Title 12 — ELECTIONS

The primary election provided for in chapter 12-6 shall be held at the regular polling place in every voting precinct throughout the state on the first Tuesday after the first Monday in June of every even-numbered year. Source: SDC 1939, §§ 16.0202, 16.0237; SL 1945, ch 75 ; SL 1…

On the first Tuesday after the first Monday in November of each even - numbered year an election shall be held in the several election precincts in the state, which shall be known as the general election and the several state, district, and county officers, members of the Legisla…

No statewide election or referendum may be held on a date other than a date ordinarily provided by statute for a primary, runoff, or general election, with the exception of a date provided by the Legislature to hold a special election. Source: SL 1986, ch 116 ; SL 2000 (SS), ch 2…

At each election to be held under this title, the polls shall be opened at the hour of seven a.m. and remain continuously open until seven p.m., standard time or daylight savings time, whichever is in effect. However, no polling place may be closed at any election until all the v…

Notwithstanding § 12-2-3 , the county auditor may, upon request of the superintendent of an election precinct, if an emergency exists by reason of mechanical failure of a voting machine or an unanticipated shortage of ballots or like unforeseen event warrants it, extend the polli…

Any other provision of law notwithstanding, the members of the governing body of any governmental subdivision may choose to hold their elections in conjunction with the regular June primary election. The combined election is subject to approval by the county commissions of the co…

The members of the governing body of any governmental subdivision may choose to hold their election in conjunction with any other governmental subdivision's election if the statutory dates for the election coincide. The combined election is subject to approval by all of the gover…

No earlier than twenty-four hours before the polls open, the person in charge of the election may call a special emergency meeting, pursuant to §§ 1-25-1 and 1-25-1.1 , of the local governing board to postpone any election, except a primary or general election, for one week if th…

The person in charge of the election shall use any and all means necessary to notify the voters in the jurisdiction of the postponement of an election pursuant to this chapter. If the postponement misses the deadline for the official newspaper, a notice shall be posted in three o…

Source: PolC 1877, ch 27, § 47; CL 1887, § 1486; RPolC 1903, § 1866; RC 1919, § 7213; SDC 1939, § 16.0604; SL 1972, ch 76 , § 1; SL 1973, ch 69 , § 2; SL 2023, ch 42 , § 2; SL 2025, ch 59 , § 1; SL 2026, ch 63 , § 5, eff. Mar. 26, 2026.

Source: SL 1970, ch 92 ; SL 2026, ch 63 , § 6, eff. Mar. 26, 2026. 12-3-2. Repealed by SL 1982, ch 28 , § 39. 12-3-3, 12-3-4. Repealed by SL 1973, ch 69 , § 4.

The county auditor of the counties affected by §§ 12-3-6 to 12-3-13 , inclusive, shall provide election assistance to any Indian by providing a person proficient in both the local Sioux dialect and the English language in all precincts of the county for the purposes of registrati…

Interpreters shall be provided for precincts as determined by the auditor or person in charge of that election and interpreters shall be paid the same as precinct deputies. All expenses shall be paid out of the county general fund or other appropriate political subdivision fund. …

If any precinct exists in any county that does not need the assistance of an interpreter, the county auditor and the county state's attorney shall certify such facts to the state board of elections. Appropriate proof shall accompany such certification. Source: SL 1976, ch 104 , §…

The State Board of Elections shall have the authority, pursuant to chapter 1-26 , to promulgate rules to implement, administer and enforce §§ 12-3-6 to 12-3-13 , inclusive, and the state board of elections shall have further authority, pursuant to chapter 1-26 , to promulgate rul…

12-3-3 12-3-3 , 12-3-4. Repealed by SL 1973, ch 69 , § 4. 12-3-5 Time allowed employees from work to vote--Penalty and pay deduction prohibited--Violation as misdemeanor. 12-3-6 Counties covered by Voting Rights Act Amendments--Designation by federal agencies--Notice from secreta…

Any person entitled to vote at any election held within this state, including a primary election, shall, on the day of such election, be entitled to absent himself from any service or employment in which he is then engaged or employed for a period of two consecutive hours between…

Whenever the United States Department of Justice and the United States Census Bureau, acting pursuant to Public Law 94-73, designate any county in South Dakota to be covered under the provisions of the Voting Rights Act Amendments of 1975, the county so designated shall be govern…

The state's attorney of any affected county is hereby authorized to bring appropriate proceedings, pursuant to Public Law 94-73, to exempt the entire county from the provisions of that act. Source: SL 1976, ch 104 , § 7.

Sections 12-3-6 to 12-3-13 , inclusive, shall apply to all elections held within the affected counties designated pursuant to § 12-3-6 , and the person in charge of such elections shall be responsible for the implementation of such sections. Source: SL 1976, ch 104 , § 3.

The Legislature finds that the Lakota, Nakota, and Dakota dialects of the Sioux language are "historically" unwritten languages and are defined as such by the provisions of Public Law 94-73. Source: SL 1976, ch 104 , § 2.

