Title 12 — ELECTIONS

The precinct superintendent shall have charge of the conduct at the polling place and supervise the precinct deputies. The precinct superintendent shall issue instructions and assign the duties to each person for maintaining the registration lists and the pollbook and issuing and…

12-18-1.4 Attendance by election officials during voting and counting. 12-18-1.5 Attendance until polls closed by precinct superintendent and precinct deputies in precincts with counting boards--Attendance by board members during counting. 12-18-2

At all times after the polls are opened the precinct election officials shall remain at the polling place with the ballot boxes until the polls are closed and they have completed their duties. Source: SL 1974, ch 118 , § 105; SL 1975, ch 123 ; SL 1975, ch 119 , § 10; SL 1993, ch …

In those precincts where counting boards have been appointed, the precinct superintendent and precinct deputies shall remain at the place of election at all times after the polls are opened until the polls are closed, the election supplies are turned over to the counting board an…

12-18-12 Stamping of ballot before delivery to voter. 12-18-13 Use of unauthorized ballot prohibited. 12-18-14 Entry of voting booth or machine by voter. 12-18-15 Voting without delay--Maximum time in booth or machine--Reentry prohibited. 12-18-16 Marking of paper ballot--Form of…

Before delivering a ballot to any voter the member of the precinct election board in charge of the ballots shall stamp on the ballot the official stamp provided for that purpose as follows: (1) On a hand-counted ballot, on the back and near the top of the ballot; and (2) On an op…

No voter may receive or vote a ballot from any other person than the precinct superintendent or precinct deputy in charge of the ballots, nor may any person other than the precinct superintendent or precinct deputy deliver a ballot to the voter. Source: SDC 1939, § 16.1209; SL 19…

On receipt of his ballot or delivery to him of his voter's consecutive number, the voter shall forthwith and without leaving the polling place retire alone to one of the booths or voting machines provided to cast his vote. Source: SL 1897, ch 60 , § 25; SL 1899, ch 81 , § 1; RPol…

The person voting shall cast his vote without delay. No voter may occupy a voting booth or voting machine already occupied by another, nor occupy a voting booth or machine for more than ten minutes. No voter, other than an election officer, may reenter the enclosed space during a…

If a paper ballot is used, the voter may use a pencil or pen to mark the voter's ballot and the voter may mark the ballot with either a cross (x) or check mark (√). Source: SDC 1939, §§ 16,1105 (4), 16.1302; SL 1957, ch 84 , §§ 2, 3; SDC Supp 1960, § 16.0224-1; SDCL, §§ 12-13-19,…

If an optical scan ballot is used, the person in charge of the election must: (1) Provide a black ink pen for each in-person voter to mark the voter's choice on the ballot; and (2) Provide instructions to each voter who applies to vote by absentee ballot that the voter use a blac…

12-18-17

12-18-18

12-18-19

12-18-20 12-18-20 , 12-18-21. Repealed by SL 1997, ch 81 , §§ 7, 8. 12-18-21.1

12-18-3 Electioneering, offices, distracting communications devices, and signature gathering prohibited near polling place--Violation as misdemeanor. 12-18-3.1 Simulated elections--Access to polling place--Impartiality required--Notice to county auditor. 12-18-4 Examination and s…

12-18-22

12-18-23 Return to member of precinct election board of unmarked ballot. 12-18-24 Replacement of spoiled ballots--Marking and preservation. 12-18-25 Assistance of disabled or illiterate voter by person of his choice. 12-18-26

Each voter who does not vote a ballot delivered to the voter by a member of the precinct election board in charge of the ballots shall, before leaving the polling place, return the ballot to the member of the precinct election board in charge of the ballot box. Source: SDC 1939, …

If any voter spoils a ballot, the voter may obtain another ballot, and so on, successively, not to exceed three ballots in all, upon returning to a member of the precinct election board the spoiled ballot. In obtaining a ballot to replace a spoiled one, the name of the voter shal…

Any voter who by reason of physical disability or illiteracy is unable to read or mark a ballot may receive the assistance of any person whom such voter may select. Source: SL 1897, ch 60 , §§ 28, 30; RPolC 1903, §§ 1917, 1919; RC 1919, §§ 7267, 7268; SDC 1939, § 16.1204; SL 1939…

12-18-27 Marked ballot not to be publicized--Immediate deposit in ballot box. 12-18-28 Deposit of folded ballot in ballot box. 12-18-29 12-18-29 to 12-18-31. Repealed by SL 1974, ch 118 , § 200. 12-18-32 Packaging and return of unused ballots--Record accounting for ballots. 12-18…

No person may publicize an official ballot after it is marked to any person in such a way as to reveal the contents of the official ballot, or the name of any candidate for whom the person has marked a vote. No person may solicit a voter to show the voter's official ballot. Immed…

