South Dakota Primary Election Reform and Open Ballot Rules

South Dakota Primary Election Reform and Open Ballot Rules

South Dakota is implementing a significant shift in how its primary elections are conducted. By amending Article VII of the State Constitution, the state is moving toward a more inclusive primary system designed to decouple voter and candidate participation from strict party registration requirements.

Key Facts

  • Open Access: Primaries are open to all qualified voters and candidates regardless of party affiliation.
  • Single Ballot: All candidates for a specific office appear on one single primary ballot.
  • Advancement: Generally, the top two vote-getters in the primary advance to the general election.
  • Party Labels: Candidates may list a party name, but this does not imply an official party endorsement.
  • Scope: Applies to Governor, legislative, county, U.S. Senate, and U.S. House offices.

The Shift to Open Primaries

Under the new constitutional amendment, primary elections for key offices—including the Governor, state legislative seats, county offices, and federal representatives in the U.S. Senate and House—are now open. This means that party registration (the official record of a voter's political party) or a lack of affiliation no longer restricts who can run as a candidate or who can cast a vote.

[ไม่มีภาพประกอบ]

How the Primary Ballot Works

To ensure transparency and fairness, the amendment mandates a single primary ballot. Instead of separate ballots for different parties, every candidate vying for the same office is listed together. Voters are free to select any candidate on that list, regardless of their own political leanings or the candidate's party.

Advancing to the General Election

The primary serves as a winnowing process to determine who will appear on the final general election ballot. The rules for advancement are based on a simple plurality of votes:

  • For most offices, the two candidates with the highest number of votes advance.
  • For offices where multiple people are to be elected, the number of candidates advancing is twice the number of seats available in the general election.

The general election ballot is strictly limited to these advancing candidates. However, the legislature is empowered to create laws to handle vacancies if a candidate dies, withdraws, or is disqualified after the primary but before the general election.

Party Designations and Endorsements

While the system is open, candidates still have the option to identify with a political party. A candidate may choose a party name to be listed next to their name on both the primary and general election ballots.

Crucially, the law requires a disclaimer on all ballots. This statement clarifies that a candidate's chosen party designation does not constitute or imply an endorsement by that political party.

Summary of Election Changes

Comparison of Primary and General Election Rules
Feature Primary Election General Election
Voter Eligibility All qualified voters (regardless of party) All qualified voters
Ballot Structure Single ballot for all candidates Only candidates who advanced from primary
Candidate Labels Self-selected party name (optional) Same label used in primary
Advancement Rule Top 2 (or 2x the number of seats) Winner(s) take office

Frequently Asked Questions

Do I need to be registered with a party to vote in the primary?

No. The primary elections for the specified offices are open to all qualified voters, regardless of their party registration, affiliation, or lack thereof.

Can a candidate run in the primary without a party?

Yes. The primary is open to all candidates regardless of party affiliation. While they may choose to list a party name, it is not a requirement for participation.

Does a party label on the ballot mean the party supports that candidate?

No. The ballot must explicitly state that a candidate's party designation does not imply or constitute an endorsement by that political party.

What happens if a candidate wins the primary but cannot run in the general election?

The legislature is authorized to establish legal procedures to replace candidates who are unable to participate due to death, disqualification, or withdrawal from the race.

Which offices are covered by these new rules?

These rules apply to elections for Governor, legislative offices, county offices, the United States Senate, and the United States House of Representatives.

References

  1. Dura, Jack (May 21, 2024). "'Top two' primary election measure makes South Dakota's November ballot". Associated Press. Retrieved May 22, 2024.
  2. "South Dakota Constitutional Amendment H, Top-Two Open Primary Elections Initiative (2024)". Ballotpedia. Retrieved May 22, 2024.
  3. "Top-two primary". Ballotpedia. Retrieved May 22, 2024.
  4. "INITIATED CONSTITUTIONAL AMENDMENT PETITION" (PDF). SD SOS. Retrieved May 22, 2024.
  5. Emerson College/Nexstar Media