Bob Mercer’s “Week Ahead in State Government” column is a useful heads-up on upcoming meetings and deadlines. However, he makes one important error in this week’s edition:
Tuesday is double-D day for the Legislature.
Double-D as in the final day of the 2016 session, the day to handle vetoes issued by Gov. Dennis Daugaard, and the final day for legislative candidates to file their papers for the June primary elections.
…The candidacy deadline, meanwhile, is 5 p.m. for the paperwork to be received by the secretary of state’s office. Late mail arrivals aren’t allowed any longer [Bob Mercer, “The Week Ahead in State Government,” Aberdeen American News, 2016.03.27].
Yes, the filing deadline for Democratic and Republican candidates is Tuesday, March 29, at 5 p.m. Central. But “late mail arrivals” are still allowed:
Petitions may not be circulated before January 1, 2016. Party nominating petitions may be filed no earlier than January 1 and no later than March 29, 2016. Nominating petitions for independent candidates may be filed no earlier than January 1 and no later than April 26, 2016. Petitions which are mailed by REGISTERED MAIL prior to 5:00 p.m. on the last day to file will be considered timely filed. Certified mail received after the deadline will NOT be considered timely filed [Secretary of State Shantel Krebs, “How to Circulate a Nominating Petition,” pamphlet, last updated 2015.12.03].
Registered mail, candidates. Not certified, but registered.
The Legislature attempted to take away that “late mail arrival” option last year with the infamous Senate Bill 69. But our successful referendum petition kept that odious incumbent protection plan off the books until we get a chance to vote on it as Referred Law 19 and vote it down on November 8. Thanks to our referendum petition, candidates who don’t want to drive to Pierre can still take their petition to the post office, register it, and get that pre-5 p.m. postmark. And you know, West River neighbors, even though the relevant statute doesn’t say it, I’d recommend you get that postmark before 4 p.m. Mountain. Our Secretary of State lives in Mountain Time, but she works in Central Time, and if she can reject petitions that show up at her office door at 5:01 p.m. Central, she may reject registered-mailed petitions with a postmark at 4:01 p.m. Mountain.
Same goes for Independent candidates: thanks to our placing Referred Law 19 on the ballot, you can still send your petitions by registered mail, but they must be postmarked by Tuesday, April 26, 5 p.m. Central. (Indies, you can also still gather signatures from any registered voter, not just fellow Independents. You’re welcome.)
I delivered my petitions to Pierre in person. I leave it to all you other candidates to calculate the relative cost and risk of dropping your precious petitions in the mail against the chances that you’ll run into construction, cops, or pokey grannies on your drive to Pierre.
I delivered mine in person as well. I wanted to make sure the petitions arrived on time and undamaged.
I have great faith in the United States Postal Service, MC, but, like you, there are some things for which I prefer to take full responsibility.
However, for those who can’t take an entire day to drive to Pierre, equal ballot access demands that we give them the same amount of time to circulate and allow them to submit their petitions by registered mail.
Update: Mercer notes and apologizes for his error. It’s an easy mistake to make—Senate Bill 69 had 24 sections and made several more controversial changes than eliminating the registered mail postmark leeway.