South Dakota law sets voting and vacancy rules for presidential electors

Electors must sign a pledge about how they will vote. The pledge applies to presidential electors when they are nominated. Party electors pledge to vote for the presidential and vice-presidential candidates nominated by the party that nominated them. Electors for an unaffiliated or independent candidate pledge to vote for that candidate and running mate. The pledge must accompany the elector's name when it is submitted to the secretary of state.

Party officials, electors, and state officials fill vacant elector positions under set steps. These steps apply when an elector's office becomes vacant before the meeting or an elector named in the Governor's certificate does not appear. Before the meeting, the chair of the party that nominated the elector lists up to three available alternatives, and the remaining electors choose one. If electors named in the Governor’s certificate fail to appear by 9 a.m., the Governor or, if absent, the secretary of state and the electors follow steps that depend on how many appear. For electors named in the Governor's certificate, the appearance deadline is 9 a.m. on the day Congress designates for the presidential and vice-presidential election.

An elector's office becomes vacant in listed circumstances, and a disqualifying ballot cannot count. These rules apply to South Dakota presidential electors. An elector's office becomes vacant if the elector dies, resigns, fails to qualify or appear, refuses to vote, tries to cast a blank ballot, or, outside the replacement-candidate exception, tries to vote for another candidate. A ballot that causes the office to become vacant may not be accepted or counted.

The Governor issues and updates certificates listing the state's electors. The certificates cover South Dakota's presidential electors and any replacements. The Governor certifies the people chosen at the general election, who serve unless a vacancy occurs. After a replacement is chosen, the Governor—or the secretary of state if the Governor is absent—must submit an updated certificate. Each elector on the final list signs the final vote certificate, which is sent with the updated list. The Governor must issue the first certificate at least six days before the day Congress designates for the presidential and vice-presidential election. Any updated certificate must be sent immediately after a replacement is chosen.

Electors vote for a party replacement if a leading candidate cannot serve. This applies if the presidential or vice-presidential candidate whose elector slate received the most votes in the state's general election withdraws, dies, or becomes permanently unable to perform the office's duties. The replacement candidate must be nominated under the bylaws of the party to which the previous candidate belonged. The withdrawal, death, or permanent disability must occur between the general election and the day Congress designates for electors to vote.