to have his or her named placed on the primary ballot. This notice must be filed by the last Tuesday in March in the year of the election. A party must "certify the candidate names or the delegates and alternate slates which are to be listed on the primary ballot" to the secretary of state by 5:00 p.m. on the last Tuesday in March in the year of the election.[6]
General election requirements
The president of the United States is elected not by popular vote, but by the Electoral College. The Electoral College comprises a total of 538 electors. Each state is allocated a number of electors equal to the size of its congressional delegation. The Office of the Federal Register administers the Electoral College process:[7][8]
| “ | On Election Day, the voters in each State choose the Electors by casting votes for the presidential candidate of their choice. The Electors’ names may or may not appear on the ballot below the name of the candidates running for President, depending on the procedure in each State. The winning candidate in each State—except in Nebraska and Maine, which have proportional distribution of the Electors—is awarded all of the State’s Electors.[3] | ” |
| —The Office of the Federal Register | ||
Typically, electors are selected by state parties. Federal law does not require electors to vote "according to the results of the popular vote in their states." Some states and political parties have enacted policies requiring their electors to vote in accordance with the popular vote. According to the Office of the Federal Register, "throughout our history as a nation, more than 99 percent of electors have voted as pledged."[7][8]
South Dakota was allocated three electoral votes in the 2024 presidential election, the same number it was allocated in the 2012, 2016 and 2020 presidential contests.[9]
Political parties
A political party is entitled to have its presidential candidate's name on the general election ballot. A political party is defined by South Dakota law as "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." The chairperson of the national convention of the party must certify the name of the party's candidate with the secretary of state immediately following the convention. If the chairperson fails to do so, the secretary of state shall request the name from the party, which must certify within three days of the convention and no later than the second Tuesday in August.[10][11][12]
Independent candidates
An independent candidate may obtain access to the general election ballot by filing with the secretary of state a petition containing signatures equal to 1 percent of the combined vote for governor in the last gubernatorial election. This petition must be filed by 5:00 p.m. on the first Tuesday in August in the year of the election.[13]
Sore loser laws
Some states bar candidates who sought, but failed, to secure the nomination of a political party from running as independents in the general election. These restrictions are sometimes called sore loser laws. Under South Dakota state law, an unsuccessful primary candidate cannot run for the same office as an independent in the general election.[14][15]
Richard Winger, publisher of Ballot Access News, has argued that, generally speaking, "sore loser laws have been construed not to apply to presidential primaries." His analysis of state sore loser laws and their applicability in presidential elections can be accessed here.[16]
Write-in requirements
South Dakota state law does not permit write-in presidential candidates.[17]
Historical information
According to Richard Winger, publisher of Ballot Access News, between 1892 and 2012 there were 401 instances in which a state required an independent or unqualified party candidate to collect more than 5,000 signatures in order to appear on the general election ballot. In South Dakota, there were five such instances during this period. See the table below for further details. The first column lists the state, the second lists the year, and the third lists the signature requirement. Columns four through nine list candidates and/or parties that met the requirement.[16]
| Filing requirements for independent and minor party candidates, 1894-2012 | ||||||||
|---|---|---|---|---|---|---|---|---|
| State | Year | Requirement | Successful parties or candidates | |||||
| South Dakota | 1936 | 5,878 | Union | -- | -- | -- | -- | -- |
| South Dakota | 1940 | 5,537 | -- | -- | -- | -- | -- | -- |
| South Dakota | 1952 | 5,067 | -- | -- | -- | -- | -- | -- |
| South Dakota | 1960 | 5,166 | -- | -- | -- | -- | -- | -- |
| South Dakota | 1964 | 5,122 | -- | -- | -- | -- | -- | -- |
Campaign finance requirements
The Federal Election Commission (FEC) is the only agency authorized to regulate the financing of presidential and other federal campaigns (i.e., campaigns for the United States Senate and the United States House of Representatives). The states cannot impose additional requirements on federal candidates. Federal law requires all presidential candidates to file a statement of candidacy within 15 days of receiving contributions or making expenditures that exceed $5,000. The statement of candidacy is the only federally mandated ballot access requirement for presidential candidates; all other ballot access procedures are mandated at the state level. The candidacy statement authorizes "a principal campaign committee to raise and spend funds" on behalf of the candidate. Within 10 days of filing the candidacy statement, the committee must file a statement of organization with the FEC. In addition, federal law establishes contribution limits for presidential candidates. These limits are detailed in the table below. The uppermost row indicates the recipient type; the leftmost column indicates the donor type.[18][19]
| Federal contribution limits, 2023-2024 | |||||
|---|---|---|---|---|---|
| Candidate committees | Political action committees | State and district party committees | National party committees | Additional national party committee accounts | |
| Individual | $3,300 per election | $5,000 per year | $10,000 per year (combined) | $41,300 per year | $123,900 per account, per year |
| Candidate committee | $2,000 per election | $5,000 per year | Unlimited transfers | Unlimited transfers | N/A |
| Multicandidate political action committee | $5,000 per election | $5,000 per year | $5,000 per year (combined) | $15,000 per year | $45,000 per account, per year |
| Other political action committee | $3,300 per election | $5,000 per year | $10,000 per year (combined) | $41,300 per year | $123,900 per account, per year |
| State and district party committee | $5,000 per election | $5,000 per year | Unlimited transfers | Unlimited transfers | N/A |
| National party committee | $5,000 per election | $5,000 per year | Unlimited transfers | Unlimited transfers | N/A |
| Note: Contribution limits apply separately to primary and general elections. For example, an individual could contribute $3,300 to a candidate committee for the primary and another $3,300 to the same candidate committee for the general election. Source: Federal Election Commission, "Contribution limits," accessed May 8, 2023 | |||||
Presidential candidate committees are required to file regular campaign finance reports disclosing "all of their receipts and disbursements" either quarterly or monthly. Committees may choose which filing schedule to follow, but they must notify the FEC in writing and "may change their filing frequency no more than once per calendar year."[20]
For contribution limits from previous years, click "[Show more]" below.
