Libertarian Party Recognized in South Dakota

Libertarian_PartyPierre, SD – Today, South Dakota Secretary of State Shantel Krebs announced that a new recognized political party has been formed. The Libertarian Party submitted 7,859 valid signatures. The required number of signatures that must be submitted to form a new political party are 6,936 (2.5% of total vote for Governor in 2014: 277,403) (SDCL 12-5-1)

There are currently 1,570 active and inactive registered Libertarians in South Dakota.

The only deadline for a new party is if they wish to participate in the primary election process. That deadline was the last Tuesday in March.

The Libertarian Party may hold a party convention in which they would be able to nominate a candidate for Public Utilities Commission and the 3 Electors for President of the United States.

For your reference state statutes 12-5-1, 12-5-21 and 12-5-22 are included below:

     12-5-1.   (Text of section effective until approval of amendment by SL 2015, ch 77 to be submitted to the voters at the November 8, 2016 election.) Organization and dissolution of political party. A new political party may be organized and participate in the primary election by filing with the secretary of state not later than the last Tuesday of March at five p.m. prior to the date of the primary election, a written declaration signed by at least two and one-half percent of the voters of the state as shown by the total vote cast for Governor at the last preceding gubernatorial election, which declaration shall contain:

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             (1)      The name of the proposed party; and

             (2)      A brief statement of the principles thereof;

whereupon the party shall, under the party name chosen, have all the rights of a political party whose ticket was on the ballot at the preceding general election. No signature on a declaration is valid if the declaration was signed more than one year prior to filing of the declaration.

     A political party loses the right to participate in the primary election for failure to meet the definition of political party as defined in § 12-1-3.

     The national and state chairperson of a recognized political party may request in writing, subscribed and sworn to by each chairperson before any officer qualified to administer oaths and take acknowledgments, to no longer be recognized as a political party. The political party shall also comply with the requirements for dissolution pursuant to chapter 12-27.

     (Text of section effective upon approval of amendment by SL 2015, ch 77 to be submitted to the voters at the November 8, 2016 election.) A new political party may be organized and participate in the primary election by submitting to the secretary of state not later than the first Tuesday of March at five p.m. prior to the date of the primary election, a written declaration signed by at least two and one-half percent of the voters of the state as shown by the total vote cast for Governor at the last preceding gubernatorial election, which declaration shall contain:

             (1)      The name of the proposed party; and

             (2)      A brief statement of the principles thereof;

whereupon the party shall, under the party name chosen, have all the rights of a political party whose ticket was on the ballot at the preceding general election. No signature on a declaration is valid if the declaration was signed more than one year prior to filing of the declaration.

     A political party loses the right to participate in the primary election for failure to meet the definition of political party as defined in § 12-1-3.

     The national and state chairperson of a recognized political party may request in writing, subscribed and sworn to by each chairperson before any officer qualified to administer oaths and take acknowledgments, to no longer be recognized as a political party. The political party shall also comply with the requirements for dissolution pursuant to chapter 12-27.

12-5-21.   Nomination of state candidates not voted on at primary–Presidential electors and national committee members. The state convention shall nominate candidates for lieutenant governor, attorney general, secretary of state, state auditor, state treasurer, commissioner of school and public lands, and public utilities commissioner and in the years when a President of the United States is to be elected, presidential electors and national committeeman and national committeewoman of the party.

12-5-22.   Majority required for nomination by convention–Certification to secretary of state. Nominations by a state convention shall be made by a majority vote of the votes cast and shall be certified to the secretary of state by the officers of the convention, within three days of the close of the convention. No certification may be received by the secretary of state later than the second Tuesday in August.

The Secretary of State’s office will be updating sdsos.gov in the next couple of days to reflect the new political party formation.

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