On February 8, the South Dakota Senate unanimously passed HB 1037, which sets up procedures for an independent presidential candidate to use a stand-in vice-presidential candidate, and for an independent candidate for Governor to use a stand-in for Lieutenant Governor. The bill also codifies the policy announced a year ago that lets newly-qualifying parties have until July to submit their petition, if they are willing to give up running for Congress, legislature or Governor that first year on the ballot. Otherwise the petition deadline remains in March, a policy that is being litigated in Libertarian Party of South Dakota v Krebs. Discovery is underway in that lawsuit.

HB 1037 now returns to the House for concurrence in the Senate amendment.