South Dakota Administrative Code

Rule 05:02:09:17 Examination of voting booths. 5:02:09:17. Examination of voting booths. Before voting begins and periodically thereafter on election day, members of the election board shall examine all voting booths and remove campaign cards, political advertising, or other matt…

Rule 05:02:09:18 Repealed. 5:02:09:18. Ballot comparison certification.Repealed. Source: 16 SDR 20, effective August 10, 1989; 21 SDR 77, effective October 24, 1994; 25 SDR 167, effective July 6, 1999; repealed, 30 SDR 171, effective May 10, 2004.

Rule 05:02:09:19 Repealed. 5:02:09:19. Counting imperfectly marked punchcard ballots.Repealed. Source: 28 SDR 99, effective January 17, 2002; repealed, 30 SDR 171, effective May 10, 2004.

Rule 05:02:09:20 Repealed. 5:02:09:20. Countingpunchcard ballots with a hole next to an intact chad.Repealed. Source: 28 SDR 99, effective January 17, 2002; repealed, 30 SDR 171, effective May 10, 2004.

Rule 05:02:09:21 Repealed. 5:02:09:21. Overvotedpunchcard ballots.Repealed. Source: 28 SDR 99, effective January 17, 2002; repealed, 30 SDR 171, effective May 10, 2004.

Rule 05:02:09:22 Counting imperfectly marked optical scan ballots. 5:02:09:22. Counting imperfectly marked optical scan ballots. A mark that touches the oval on an optical scan ballot shall be counted as a vote; any mark that does not touch the oval and is not in the oval may not…

5:02:10:01. Application for absentee ballot. The Secretary of State's Office shall produce an absentee ballot application form and distribute the form to the county auditors. The absentee ballot application form must contain the deadline for an applicant to request an absentee ba…

5:02:10:01.01. Receipt for absentee ballot returned by authorized messenger. When a voted ballot is returned to the county auditor by an authorized messenger, the auditor's receipt for that absentee ballot must be in the following form: RECEIPT FOR ABSENTEE BALLOT RETURNED BY AUT…

Rule 05:02:10:01.02 Guidelines for acceptance of facsimile absentee ballot applications from UOCAVA voters. 5:02:10:01.02. Guidelines for acceptance of facsimile absentee ballot applications from UOCAVA voters. The person in charge of the election shall upon request make a fax nu…

5:02:10:01.03. Combined absentee ballot application/return envelope. The application for an in-office absentee ballot must be printed in the following form on an envelope used for sealing the voted ballot: APPLICATION FOR IN-OFFICE ABSENTEE BALLOT___________________ COUNTY, SOUTH…

Rule 05:02:10:01.04 Repealed. 5:02:10:01.04. Military and overseas voters absentee ballot application for electronic access. Repealed. Source: 36 SDR 209, effective June 30, 2010; repealed, 40 SDR 40, effective September 9, 2013.

Rule 05:02:10:02 Repealed. 5:02:10:02. Envelope for transmitting ballot application to superintendent of elections. Repealed. Source: 2 SDR 46, effective December 30, 1975; 19 SDR 12, effective August 5, 1992; 46 SDR 42, effective September 30, 2019.

Rule 05:02:10:03 Envelope for sending ballots to voter. 5:02:10:03. Envelope for sending ballots to voter. Prior to January 1, 2011, the envelope for sending ballots to voters may follow the specifications provided in this section that were in effect on May 7, 2009. All ballots m…

5:02:10:04. Instructions to absentee voters. Any ballot mailed or delivered to absentee voters must include the following instructions: TO THE VOTER:  Mark your ballot privately. Fill in the oval next to the name or ballot question using a black ink pen. Do not use a felt tip p…

Rule 05:02:10:05 Official return envelope for ballots used in voting. 5:02:10:05. Official return envelope for ballots used in voting. Prior to January 1, 2011, the envelope for sending ballots to voter may follow the specifications provided in this section that were in effect on…

Rule 05:02:10:06 Official record of absentee ballots delivered to voters. 5:02:10:06. Official record of absentee ballots delivered to voters. The official record of absentee ballots delivered to voters shall be in either a paper file or an electronic file. The county auditor may…

