South Dakota’s definition of “political party” is in section 12-1-3(12). It says, “‘Political party’, beginning with the 2014 general election and each general election thereafter, a party whose candidate for any statewide office received at least 2.5% of the total votes cast for that statewide office in either of the two previous general election cycles.”
The Libertarian Party did not poll as much as 2.5% of the vote for either of its statewide nominees in 2018. However, in 2016, it polled 5.63% for its slate of presidential elector candidates. Therefore, it should be considered on the ballot for 2020, because the law allows a party two elections after it passes the vote test, which it did in 2016. UPDATE: an earlier version of the post said the Secretary of State hadn’t weighed in, but now the Secretary of State has e-mailed that she agrees and the Libertarian Party is on the 2020 ballot. Thanks to Lori Stacey for help with this.
FWIW, the South Dakota Secretary of State appears to disagree with this conclusion. On the SOS website that reports the overall total number of registered voters, with a breakdown by party, she included this comment: “Pursuant to SDCL 12-5-1.5 and 12-1-3, two political parties lost party status on November 14, 2018.” Effective that date, separate registration totals are no longer being listed for either the Libertarian Party or the Constitution Party, presumably for this reason. Based on what the numbers look like, it appears that individuals who had been registered either Libertarian or Constitution are now lumped with “other”, though that isn’t entirely clear or obvious.
Tom P, on November 20, the South Dakota Secretary of State e-mailed that the party is on. So although wht you say is true, it is outdated.
If you look at the monthly totals it is clear that the number of Other voters now includes voters who had been tabulsted as Libertarian or Constitution,
For November 6: Constitution 499, Libertarian 1835, and Other 834. As of November 14th, Other equals 3187. The sum of 499 + 1835 + 834 equals 3168, which is about the same as the post election day changes. Some states freeze registration rolls around elections, so the difference of 19 may reflect new registations or missed the 15-day deadline.
12-6-56 or 12-6-57 distinguish between statewide offices and presidential electors.
12-5-1.5 suggests that a party that only has a presidential candidate could be considered to be dissolved, though that is the section title, and is lacking a verb such as “is dissolved”.
South Dakota should eliminate party registration, and party nomination. Candidates should qualify as individuals. Election should require a majority.
I see that she has updated the website to reflect that the LP is still qualified. Looks like the SDLP also gained three new registrants in the process (now up to 1838).