The South Dakota State Board of Elections has arranged for HB 1037 to be introduced by the South Dakota House Committee on Local Government. The bill permits an independent presidential candidate to use a stand-in for vice-president on his or her petition. The law says if the vice-presidential candidate named on the petition resigns, the presidential candidate can replace him or her with the new nominee, as long as that is done by the second Tuesday in August.

The bill gives the same freedom for an independent candidate for Governor to use a stand-in for Lieutenant Governor.

In 1980, South Dakota had been one of only two states that wouldn’t let John Anderson use a stand-in for vice-president. Anderson had sued some other states over this issue, and had won. But he didn’t get around to suing South Dakota, so the November 1980 ballot listed his stand-in instead of his actual vice-presidential running mate.

The bill also makes it clear that the presidential primary is voluntary for any ballot-qualified party.