Rule 05:02:10:07 Repealed. 5:02:10:07. Instructions for voting service and overseas ballots.Repealed. Source: 4 SDR 85, effective June 14, 1978; 6 SDR 25, effective September 24, 1979; 8 SDR 24, effective September 16, 1981; transferred from § 5:02:05:17, 12 SDR 43, effective Sep…

5:02:10:08. Envelopes for use with voting service and overseas ballots. The envelopes used in connection with voting service and overseas ballots must be printed in black ink and must meet the following federal guidelines: BALLOT TRANSMISSION ENVELOPE Suggested MaxHeight 6 1/8 in…

05:02:10:09. Nursing facility, assisted living center, or hospital absentee voting. When the county auditor or the county auditor’s designee is at a facility to conduct absentee voting in accordance with SDCL 12-19-9.1, a resident who wishes to vote using an absentee ballot must …

Rule 05:02:11:01 Purpose. 5:02:11:01. Purpose. The purpose of this chapter is to implement SDCL 12-3-6 to 12-3-13 and the Voting Rights Act Amendments of 1975, PL 94-73. Source: 2 SDR 82, effective June 13, 1976; 25 SDR 8, effective August 3, 1998. General Authority:SDCL 12-3-13.…

Rule 05:02:11:02 Counties covered. 5:02:11:02. Counties covered. If the proper federal authorities add any counties, these rules shall apply without amendments. If the proper federal authorities remove counties from coverage, such counties need not comply. Source: 2 SDR 82, effec…

Rule 05:02:11:03 Language minority defined. 5:02:11:03. Language minority defined. Language minority means persons who are American Indian, Asian American, Alaskan natives or of Spanish heritage. Source: 2 SDR 82, effective June 13, 1976; 25 SDR 8, effective August 3, 1998. Gener…

Rule 05:02:11:04 Exemption procedure. 5:02:11:04. Exemption procedure. Pursuant to SDCL 12-3-6 to 12-3-13, inclusive, the county auditor and state's attorney of a county determined to be covered by the Voting Rights Act Amendments of 1975 may proceed as follows in order to be exe…

Rule 05:02:11:05 Interpreter assistance. 5:02:11:05. Interpreter assistance. The county auditor shall appoint one interpreter for each precinct. This officially appointed interpreter shall subscribe to an oath which shall be in the same form as election precinct board members. Ea…

Rule 05:02:12:01 Poll watchers -- Primary election. 5:02:12:01. Poll watchers -- Primary election. At least one poll watcher for each candidate, one poll watcher for each slate of national convention delegates and alternates, and one poll watcher for each side of any ballot issue…

Rule 05:02:12:02 Poll watchers -- General election. 5:02:12:02. Poll watchers -- General election. At least one poll watcher for each political party, one poll watcher for each independent candidate, one poll watcher for each slate of presidential electors, and one poll watcher f…

Rule 05:02:12:03 Additional poll watchers permitted. 5:02:12:03. Additional poll watchers permitted. If there is adequate space at the polling place, this chapter does not preclude increasing the number of poll watchers. Source: 2 SDR 82, effective June 13, 1976; 25 SDR 8, effect…

Rule 05:02:14:01 Official stamp. 5:02:14:01 Official stamp. The form of the official stamp shall read as follows: OFFICIAL BALLOT ABSENTEE BALLOT PRECINCT _________________ COUNTY (Date of Election) Source: 3 SDR 69, effective April 10, 1977; 6 SDR 25, effective September 24, 197…

Rule 05:02:14:02 Ballot wrappers. 5:02:14:02. Ballot wrappers. Ballot wrappers in the absentee ballot precinct shall read as follows: Absentee Ballot Precinct Wrapper for __________ Precinct of ___________ County, State of South Dakota, ___________ Election, _____ day of ________…

Rule 05:02:14:03 Pollbooks. 5:02:14:03. Pollbooks.Pollbooks for absentee ballot precincts may be in loose-leaf form and in the general form and number as pollbooks in regular precincts except there shall be sufficient space in the pollbook for each election precinct which will be…

Rule 05:02:14:04 Tally sheets. 5:02:14:04. Tally sheets. The tally sheets for absentee ballot precincts shall be in the same form as tally sheets in regular precincts except there shall be provided enough space for all precincts which will be counted. Source: 3 SDR 69, effective …

Rule 05:02:14:05 Ballot boxes. 5:02:14:05. Ballot boxes. One or more ballot boxes may be used in the absentee ballot precinct. Ballot boxes shall be constructed in the same manner as ballot boxes in regular precincts and the seals shall also be the same. After each precinct's bal…

