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Bill

SB 89

repeal the requirement that judicial officers be listed on a separate nonpolitical ballot.

2025 Regular Session Introduced by Aaron Aylward and 8 co-sponsors

South Dakota repealed the requirement that judges appear on separate nonpartisan ballots, instead placing them on the same partisan ballot as other candidates.

Signed by the Governor on 2025-03-31 S.J. 539
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Bill Summary · SB 89

Legislative bill overview

SB 89 eliminates South Dakota's requirement that judicial officers appear on a separate, nonpartisan ballot section. Instead, judges will now appear on the same ballot as other partisan political candidates. The bill was signed into law on March 31, 2025, passing both chambers unanimously.

Why is this important

This change affects how voters interact with judicial elections and potentially influences judicial selection outcomes. Placing judges on partisan ballots may increase straight-ticket voting for judicial candidates, alter voter awareness of judicial races, and shift the political character of judicial campaigns. It represents a departure from the nonpartisan judicial ballot model adopted by many states to insulate courts from partisan pressures.

Potential points of contention

  • Judicial independence concerns: Combining judges with partisan ballots may increase pressure on judges to align with party platforms, potentially compromising judicial impartiality and public perception of court independence
  • Voter engagement and awareness: Separating judicial elections has traditionally aimed to encourage deliberate, merit-based voting on judges rather than reflexive party-line voting; this change may reduce thoughtful judicial candidate evaluation
  • Straight-ticket voting effects: Judges will now benefit or suffer from partisan coattail effects, meaning judicial races become entangled with presidential, gubernatorial, and legislative races rather than decided on individual judicial qualifications

Compiled from official sources — confirm details with the bill’s official record.

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