Title 12 — ELECTIONS

12-4-25 to 12-4-28. Repealed by SL 1974, ch 118 , § 200. 12-4-29. Repealed by SL 1994, ch 107 , § 25. 12-4-30. Repealed by SL 1974, ch 118 , § 200. 12-4-31. Repealed by SL 1994, ch 107 , § 26.

12-4-30

The county auditor shall provide mail registration cards along with instructions on how to properly register voters to private entities and individuals. Each private entity or individual shall provide information to the voter being registered on how the voter may contact such pri…

12-4-3.2 Private entity or individual registering voters--Form filing deadline--Violation as misdemeanor. 12-4-4

Any private entity or individual registering a person to vote shall file the completed registration form with the county auditor within ten days or by the next voter registration deadline, whichever occurs first. A violation of this section is a Class 2 misdemeanor. Source: SL 20…

12-4-31

12-4-32 National Voter Registration Act of 1993. 12-4-33 Chief state election official. 12-4-34 References to registered voters--Inactive voters may sign petition. 12-4-35 Rules for the National Voter Registration Act. 12-4-36 Rebuttable presumption that certain electors not qual…

Sections 4 to 8, inclusive, of the National Voter Registration Act of 1993 apply to all elections in South Dakota which require voter registration. Source: SL 1994, ch 107 , § 32.

The secretary of state is the chief state election official pursuant to section 10 of the National Voter Registration Act of 1993. Source: SL 1994, ch 107 , § 33.

If a statute refers to registered voters, it does not include those in the inactive registration file unless specifically included. Any voter in the inactive registration file may sign a petition. Source: SL 1994, ch 107 , § 34; SL 2002, ch 40 , § 14; SL 2010, ch 74 , § 9; SL 202…

The State Board of Elections may promulgate rules pursuant to chapter 1-26 necessary for implementation of the National Voter Registration Act. Source: SL 1994, ch 107 , § 35.

There is a rebuttable presumption that the signer of a petition filed pursuant to chapter 2-1 , 6-16 , 7-18A , 9-13 , 9-20 , 12-6 , 12-7 , or 13-7 is not a qualified elector if the signer's name fails to appear on the active or inactive voter registration list of the county state…

The secretary of state shall establish and maintain a computerized system for maintaining and utilizing the voter registration file. Each county auditor shall transmit daily any changes to the master registration file or the absentee voter log to the secretary of state using the …

The secretary of state shall establish and maintain a rolling five-year historical archive of the complete statewide voter registration file, including the weekly updates published by the secretary pursuant to this section. The information contained in the historical archive of t…

The statewide voter registration file maintained by the secretary of state shall be considered a duplicate file of the official voter registration records held in each county office. If there is any discrepancy between the statewide voter registration file maintained by the secre…

The secretary of state shall promulgate rules, pursuant to chapter 1-26 , providing for: (1) The establishment and maintenance of the statewide voter registration file; (2) The transmission of the voter registration information from the county auditor to the secretary of state; (…

12-4-4.1

12-4-4.2 Uniformed Overseas Citizens Absentee Voting Act implemented. 12-4-4.3 Overseas citizen defined. 12-4-4.4 Registration and voting by overseas citizens--Conditions. 12-4-4.5 Absentee registration and voting in last county and precinct of residence. 12-4-4.6 Absentee ballot…

The secretary of state shall provide any absentee uniformed services and overseas voter information on voter registration procedures and how to vote absentee. Source: SL 2003, ch 83 , § 13. 12-4-4.11. Repealed by SL 2016, ch 77 , § 1.

12-4-4.12 Registration of voter under Uniformed and Overseas Citizens Absentee Voting Act. 12-4-5 Entry of applicants in registration file--Deadline--List for runoff election. 12-4-5.1

If a voter is identified as being covered by the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq., as of January 1, 2023, the voter may register to vote through the system provided by the Office of the Secretary of State. Source: SL 2014, ch 72 , § 2…

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…