Title 12, ELECTIONS
34 chapters · 650 sections in this title.
SDCL § 12-26-1 Elections to which chapter applies
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The word "election" as used in this chapter includes any election held in this state for the purpose of enabling the voters to nominate or elect any United States, state, or local officer, or to vote upon any question submitted to them. Source: PenC 1877, § 90; CL 1887, § 6290; R…
SDCL § 12-26-10 Threats or intimidation to prevent public assembly of electors as misdemeanor--Hindering attendance at meeting
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A person who by threats, intimidation, or unlawful force or violence, intentionally hinders or prevents voters from assembling in a public meeting for considering of public questions, or who hinders or prevents any individual voter from attending any such meeting, is guilty of a …
SDCL § 12-26-11 Disturbance of public meeting of voters as misdemeanor
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A person who intentionally disturbs or breaks up any public meeting of voters lawfully being held for the purpose of considering public questions is guilty of a Class 2 misdemeanor. Source: PenC 1877, § 74; CL 1887, § 6274; RPenC 1903, § 79; RC 1919, § 3666; SDC 1939, § 13.0916; …
SDCL § 12-26-12 Persecution, threats, or intimidation to influence vote as misdemeanor--Obstruction of voter on way to polls
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A person who directly or indirectly, intentionally, by force or violence, or by unlawful arrest, or by any abduction, duress, damage, harm, or loss, or by any forcible or fraudulent contrivance, or by threats to do or employ any of them, or by threats of bringing civil suit or cr…
SDCL § 12-26-13 Unlawful influence of employees' political activities or voting as misdemeanor--Forfeiture of corporate charter
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It is a Class 2 misdemeanor for any employer in paying his employees the salary or wages due them, to enclose their pay in "pay envelopes" upon which there is written or printed any political mottoes, devices, or arguments containing threats, express or implied, intended or calcu…
SDCL § 12-26-14 Use of public relief, loans, or grants to influence political activity or vote as misdemeanor
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It is a Class 1 misdemeanor for any person, directly or indirectly, to promise or threaten to grant or withhold or to cause to be granted or withheld, any public relief, assistance loans, or grants for the purpose or with the intention of controlling or influencing the political …
SDCL § 12-26-15 Bribery of voter as misdemeanor--Acts constituting bribery
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It is a Class 2 misdemeanor for any person, directly or indirectly, by the person or through any other person: (1) To pay, lend, contribute, or offer or promise to pay, lend, or contribute, any money or other valuable consideration, to or for any voter or to or for any other pers…
SDCL § 12-26-16 Acceptance of bribe by voter as misdemeanor--Acts constituting acceptance of bribe
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It is a Class 2 misdemeanor for any person, directly or indirectly, by himself or through any other person: (1) To receive, agree, or contract for, before or during any election, any money, gift, loan, or other valuable consideration, offer, place, or employment for himself or an…
SDCL § 12-26-17 Bribery or acceptance of bribe as infamous crime--Forfeiture of office
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Any person committing the offense of bribery of voters or receiving a bribe as specified in §§ 12-26-15 and 12-26-16 is guilty of an infamous crime, and any person convicted thereof shall, in addition to the criminal punishment, forfeit any office to which he may have been electe…
SDCL § 12-26-19 Betting with intent to procure challenge as misdemeanor
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Any person who shall directly or indirectly make a bet with a voter depending upon the result of any election, with the intent thereby to procure the challenge of such voter or to prevent his voting at an election, is guilty of a Class 2 misdemeanor. Source: SL 1891, ch 58 , § 3;…
SDCL § 12-26-21 Disobedience of precinct superintendent or precinct deputy as misdemeanor
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A person who intentionally disobeys a lawful command of a precinct superintendent or precinct deputy of any election, given in the execution of the person's duty as such at an election, is guilty of a Class 2 misdemeanor. Source: SDC 1939, § 13.0923; SL 1982, ch 86 , § 125; SL 19…
SDCL § 12-26-22 Disturbance of election proceedings as misdemeanor
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No person may cause any disturbance or breach of the peace, or engage in disorderly conduct in violation of § 22-18-35 , or use threats of violence, whereby an election is impeded or hindered, or whereby the lawful proceedings of the precinct superintendent or precinct deputies, …
SDCL § 12-26-23 Tampering with ballots, ballot box, or poll list as felony
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A person who intentionally breaks, destroys, steals, or conceals any ballot box or any poll list used or intended to be used at any election, or who, before the ballots have been counted or canvassed, or during the time within which a contest or recount may be instituted or is pe…
SDCL § 12-26-23.1 Tampering with automatic ballot counting devices, direct recording electronic voting machines, and electronic ballot marking systems as felony
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No person may intentionally program or alter an automatic ballot counting device, direct recording electronic voting machine, or electronic ballot marking system to erroneously mark, record, or count voted ballots or to render an erroneous total. A violation of this section is a …
SDCL § 12-26-24 Exclusion by precinct superintendent or precinct deputy of lawful vote as misdemeanor
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A precinct superintendent or precinct deputy who intentionally excludes any vote duly tendered, knowing that the person offering the same is lawfully entitled to vote at the election, is guilty of a Class 2 misdemeanor. Source: SDC 1939, § 13.0926; SL 1974, ch 118 , § 198; SL 198…
SDCL § 12-26-25 False count or return by election official as misdemeanor--Defacement or concealment of statement or certificate
