All Roll Calls
Yes: 140 • No: 15
South DakotaSB 171101st South Dakota Legislature (2026)Senate
amend provisions pertaining to the processing of absentee ballots and to declare an emergency.
Sponsored By: Heinemann, Leslie J. (Republican), Peterson, Sue (Republican)
Signed by Governor
Absentee VotingElectionsEmergency Clause
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 2 benefits, 0 costs, 1 mixed.
Clear timing for absentee ballot counting
When officials create an absentee precinct, all absentee ballots must go there to be received, processed, and counted. Its pollbook must list every absentee voter in the jurisdiction and the type of ballot cast. Each county may have only one absentee counting board at a time. When election officials find it necessary, the board may process ballots during regular business hours the day before the election. It may also process ballots before polls close on election day. Counting is barred the day before the election, and hand counting must wait until polls close. Early election-day machine counting requires hidden vote totals, the resolution board’s presence, and county party chairs’ notice at least 10 days before the election. If processing or tabulation has not started before polls close, processing and counting must begin immediately afterward.
Safer handling of voters’ absentee ballots
South Dakota election officials must date-stamp received absentee envelopes and store them safely without breaking their seals. They must deliver ballots to the voter’s home precinct superintendent or absentee counting board before polls close. When an absentee precinct is created, each precinct superintendent receives an absentee-voter list with election supplies and election-day updates. Officials must keep applicants’ names, mailing addresses, and precincts, and personally deliver those records to the counting board. They must also record authorized messengers who request ballot delivery to another voter. Precinct boards process ballots when free from other duties or when ballots remain unprocessed at poll closing. They compare envelope statements with applications, except when the application and return envelope are a combined form. The pollbook must record the voter’s name and confirm registration, no previous precinct vote, both signatures, and who voted the ballot. Boards open qualifying envelopes, stamp ballots, and deposit them with other ballots without opening, unfolding, or examining the ballots. For envelopes that cannot be opened, a board member must write and sign the reason on the envelope. These envelopes go into a larger envelope for unopened absentee ballots.
Ballot watching rights with privacy penalties
Absentee ballot sorting, checks, processing, and counting must be open to poll watchers. Watchers must stay a reasonable distance from ballots and voter identification information. No one may create a record linking an individual voter to a ballot. Before counting, no one may open, unfold, or examine a ballot or tell others about its markings or contents. Violating these observation or secrecy rules is a Class 2 misdemeanor.
Sponsors & Cosponsors
Sponsors
Heinemann, Leslie J.
Republican • House
Peterson, Sue
Republican • Senate
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
Senate vote • 3/10/2026
Concurred in amendments
Yes: 32 • No: 2
House vote • 3/5/2026
Do Pass Amended
Yes: 56 • No: 11
House vote • 3/2/2026
Do Pass Amended
Yes: 11 • No: 0
Senate vote • 2/5/2026
Do Pass
Yes: 32 • No: 2
Senate vote • 2/4/2026
Do Pass
Yes: 9 • No: 0
Actions Timeline
Signed by the Governor
3/30/2026SenateDelivered to the Governor
3/12/2026SenateSigned by the Speaker
3/11/2026HouseSigned by the President
3/11/2026SenateConcurred in amendments
3/10/2026SenateDo Pass Amended
3/5/2026HouseDo Pass Amended
3/2/2026HouseMotion to amend
3/2/2026HouseScheduled for hearing
3/2/2026HouseReferred to
2/9/2026HouseFirst Reading House
2/6/2026HouseDo Pass
2/5/2026SenateDo Pass
2/4/2026SenateScheduled for hearing
2/4/2026SenateFirst read in Senate and referred to
1/29/2026Senate
Bill Text
Introduced
1/29/2026
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