Rule 05:02:15:01 County candidates not on ballot. 5:02:15:01. County candidates not on ballot. The certificate of election for county candidates not appearing on the general election ballot shall be in the following form: UNITED STATES OF AMERICA STATE OF SOUTH DAKOTA COUNTY OF _…

Rule 05:02:15:02 County candidates on ballot. 5:02:15:02. County candidates on ballot. The certificate of election for county candidates appearing on the general election ballot shall be in the following form: STATE OF SOUTH DAKOTA COUNTY OF ______________ CERTIFICATE OF ELECTION…

Rule 05:02:15:03 Repealed. 5:02:15:03. State legislative candidates not on ballot.Repealed. Source: 3 SDR 69, effective April 10, 1977; repealed, 6 SDR 25, effective September 24, 1979.

Rule 05:02:15:04 State legislative candidates on ballot. 5:02:15:04. State legislative candidates on ballot. The certificate of election for state legislative candidates appearing on the general election ballot shall be in the following form: UNITED STATES OF AMERICA STATE OF SOU…

Rule 05:02:15:05 Statewide offices. 5:02:15:05. Statewide offices. The certificate of election for statewide offices shall be in the following form: UNITED STATES OF AMERICA STATE OF SOUTH DAKOTA CERTIFICATE OF ELECTION THIS IS TO CERTIFY that on the _____ day of November, 20____…

Rule 05:02:15:06 Circuit court judge. 5:02:15:06. Circuit court judge. The certificate of election for circuit court judge shall be in the following form: UNITED STATES OF AMERICA STATE OF SOUTH DAKOTA CERTIFICATE OF ELECTION THIS IS TO CERTIFY that on the _____ day of November, …

Rule 05:02:15:07 Supreme Court justice. 5:02:15:07. Supreme Court justice. The certificate of retention for Supreme Court justice shall be in the following form: UNITED STATES OF AMERICA STATE OF SOUTH DAKOTA CERTIFICATE OF RETENTION THIS IS TO CERTIFY that on the _____ day of No…

Rule 05:02:15:08 Municipal candidate not on the ballot. 5:02:15:08. Municipal candidate not on the ballot. The certificate of election for a municipal candidate not on the ballot shall be in the following form: STATE OF SOUTH DAKOTA COUNTY OF ______________ MUNICIPALITY OF ______…

Rule 05:02:15:09 Municipal candidate on the ballot. 5:02:15:09. Municipal candidate on the ballot. The certificate of election for a municipal candidate on the ballot shall be in the following form: STATE OF SOUTH DAKOTA COUNTY OF _____________ MUNICIPALITY OF ______________ CERT…

Rule 05:02:15:10 School board candidate not on the ballot. 5:02:15:10. School board candidate not on the ballot. The certificate of election for a school board candidate not on the ballot shall be in the following form: STATE OF SOUTH DAKOTA ____________ SCHOOL DISTRICT NO. ____ …

Rule 05:02:15:11 School board candidate on the ballot. 5:02:15:11. School board candidate on the ballot. The certificate of election for a school board candidate on the ballot shall be as follows: STATE OF SOUTH DAKOTA __________SCHOOL DISTRICT NO.____ CERTIFICATE OF ELECTION THI…

Rule 05:02:15:12 Precinct committeeman, committeewoman, state delegate, or alternate not on the ballot. 5:02:15:12. Precinct committeeman, committeewoman, state delegate, or alternate not on the ballot. The certificate of election for a precinct committeeman, committeewoman, stat…

Rule 05:02:15:13 Precinct committeeman, committeewoman, state delegate, or alternate on the ballot. 5:02:15:13. Precinct committeeman, committeewoman, state delegate, or alternate on the ballot. The certificate of election for a precinct committeeman, committeewoman, state delega…

Rule 05:02:15:14 Certificate of nomination at county primary election. 5:02:15:14. Certificate of nomination at county primary election. The certificate of nomination at the county primary election shall be in the following form: STATE OF SOUTH DAKOTA COUNTY OF ___________ CERTIF…

Rule 05:02:15:15 Certificate of nomination at county primary election without opposition. 5:02:15:15. Certificate of nomination at county primary election without opposition. The certificate of nomination at the county primary election for a candidate without opposition shall be …