South Dakota 2026 Regular Session

South Dakota Senate Bill SB101

Introduced
1/20/26  
Refer
1/20/26  
Report Pass
1/26/26  
Engrossed
1/28/26  
Refer
2/2/26  
Report Pass
2/25/26  
Enrolled
2/26/26  

Caption

Amend provisions pertaining to the duties of presidential electors.

Impact

The introduction of SB101 seeks to streamline the electoral processes associated with presidential electors in South Dakota. By providing clear pathways for addressing vacancies, the bill aims to enhance the reliability of the electoral process. Advocates believe that these amendments help safeguard the democracy by ensuring that the electoral college functions as intended without disruptions caused by absent electors. Furthermore, the adjustments reinforce adherence to the chain of nomination and voting responsibilities established by legislation and the respective parties.

Summary

Senate Bill 101 proposes amendments to the laws governing the duties and responsibilities of presidential electors in South Dakota. The bill encompasses several key amendments, including clarifications around the process for replacing electors who fail to appear or fulfill their duties. Specifically, if electors named in the Governor's certificate do not show up, a process for appointing replacements is clearly delineated, ensuring that the electoral process remains unimpeded. The bill also addresses the procedures to be followed in case a candidate for president or vice president withdraws, dies, or is incapacitated before the election date, mandating electors to vote for a replacement candidate based on party nomination procedures.

Sentiment

The sentiment surrounding SB101 appears generally supportive among legislators who prioritize electoral integrity and process reliability. The bill's streamlined procedures and clarity in responsibility are seen as positive steps toward more efficient electoral operations. However, concerns could arise regarding the implications of appointing replacement electors and the interpretation of electors' pledges, prompting discussion around the balance between state law and party autonomy in electoral matters.

Contention

Among the notable points of contention is the extent of control granted to party officials in naming replacement electors. Some critics voice apprehension about the potential for politicization in the appointment process, suggesting it may lead to outcomes that do not reflect the will of the voters. Additionally, the requirement for electors to pledge their allegiance to party-nominated candidates raises questions about individual autonomy versus party loyalty, stirring debate about the fairness in representation and electoral accountability.

Companion Bills

No companion bills found.

Previously Filed As

SD SB94

Amend provisions pertaining to the duties of presidential electors.

SD SB48

Modify provisions pertaining to the registration of voters.

SD SB22

Modify provisions pertaining to the submission of a nominating petition.

SD SB167

Revise certain provisions pertaining to municipal government.

SD SB185

Amend provisions pertaining to the process by which the qualifications of a registered voter are verified.

SD SB71

Revise provisions pertaining to the compulsory age for school attendance.

SD HB1062

Amend provisions pertaining to the maintenance and publication of the statewide voter registration file.

SD HB1220

Amend provisions pertaining to the verification of registered voters contained in the master registration file.

SD SB208

Amend provisions pertaining to a school district's proposed opt out, capital outlay certificate, or other agreement.

SD HB1126

Modify provisions pertaining to the compensation of a recount board.

Similar Bills

SD SB94

Amend provisions pertaining to the duties of presidential electors.

MD SB237

Election Law - Presidential Electors - Selection and Voting

MN SF3703

Certification by presidential candidates and political party chairs requirement that the candidate satisfies all eligibility requirements of the United States Constitution

MD HB182

Election Law - Presidential Electors - Selection and Voting

AL SB11

Electoral Voting of U.S. President and Vice President; procedures established if presidential electors fail to vote in accordance with state voters; Alabama Uniform Faithful Presidential Electors Act established

MA H5086

Conforming with the Electoral Count Reform Act of 2022 and ensuring uniform faithful Presidential electors

MN HF3534

Ballot access and related provisions for minor party candidates modified.

MN SF3816

Minor Party Ballot Access Act Establishment