Title 12 — ELECTIONS

Sections 12-4-4.2 to 12-4-4.9 , inclusive, implement the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq., as of January 1, 2023. Source: SL 1977, ch 112 , § 2; SL 1996, ch 95 , § 1; SL 2023, ch 44 , § 3.

An "overseas citizen" is any person residing outside the territory of the United States of America including its territories and possessions, and who is a citizen of the United States. Source: SL 1977, ch 112 , § 3.

Any overseas citizen may register and vote in any federal, state, county, or local election held within South Dakota under the following conditions: (1) The overseas citizen, or the spouse or parent of the overseas citizen, was last domiciled in South Dakota immediately prior to …

The overseas citizen may register and vote absentee in the same county and election precinct in which the overseas citizen, or spouse or parent of the overseas citizen, resided immediately prior to leaving the United States. Source: SL 1977, ch 112 , § 5; SL 2011, ch 76 , § 2.

A request for an absentee ballot made by an overseas citizen that contains the information necessary to comply with §§ 12-4-4.4 and 12-4-4.5 shall be sufficient for registration purposes, and these applications need not be notarized or otherwise sworn to. Source: SL 1977, ch 112 …

The person in charge of the election shall expedite the processing of registrations and absentee ballot requests of overseas citizens. Source: SL 1977, ch 112 , § 6.

The State Board of Elections may promulgate rules pursuant to chapter 1-26 for the implementation of §§ 12-4-4.2 to 12-4-4.9 , inclusive. Source: SL 1977, ch 112 , § 1.

All other provisions of law relating to elections shall apply to §§ 12-4-4.2 to 12-4-4.9 , inclusive. Source: SL 1977, ch 112 , § 7.

The secretary of state may use the statewide voter registration file to identify any duplicate voter registration within the state. If the secretary of state has determined that there is a duplicate voter registration, the secretary of state shall notify the county whose official…

The secretary of state may share information from the statewide voter registration file with any other state, territory, or local political subdivision of another state or territory to identify any duplicate registrations. Before sharing information from the statewide voter regis…

Any information obtained from the statewide voter registration file or any county voter registration file may not be sold and may not be used for any commercial purpose. Except as provided in §§ 12-4-37 and 12-4-37.1 , information obtained from the statewide voter registration fi…

The county auditor shall enter in the master registration file the name of each eligible person whose completed application for registration and mail registration card is received no later than 5:00 p.m. local time at least fifteen days preceding the election by the county audito…

12-4-5.2 Notice of registration procedures--Publication. 12-4-5.3 Review of voter registration application by auditor--Notice to applicant--Promulgation of rules. 12-4-5.4 Registration--Information provided. 12-4-5.5 Verification of driver license or social security information--…

The county auditor or the person responsible for the conduct of a local election shall give notice of the availability of registration officials and state when registration will be terminated and the effect of not registering to vote. The county auditor or the person responsible …

When a voter registration application is received by the county auditor, the county auditor or an individual designated by the county auditor shall review the application for eligibility and completeness. If the applicant is not eligible to be registered or sufficient information…

Any person registering to vote shall provide the person's valid South Dakota driver license number or a South Dakota nondriver identification number on the voter registration form. If a person does not have a valid South Dakota driver license or a South Dakota nondriver identific…

At the time voter registration information is transmitted from a county to the statewide voter registration file, the secretary of state shall verify the authenticity of the driver license number or the South Dakota nondriver identification number with the driver license database…

No person may employ, reward, or compensate any person to register voters based on the number of voters registered. Nothing in this section prohibits any person from hiring a person paid on an hourly or salaried basis to register voters. Any violation of this section is a Class 2…

No person may receive any wages, reward, or compensation for registering voters based on the number of voters registered. Nothing in this section prohibits any person from being employed on an hourly or salaried basis to register voters. Any violation of this section is a Class 2…

By March first of each year, the secretary of state shall submit a report to the State Board of Elections providing the number of voters removed from a county's voter registration list during the previous year due to inactivity, death, felony conviction, mental incompetence, relo…

On the first business day of each month and on the date of a primary, general, runoff, or special election in the state, the secretary of state shall publish on the official website of the secretary of state: (1) The total number of registered voters in each county of the state; …