| Federal contribution limits, 2019-2020 | |||||
|---|---|---|---|---|---|
| Candidate committees | Political action committees | State and district party committees | National party committees | Additional national party committee accounts | |
| Individual | $2,800 per election | $5,000 per year | $10,000 per year (combined) | $33,500 per year | $106,500 per account, per year |
| Candidate committee | $2,000 per election | $5,000 per year | Unlimited transfers | Unlimited transfers | N/A |
| Multicandidate political action committee | $5,000 per election | $5,000 per year | $5,000 per year (combined) | $15,000 per year | $45,000 per account, per year |
| Other political action committee | $2,800 per election | $5,000 per year | $10,000 per year (combined) | $35,500 per year | $106,500 per account, per year |
| State and district party committee | $5,000 per election | $5,000 per year | Unlimited transfers | Unlimited transfers | N/A |
| National party committee | $5,000 per election | $5,000 per year | Unlimited transfers | Unlimited transfers | N/A |
| Note: Contribution limits apply separately to primary and general elections. For example, an individual could contribute $2,800 to a candidate committee for the primary and another $2,800 to the same candidate committee for the general election. Source: Federal Election Commission, "Contribution limits," accessed August 8, 2019 | |||||
| Federal contribution limits, 2015-2016 | |||||
|---|---|---|---|---|---|
| Candidate committees | Political action committees | State and district party committees | National party committees | Additional national party committee accounts | |
| Individual | $2,700 per election | $5,000 per year | $10,000 per year (combined) | $33,400 per year | $100,200 per account, per year |
| Candidate committee | $2,000 per election | $5,000 per year | Unlimited transfers | Unlimited transfers | N/A |
| Multicandidate political action committee | $5,000 per election | $5,000 per year | $5,000 per year (combined) | $15,000 per year | $45,000 per account, per year |
| Other political action committee | $2,700 per election | $5,000 per year | $10,000 per year (combined) | $33,400 per year | $100,200 per account, per year |
| State and district party committee | $5,000 per election | $5,000 per year | Unlimited transfers | Unlimited transfers | N/A |
| National party committee | $5,000 per election | $5,000 per year | Unlimited transfers | Unlimited transfers | N/A |
| Note: Contribution limits apply separately to primary and general elections. For example, an individual could contribute $2,700 to a candidate committee for the primary and another $2,700 to the same candidate committee for the general election. Source: Federal Election Commission, "The FEC and Federal Campaign Finance Law," updated January 2015 | |||||
Election agencies
Federal Election Commission
- 1050 First Street, NE
- Washington, D.C. 20463
- Telephone: 800-424-9530
- Email: info@fec.gov
South Dakota Secretary of State
- Capitol Building
- 500 East Capitol Avenue, Suite 204
- Pierre, South Dakota 57501-5070
- Telephone: 605-773-3537
- Email: elections@state.sd.us
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See also
- Ballot access requirements for political candidates in South Dakota
- Presidential election, 2024
- Ballot access for presidential candidates
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Vote Smart, "Government 101: United States Presidential Primary," accessed June 21, 2023 Cite error: Invalid
<ref>tag; name "votesmart" defined multiple times with different content - ↑ The Constitution of the United States of America, "Article 2, Section 1," accessed August 3, 2015
- ↑ 3.0 3.1 3.2 3.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ The Washington Post, "Everything you need to know about how the presidential primary works," May 12, 2015
- ↑ FactCheck.org, "Caucus vs. Primary," April 8, 2008
- ↑ South Dakota Legislature, "12-5-3.14. Notice by candidates or supporters of intention to enter presidential primary.," accessed June 21, 2023
- ↑ 7.0 7.1 Archives.gov, "What is the Electoral College?" accessed August 25, 2015
- ↑ 8.0 8.1 Archives.gov, "Who are the Electors?" accessed August 25, 2015
- ↑ Archives.gov, "Distribution of Electoral Votes," accessed June 21, 2023
- ↑ South Dakota Legislature, "12-1-3. Definition of terms used in title. Terms used in this title mean:," accessed June 21, 2023
- ↑ South Dakota Legislature, "12-5-3.16. Certification of names of national convention nominees for President and vice-president--Alternate certification.," accessed June 21, 2023
- ↑ South Dakota Legislature, "12-5-22. Majority required for nomination by convention--Certification to secretary of state.," accessed June 21, 2023
- ↑ South Dakota Legislature, "12-7-7. Certificate of nomination for President or Vice President of the United States--Filing deadlines--Number of signatures.," accessed June 21, 2023
- ↑ SSRN, "Sore Loser Laws and Democratic Contestation," accessed June 21, 2023
- ↑ Harvard Journal of Law & Public Policy, "“If You Ain’t First, You’re Last”: How State “Sore-Loser” Laws Make It Impossible For Trump To Run A Successful Third-Party Campaign If He Loses The Republican Primary," accessed June 21, 2023
- ↑ 16.0 16.1 This information comes from research conducted by Richard Winger, publisher and editor of Ballot Access News.
- ↑ South Dakota Secretary of State, "2024 Presidential Candidate Ballot Access in South Dakota," June 21, 2023
- ↑ Federal Election Commission, "The FEC and Federal Campaign Finance Law," updated January 2015
- ↑ Federal Election Commission, "Quick Answers to Candidate Questions," accessed August 13, 2015
- ↑ Federal Election Commission, "2016 Reporting Dates," accessed June 17, 2022
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