Title 12 — ELECTIONS

The board of county commissioners shall by resolution provide for election precincts throughout its county and shall designate polling places within such precincts. The board shall establish new election precincts if required by the provisions of this chapter and may by resolutio…

The official in charge of a local election shall notify the county auditor at least forty-five days before a local election if any external boundary changes have been made for the precinct, ward, or representation area. In even numbered years, the official in charge of a local el…

The American flag shall be displayed inside or outside of all polling places within this state at each election. Source: SL 1987, ch 122 .

On election day a sign, with a minimum size of eleven inches by seventeen inches, shall be conspicuously displayed outside of the entrance to any building in which a polling place is located to clearly identify the building as a polling place. Source: SL 2007, ch 79 , § 1.

No precinct boundary or polling place may be changed after the publication of the first notice of election is published as provided in §

If any nonpublicly-owned building is used as a polling place, the building owner may designate whether campaign signs will be allowed on the building's premises outside the area defined in § 12-18-3 on election day. If campaign signs are allowed, the building owner may not prohib…

The resolution of the board of county commissioners establishing new precincts or making any change in precincts already established shall clearly set forth and define the boundaries of the election precincts established or altered. Source: SL 1915, ch 184 , § 1; RC 1919, § 7231;…

In all precincts the board of county commissioners shall adjust the size of any precinct at which there was unreasonable waiting time imposed upon the voters at the last preceding general election. Under ordinary circumstances, more than thirty minutes waiting time is deemed unre…

Polling places shall be selected with reference to the convenience of the voters in the various election precincts, and should be as near the center of the election precincts as practicable but if in their judgment the convenience of the voters will be served thereby or if commun…

In addition to the precinct election board, the person in charge of the election may appoint a person to be designated as the precinct assistant. The precinct superintendent shall prescribe the duties and conduct of the precinct assistant. The precinct assistant may not perform a…

If any person appointed as precinct superintendent or precinct deputy neglects or refuses to be sworn or to act as such, the position of the person shall be filled by the voters of the precinct present at the polling place when it opens, from the different political parties, as p…

The county auditor shall, on the receipt of the returns of any primary, general, or special election make out a certificate stating the fee that each precinct superintendent and precinct deputy is entitled. The county auditor shall submit the certificate to the board of county co…

In each election precinct in which the number of ballots to be voted on paper ballots, including absentee ballots, has in prior general elections exceeded three hundred voters, the auditor shall appoint a precinct counting board to be composed of five precinct deputies, one of wh…

Notwithstanding § 12-15-14 , the county auditor may appoint counting boards in those precincts where the number of ballots to be voted on paper ballots, including absentee ballots, has in prior elections unreasonably delayed the completion of the ballot count even though the tota…

No person may serve on an election or counting board who is a candidate or related by blood or marriage within the second degree to a candidate who is on the ballot in that precinct. Source: SL 1991, ch 120 ; SL 1993, ch 118 , § 11. 12-15-15, 12-15-16. Repealed by SL 1974, ch 118…

A precinct superintendent or precinct deputy appointed under § 12-15-1 shall be a registered voter and a resident of the precinct for which the person is appointed. If the person in charge of the election is unable to appoint a sufficient number of members of the precinct electio…

No person appointed as a precinct superintendent or precinct deputy may serve as a poll watcher at that election. Source: SL 1984, ch 109 , § 1; SL 1999, ch 69 , § 5.

In the appointment of the members of the precinct election board and of the counting board pursuant to this chapter, if three or more parties have candidates on the official ballot, one precinct deputy shall be appointed from each party whose candidate for Governor in the last gu…

Before performing election day duties, each precinct superintendent, precinct deputy, and precinct assistant of the election and counting boards shall severally take an oath in the following form: I, A.B., do solemnly swear (or affirm) that I will perform the duties of precinct s…

Source: SDC 1939, § 16.1103; SL 1961, ch 100 ; SL 1974, ch 118 , § 81; SL 1999, ch 69 , § 14.

The county auditor shall provide printed ballots for each election in which the voters of the entire county participate. Except as provided in § 12-6-9 , printed ballots for a primary election must contain the name of each candidate who has filed for nomination and is approved. T…

Any candidate who has been duly nominated to an elective office except State Legislature, political or nonpolitical, having no opposing candidate at the general election shall automatically be elected and the county auditor or secretary of state, as the case may be, shall, follow…

12-16-2 Paper and printing specifications--Columns for parties and independent candidates--Automatic tabulating systems. 12-16-2.1 Colors for ballots. 12-16-3

If two or more members of the State House of Representatives or the county commission are to be elected at large from a county, that portion of the official ballot shall also be prescribed, in accordance with § 12-16-8 , by the State Board of Elections. Source: SDC 1939, § 16.110…

No person's name may appear on the general election ballot as a candidate for election to more than one public office except for the office of President of the United States or vice president of the United States. Source: SL 2019, ch 72 , § 2.