A person registered to vote, pursuant to this chapter, may request that the auditor of the county in which the voter resides remove the person's name from the master registration list. If a person makes a request pursuant to this section less than fourteen days prior to an electi…

Within fifteen days after the close of each month, each clerk of court shall forward to the county auditor of the clerk's county information on any individual called for jury duty who is excused from jury duty because the individual has moved, has been convicted of a felony, has …

The secretary of state, a county auditor, or any individual registered as a voter of this state may file an application for the correction of any precinct registration list or to challenge the right to vote of any registered voter not later than the thirtieth day before the day o…

An application for the correction of any precinct registration list or to challenge the right to vote of any registered voter may be filed by the secretary of state, the auditor of the county where the challenged voter is registered, or any other individual who is registered as a…

An applicant for registration shall answer questions and sign the oath as required on the form prescribed by the State Board of Elections. An applicant for registration at a driver's license station shall also sign a signature card prescribed by the Department of Public Safety. T…

A voter registration shall be considered to be effective on the date which the card is received by the county auditor. However, if the card was completed at one of the agencies listed in § 12-4-2 , is received by the auditor within five days following any registration deadline an…

To file an application for correction, the individual must sign and file an affidavit attesting that, to the best of the individual's personal knowledge and belief, having exercised due diligence to personally verify the evidence presented, the challenged voter is not qualified t…

If a county auditor receives an application for correction, pursuant to § 12-4-60 , and, after researching the voter, determines the affidavit raises a valid challenge, the auditor must send a verification request to the voter named in the application. The verification request mu…

If a voter's registration is canceled, pursuant to § 12-4-61 , the voter may appeal the auditor's decision to the board of county commissioners or circuit court. Any decision of the board may be appealed to the circuit court. Source: SL 2025, ch 61 , § 5.

Records of an application of correction filed pursuant to § 12-4-60 must be retained by the county auditor for at least twenty-two months. Thereafter, if the auditor chooses to destroy the records, the records must be destroyed in a secure manner. Source: SL 2025, ch 61 , § 6.

12-4-7.1

12-4-7.2 Duty to ensure completion of registration cards. 12-4-7.3 12-4-7.3 , 12-4-7.4. Repealed by SL 1994, ch 107 , §§ 10, 11. 12-4-8 Records prescribed by state board--Information required. 12-4-8.1 Postcard requests for absentee ballots under federal law--Indexing and furnish…

Any local, state, or federal agency staff person who registers a voter shall ensure that the registration card, as prescribed by the State Board of Elections, is filled out completely. Source: SL 1975, ch 119 , § 14; SL 1976, ch 105 , § 5; SL 1978, ch 94 , § 2; SL 1985, ch 107 , …

For the purpose of expediting work of the county auditor, to promote uniformity in registration, and for the preparation of abstracts and other forms to be used by election boards, registration records shall be prescribed by the State Board of Elections. The State Board of Electi…

In lieu of forms for registration prescribed under § 12-4-8 , requests for absentee ballots submitted in accordance with the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq., as of January 1, 2023, are sufficient for registration purposes. The county…

Any voter whose name appears in the master registration file who makes written application to the county auditor for a duplicate acknowledgment notice, who has not received one or who has lost it, may receive a true copy of the card on file. Source: SL 1970, ch 86 , § 8; SDCL Sup…

The county auditor shall maintain and safeguard a digital master registration file that contains: (1) The information from the voter registration card of each individual registered to vote in the county; (2) The date of the last election at which the individual has voted; (3) The…

12-4-9.2 Secured active designation. 12-4-9.3 Voter registration records of judicial officers not a public record. 12-4-10 Precinct registration lists--Contents--Entries. 12-4-10.1 Registration lists furnished to federal court for jury selection--Return of lists to auditor. 12-4-…

A person eligible to vote under § 12-4-1 may apply to the secretary of state to be listed in the master registration file with a secured active designation. The secretary of state shall certify a secured active designation if an applicant provides a sworn application that affirms…

Home address information on the voter registration record for a magistrate judge, circuit court judge, or justice of the Supreme Court eligible to vote under § 12-4-1 is not open to public inspection. The Unified Judicial System shall provide a list of judicial officers to the se…