On February 6, the South Dakota Senate Local Government Committee amended HB 1037, to add a new provision that newly-qualifying parties that are willing to forego running candidates for Congress, Governor, or State Legislature will have a July 1 petition deadline, instead of a March petition deadline.

Before the amendment, the chief ballot access change being made by HB 1037 was to allow independent candidates for president to use a stand-in for vice-president, and to allow independent candidates for Governor to use a stand-in for Lieutenant Governor.

The new provision in HB 1037 does not actually change policy. Almost a year ago, on February 26, 2016, the Attorney General had ruled that newly-qualifying parties that only want to be on the general election ballot for president and the lesser statewide constitutional offices are free to submit their petition as late as July 11. The effect of 2017 amendment is to put that ruling into statutory law.

South Dakota primaries are in June. Obviously new parties that don’t submit their petition until July do not have a primary, and make their nominations by convention. South Dakota law already allows all parties, large and small, to nominate for certain offices by convention instead of primary. But for Congress, Governor, and state legislature, all parties must use a primary, so under the amendment (as well as under the 2016 Attorney General ruling), parties that use the July deadline can’t run for Congress, Governor or state legislature.

Because the Senate amended the bill, now it must return to the House. No legislator voted “no.”

Meanwhile, the Constitution and Libertarian Parties are pressing ahead with their lawsuit that maintains newly-qualifying parties cannot be forced to comply with a March deadline, even if they want to have nominees for all partisan office. Discovery is underway.