Source: SL 1921, ch 224 , § 7; SDC 1939, § 16.1105 (6); SL 1971, ch 92 , § 1; SL 1974, ch 118 , § 75; SL 1976, ch 105 , § 46; SL 2025, ch 64 , § 2. 12-16-12, 12-16-13. Repealed by SL 1974, ch 118 , § 200.

Whenever it shall appear by affidavit that an error has occurred in the publication of the names or descriptions of the candidates nominated for office or in the printing of any sample or official ballots, the judge of the circuit court, upon application of any voter, shall by an…

The county auditor shall post sample ballots in a manner that can be plainly seen and read by the public. Source: SDC 1939, §§ 16.1101, 16.1304; SL 1959, ch 96 ; SL 1963, ch 112 ; SDCL, § 12-13-13; SL 1974, ch 118 , § 77; SL 1997, ch 79 , § 2.

The county auditor shall publish, in each official newspaper of the county, facsimiles of the official ballots of each election in which the voters of the entire county participate. The facsimile shall be published at least once in each official newspaper within the two calendar …

If two or more counties use the same legal newspaper and use the same type of ballot, that portion of the ballot which each county votes on in common may have its facsimile published once. If a portion of the ballot is not voted on in common, a facsimile of that portion of the ba…

This section applies when a facsimile ballot is published. The newspaper shall be compensated for publication of the facsimile ballot at the same rate as the general display rate or the qualifying contract rate, whichever is less, for the newspaper. The published facsimile may be…

The county auditor shall provide official and sample ballots to each precinct in the county. The quantity provided for a primary election shall be at least ten percent more than the number of votes cast for the gubernatorial candidate of the respective parties in the preceding gu…

The county auditor shall, not later than the opening of the polls on the day of the election, cause to be delivered to the superintendent of election of each precinct the proper number of ballots provided for the use of the voters of such precinct at such election. The same shall…

The ballots, together with all other election supplies may be delivered to the precinct superintendent or precinct deputy for each precinct at the time the precinct superintendent and precinct deputies are called together to receive instructions pursuant to §

All official ballots shall be printed on good quality bond paper, in black ink, and in the English language. The names of candidates for each office shall be printed in large type under the designation of the party for which the nomination is made, so that all the names of candid…

The State Board of Elections shall, by rule adopted pursuant to chapter 1-26 , establish the color for sample and official ballots and of ballots to be voted in all elections so as to differentiate between the political, nonpolitical, party, and ballot question ballots. In primar…

The precinct superintendent or precinct deputy receiving the package of ballots shall at the opening of the polls on election day cause the same to be delivered with the seal unbroken to the election board of the election precinct. The precinct superintendent or precinct deputy s…

In case the ballots to be furnished to any precinct are, for any reason, not duly delivered or received, or if the delivery has been exhausted, destroyed, or stolen, the precinct superintendent shall immediately procure from the county auditor replacement ballots. Source: SDC 193…

12-16-23 Voting rights notices and instructions. 12-16-24

The county auditor shall cause to be printed, in large type on cards in the English language, voting rights notices and instructions for the guidance of voters in preparing their ballots in the form as prescribed by the State Board of Elections and deliver the cards with the ball…

12-16-25 Posting of instruction cards and posters in polling place. 12-16-26 Construction of ballot boxes--Openings. 12-16-27

A member of the precinct election board may post no less than one of the instruction cards in each booth or compartment provided for the voting of ballots and not less than two of the instruction posters elsewhere in and about the polling place upon the day of election. Source: S…

Ballot boxes shall be so constructed to preclude the removal of any material therefrom except by means of an opening which may be secured in the closed position by means of a metal seal which will preclude opening of the box without the destruction of the seal; materials used in …

12-16-28 Pollbooks--Voter registration lists. 12-16-29

The person in charge of an election shall provide paper ballot precincts with a pollbook in the form prescribed by the State Board of Elections for each election precinct for the purposes of §

12-16-30 Official stamp for ballots--Delivery of stamp and supplies. 12-16-31

12-16-3.1 Order of party columns. 12-16-4

If more than one political party qualifies for the general election, the position of each party's candidates on the ballot shall be determined by drawing of lots by the secretary of state at the same time and in the same manner as prescribed for candidates in §

Before opening the polls the county auditor or officer charged with the conduct of a local election shall deliver to the precinct superintendent of each precinct within the county, for use at the polling place of the precinct, a rubber stamp. The stamp shall contain the words, of…

12-16-32 Separate tally sheets provided. 12-16-33