12-4-53 Receipt of payment for registration of voters based on number of voters registered prohibited--Violation as misdemeanor. 12-4-54 Annual report--Secretary of state--Individuals removed from county voter registration list--Publication. 12-4-55 Voter registration numbers to …

An individual is entitled to register as a voter of this state if the individual: (1) Is a citizen of the United States and has provided sufficient evidence, as set forth in § 12-4-1.4 , to demonstrate the individual's citizenship; (2) Is a resident, as defined in § 12-1-4 , of t…

12-4-1.2 Voter registration form--Certification. 12-4-1.3 Federal voter--Designation--Ballot. 12-4-1.4 Demonstration of citizenship--List of documentation--Verification of naturalization. 12-4-2 County auditor in charge of voter registration records. 12-4-2.1 12-4-2.1 , 12-4-2.2.…

The voter registration form must include a certification of voter eligibility by which the applicant attests, under the penalty of perjury, that the applicant: (1) Is a citizen of the United States; (2) Will be eighteen years or older on or before the next election; (3) Is a resi…

A county auditor must designate an individual as a federal voter if: (1) At the time the individual applies to register as a voter or to vote by absentee ballot, the individual provides only the address of a commercial mail receiving agency, mail forwarding service, or other post…

Any individual applying to register as a voter shall provide documentation, along with the application, to demonstrate that the individual is a United States citizen. The individual shall present: (1) The individual's South Dakota driver license or nondriver identification card, …

The county auditor shall provide from the master registration file, in paper or electronic format, a separate list of the names and addresses of all registered voters in each voting precinct as established pursuant to chapter 12-14 , § 9-13-16 , or 13-7-11 in the county, which sh…

Whenever so requested, the county auditor shall furnish to the clerk of the United States District Court for the district of South Dakota, at no cost to the county, the current precinct registration lists or certified copies thereof referred to in § 12-4-10 for all election preci…

If the boundaries of any election precinct are changed, the county auditor shall immediately change the registration file to correctly show the names and the other relevant voting information required upon registration of the voters who are residents of the election precinct. Sou…

Any new registrant previously registered elsewhere shall be required to sign an authorization which shall be forwarded by the registration official to the auditor of the county of former registration, or other appropriate registration official, who shall remove the registrant's n…

12-4-14

12-4-15 Voter information and party affiliation--Designation or change. 12-4-16

A person may designate or change that person's party affiliation, name, address, phone number, or email address by completing a new registration card. If a person completes a registration card to change that person's name, address, phone number, or email address, and leaves the f…

12-4-17

12-4-18 Persons declared mentally incompetent, deceased, or serving sentence for felony conviction--Removed from registration records--Promulgation of rules--Certification. 12-4-19 Address verification request--Confirmation mailing--Exception. 12-4-19.1 Confirmation mailing notic…

The clerk of courts shall, within fifteen days after the close of each month, prepare an abstract from the records of the names of persons declared mentally incompetent in the preceding month. The clerk of courts shall send the name of a person declared mentally incompetent to th…

Any voter in the active registration file who has failed to vote, has not updated the voter's registration information, and has not replied to a confirmation mailing at least once during the last preceding four consecutive years shall be sent a nonforwardable return-if-undelivera…

If the acknowledgement notice sent pursuant to § 12-4-5.3 is returned to the county auditor as undeliverable, the auditor must send a confirmation mailing letter or postcard that: (1) States the voter's registration may be canceled if the letter or postcard is not returned; (2) L…

The county auditor must move the voter to an inactive registration file if: (1) The voter does not return the confirmation mailing by the deadline stated on the mailing; or (2) The confirmation mailing is returned to the auditor as undeliverable. Source: SL 1975, ch 120 , § 3; SL…

12-4-19.4 Cancellation of voter registration. 12-4-19.5

If a voter placed in the inactive registration file does not vote by the second general election following the confirmation mailing, the registration shall be canceled. This determination shall be made between January first and November fifteenth of every odd - numbered year. Sou…

12-4-19.6 National change of address notice. 12-4-19.7 Voter registration list maintenance confirmation mailing notice--Contents. 12-4-20 12-4-20 to 12-4-22. Repealed by SL 1974, ch 118 , § 200. 12-4-23

The national change of address notice shall be sent by forwarding service requested to each voter in the active registration file who has failed to vote, has not updated the voter's registration information, has not replied to a confirmation mailing at least once during the last …

If the address verification request sent pursuant to § 12-4-19 is returned to the county auditor as undeliverable, the auditor must send a voter registration list maintenance confirmation mailing letter or postcard that: (1) States the voter's registration may be canceled if the …

The county auditor has complete charge of maintaining and safeguarding the voter registration records in the county. The county auditor shall retain all voter registration records in the auditor's office in paper or electronic form. Except as provided in §§ 12-4-9 , 12-4-9.2 , an…

12-4-3 Mail registration cards and instructions provided by auditor--Contact information provided by private entities. 12-4-3.1

12-4-23.1

12-4-24 Precinct lists for local election--Delivery to voting precincts. 12-4-24.1 Repealed by SL 2012, ch 81 , § 5. 12-4-25 12-4-25 to 12-4-28. Repealed by SL 1974, ch 118 , § 200. 12-4-29

The county auditor shall complete and make available to the official charged with the conduct of a local election at least one day preceding the election a precinct registration list and the person in charge of the election shall deliver the list to each of the superintendents of…