STATE OF SOUTH DAKOTA
OFFICE OF
THE ATTORNEY GENERAL

August 9, 1971

Miss Alma Larson
Secretary of State
Pierre, South Dakota 57501

OFFICIAL OPINION NO. 71-33

Eligibility of 18-21 year old voters to run for local, state and party offices.

Dear Miss Larson:

You have requested my opinion as follows:

My office has been asked various questions concerning the minimum age requirements regarding the eligibility of a candidate for various offices. These questions have been asked in conjunction with the new 26th Amendment to the Constitution of the United States granting 18-21 year old persons the right to vote.

The Constitution of the United States and the Constitution of South Dakota set forth the following minimums:

United States Senator                           30 years

United States Representative                 25 years

Governor of South Dakota                    30 years

Question 1: Is an 18 year old qualified to run for delegate to the national convention?

Question 2: Is an 18 year old qualified to run for county office?

Question 3: Is an 18 year old qualified to run for state office?

Question 4: Is an 18 year old qualified to run for delegate to the state convention or precinct committeeman and committeewoman ?

In Official Opinion No. 71-24, issued July 9, 1971, I stated that all qualified persons eighteen years old and older were granted the franchise in all local, state and national elections to be conducted in South Dakota because of the ratification of the 26th Amendment to the Constitution of the United States.

QUESTION 1: It is my opinion that a person who is eighteen years old or older, and otherwise qualified according to law, can legally run for delegate and alternate to his party's national convention.

SDCL 12-5-2 states:  

At each primary election the members of the respective political parties shall elect the precinct committeeman and precinct committeewoman of said political parties, three delegates from each county, and each unorganized county, for each political party to the state convention of said party, and in the years when a President of the United States is to be elected, delegates and alterantes to the national convention of said political party.

SDCL 12-5-3, 12-5-3.1 and 12-5-3.2 relate to national convention delegates and alterates, but no age limitation is imposed. The general laws dealing with political parties further impose no limitation. As stated previously, all other laws would have to be complied with for an eighteen year old to be a candidate for delegate or alternate to his national convention, but his age would not prevent him from standing as a candidate for election.

QUESTION 2: Article V, Section 25 of the Constitution of South Dakota provides that a person must be at least twenty-five years of age to be a county judge. Article V, Section 24 of the Constitution of South Dakota provides that a person must be at least twenty-five years of age to be a state's attorney.

It is my opinion that there is no prohibition for qualified persons eighteen years old and older to seek any other county office.

QUESTION 3: The following minimum limitations as to age apply to state officers within the provisions of the Constitution of South Dakota cited:

SUPREME COURT JUDGE               - thirty years                 - Article V, Section 10

CIRCUIT JUDGE                                - twenty-five years        - Article V, Section 25

LEGISLATURE, both houses   - twenty five years        - Article III, Section 3

GOVERNOR                                      - thirty years                 - Article IV, Section 2

LT. GOVERNOR                                - thirty years                 - Article IV, Section 2

ATTORNEY GENERAL                     - twenty-five years        - Article V, Section 24

In addition to the constitutional provisions above, SDCL 49-1-3 provides that a public utilities commissioner must be at least twenty-five years of age in order to be eligible for his office.

It is my opinion that there is no prohibition for qualified persons eighteen years old and older to seek any other state office.

QUESTION 4: In line with my answer to Question 1, I can find no age limitations on the right of a qualified person eighteen years old or older to stand for election for delegate to his party's state convention or precinct committeeman or committeewoman.

Respectfully submitted,

Gordon Mydland
Attorney General