When a ballot is ready for deposit in the ballot box, the member of the precinct election board in charge of the ballot box, without opening the ballot or permitting it to be opened or examined except to ascertain that the ballot is a single ballot, shall deposit the ballot in th…

Except for sample ballots and materials and supplies necessary for the conduct of the election, no person may, in any polling place or within or on any building in which a polling place is located or within one hundred feet from any entrance leading into a polling place, maintain…

Minors voting in a simulated election and persons supervising or working in a simulated election in which minors vote shall be allowed in a polling place. All activities associated with a simulated election are subject to the provisions of § 12-18-3 , and all such activities shal…

All ballots which have not been distributed to voters, excluding those marked "spoiled and replaced" separately enclosed, together with a record of ballots stating the number of ballots voted, the number of ballots spoiled and replaced, and the number of ballots not delivered to …

The county auditor, on receipt of the unused, defective, or spoiled ballots, and the statement mentioned in § 12-18-32 , shall carefully compare the same with the record in his office of the number of ballots sent to such election precinct. If the same are not accounted for in th…

12-18-35 12-18-35 to 12-18-38. Repealed by SL 1974, ch 118 , § 200. 12-18-39 Provisional ballot--Eligibility. 12-18-40 Use of provisional ballot. 12-18-41

If any person is not authorized to vote pursuant to § 12-18-7.2 , is successfully challenged under § 12-18-10 , or is otherwise denied the ability to vote and the person maintains that he or she is currently registered to vote in that precinct, the person may cast a ballot which …

Before opening the polls each ballot box shall be carefully examined by the members of the precinct election board and everything in each ballot box shall be removed. Each ballot box shall then be sealed and may not be opened during the election except for vote counting as provid…

Before any poll is opened, each electronic ballot marking system shall be prepared for voting. The precinct superintendent shall test the system by using the system to mark at least two ballots. The test ballots shall be provided by the person in charge of the election and clearl…

Before giving a person a provisional ballot, the person shall complete an affirmation. The person's name shall be written in the pollbook along with a designation that the person has cast a provisional ballot. The person shall be given the ballot appropriate to the precinct in wh…

Repealed by SL 2016, ch 77 , § 3.

A member of the precinct election board belonging to a political party which is not the same as the political party of the member of the precinct election board who has the registration list shall keep a poll list in paper or electronic format which contains in numerical order th…

12-18-5.2

12-18-6

12-18-6.1 Voters required to provide identification before voting. 12-18-6.2 Affidavit in lieu of personal identification. 12-18-6.3 Verification of identity--Provisional ballot if identity not verified. 12-18-7

The person making an application for ballots shall announce his or her name and present his or her personal identification. A member of the precinct election board shall then verify that the picture on the personal identification presented under § 12-18-6.1 matches such person an…

12-18-7.1 Registered persons entitled to vote--Voting on acknowledgment notice--Verification with auditor--Emergency voting card. 12-18-7.2 Voting without acknowledgment notice on verification by auditor--Emergency voting card. 12-18-7.3

Any person whose name appears on the precinct registration list may vote at that election. However, if a person's name does not appear on the registration list, but the person does present an acknowledgment notice, the person shall be permitted to vote if one of the members of th…

If any person attempting to vote in any election claims to be registered or any person attempting to vote in any election claims to be in the inactive registration file but does not possess an acknowledgment notice and the person's name does not appear in the registration list of…

12-18-7.4 Affirmation of voter's address. 12-18-8

12-18-8.1 Number of poll watchers set by state board--Rules. 12-18-9 Observation of voting and counting--Public and poll watchers--Penalty. 12-18-9.1 Poll watchers and waiting voters not to see into booths--Interference with official actions--Violation as misdemeanor. 12-18-9.2 R…

The State Board of Elections shall promulgate rules pursuant to chapter 1-26 setting the number of poll watchers which are allowed in each polling place. Source: SL 1975, ch 124 , § 2; SL 1998, ch 78 , § 2.

Any candidate, party, or ballot question committee may have poll watchers present at a polling place for the purpose of observing the voting and counting process. During voting hours, a candidate who is on the ballot being voted on may not serve as a poll watcher and may only be …

The superintendent of elections may order poll watchers and voters waiting to vote to position themselves where the poll watchers and voters cannot see into voting booths, read identifying numbers on photo identification cards, or interfere with voters in the act of voting or wit…

Each election officer and all law enforcement officers shall remove materials in violation of § 12-18-3 and disobedient persons in violation of § 12-18-9.1 and arrest any person so interfering with the conduct of the election. Source: SL 1897, ch 60 , § 39; RPolC 1903, § 1923; RC…

If the authorized messenger requests a receipt when returning the absentee ballot, the person in charge of the election shall provide the authorized messenger a receipt. Source: SL 1913, ch 200 , § 2; SL 1917, ch 233 , § 2; SL 1918 (SS), ch 45 ; RC 1919, § 7227; SL 1925, ch 159 ,…

12-19-40. Repealed by SL 1982, ch 130 .