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No precinct superintendent, precinct deputy, member of any counting board, member of any board of canvassers, messenger, or other officer authorized to take part in or perform any duty in relation to any count, canvass, or official statement of the votes cast at any election, may…
SDCL § 12-26-27 Bribery of election official as misdemeanor
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A person who gives or offers a bribe to any precinct superintendent, precinct deputy, canvasser, or other officer of an election as a consideration for doing or omitting to do any act in violation of the person's official duty in relation to such election, is guilty of a Class 2 …
SDCL § 12-26-28 Offenses relating to election on submitted question
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Every act which by the provisions of this chapter is made criminal when committed with reference to the election of a candidate is equally criminal when committed with reference to the determination of a question submitted to voters to be decided by votes cast at an election. Sou…
SDCL § 12-26-29 Prevention of unlawful election not prohibited
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Nothing in this chapter shall be construed to authorize the punishment of any person who, by authority of law, may interfere to prevent or regulate an election which has been unlawfully noticed or convened, or is being, or is about to be, unlawfully conducted. Source: PenC 1877, …
SDCL § 12-26-3 False representation to register or vote--Knowing allowance--Penalty--Exclusion
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An individual is guilty of a Class 1 misdemeanor if the individual: (1) Knowingly makes a false statement or representation to register as a voter or cast a ballot at an election; or (2) Is in the presence of and knowingly allows another individual to make a false statement or re…
SDCL § 12-26-30 Irregularities in proceedings not a defense
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Irregularities or defects in the mode of noticing, convening, holding, or conducting an election authorized by law, form no defense to a prosecution for a violation of the provisions of this chapter. Source: PenC 1877, § 91; CL 1887, § 6291; RPenC 1903, § 96; RC 1919, § 3680; SDC…
SDCL § 12-26-31 Offender as witness against another--Compelling testimony--Immunity from prosecution
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A person offending against any provision of this title is a competent witness against another person so offending, and may be compelled to attend and testify upon any trial, hearing, proceeding, or investigation, in the same manner as any other person. But the testimony so given …
SDCL § 12-26-32 Deepfake--Definitions
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Terms used in §§ 12-26-32 to 12-26-37 , inclusive, mean: (1) "Artificial intelligence," any machine-based system that, for any explicit or implicit objective, infers from the inputs received by the system how to generate content, decisions, predictions, recommendations, or other …
SDCL § 12-26-33 Deepfake--Use in election--Penalty
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No person, with the intent to injure a candidate, may disseminate a deepfake or enter into a contract or other agreement to disseminate a deepfake, within ninety days of an election, if the person knows or reasonably should know the item being disseminated is a deepfake and does …
SDCL § 12-26-34 Deepfake--Prohibition exceptions
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Section 12-26-33 does not apply: (1) If the deepfake constitutes satire or parody; (2) To a radio or television broadcasting system, or cable or satellite television operator, programmer, or producer that: (a) Broadcasts a deepfake as part of a bona fide newscast, news interview,…
SDCL § 12-26-35 Deepfake--Injunction or other equitable relief
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The attorney general, a candidate who is injured or likely to be injured by the dissemination of a deepfake in violation of § 12-26-33 , or the individual depicted in a deepfake disseminated in violation of § 12-26-33 may seek injunctive or other equitable relief prohibiting the …
SDCL § 12-26-36 Deepfake--Civil liability--Burden of proof--No limitation
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A person who disseminates a deepfake in violation of § 12-26-33 is liable to the candidate and the individual depicted in the deepfake for damages, reasonable costs and attorney fees, and any other relief the court deems proper. The plaintiff bears the burden of establishing the …
SDCL § 12-26-37 Deepfake--Affirmative defense--Disclosure
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It is an affirmative defense for any action brought pursuant to §§ 12-26-32 to 12-26-37 , inclusive, that the deepfake includes a disclosure stating: "This (image/video/audio) has been manipulated or generated by artificial intelligence." For an image or video recording, the text…
SDCL § 12-26-4 Voting or offer to vote by unqualified person--Penalty
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An individual is guilty of a Class 1 misdemeanor if the individual: (1) Knows that the individual is not a qualified voter of this state; and (2) Votes or offers to vote at any election held in this state. Source: PenC 1877, § 65; CL 1887, § 6264; RPenC 1903, § 69; RC 1919, § 365…
SDCL § 12-26-7 Impersonation of registered voter--Penalty
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An individual is guilty of a Class 6 felony if the individual: (1) Impersonates a registered voter; and (2) Votes or offers to vote at any election held in this state. Source: PenC 1877, § 71; CL 1887, § 6271; RPolC 1903, § 2034; RPenC 1903, § 76; RC 1919, § 3663; SDC 1939, § 13.…
SDCL § 12-26-8 Voting more than once at any election--Penalty
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An individual is guilty of a Class 6 felony if the individual: (1) After having voted in this state, votes or offers to vote in the same or in another election precinct in this state; or (2) After having voted in another state or territory, votes or offers to vote in this state. …
SDCL § 12-26-9 Good faith defense to prosecution for illegal voting
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Upon any prosecution for procuring, offering, or casting an illegal vote, the accused may give in evidence any facts tending to show that he honestly believed upon good reason that the vote complained of was a lawful one; and the jury may take such facts into consideration in det…