S.D. Codified Laws § 12-16-16.2 — SD Code / Title 12 / Chapter 16 / Section 12-16-16.2
Publication of facsimile ballots--Compensation of newspapers
Status: in_force

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 reduced in size proportionately up to fifty percent but in no case may the ballot wording be in a type less than eight point. If a portion of a candidate ballot is not voted on in the entire county, a facsimile of that portion of the ballot may be published simultaneously but separate from the candidate ballot and shall contain a description of who will vote on that portion of the ballot. If at least fifty percent of a ballot is blank, the blank portion does not need to be printed.

Source: SL 2006, ch 69, § 2.
S.D. Codified Laws § 12-21-29 — SD Code / Title 12 / Chapter 21 / Section 12-21-29
Opening of segregated ballot for purpose of different recount--Identification and substitution of memorandum if disputed--Resealing
Status: in_force

When in any recount, ballots have, in a previous recount, been identified and sealed as disputed but are still in the custody of the county auditor, the circuit court for the county shall, upon application to the county auditor, order the opening of such sealed envelopes solely for the purposes of the recount, and such envelopes may then be opened by such board in the presence of all persons entitled to appear at such recount and the ballots in such envelopes recounted. If it becomes necessary to identify any such ballot as disputed, it shall be marked as an exhibit, and in the sealed envelope in which disputed ballots are segregated in the pending recount, such board shall substitute in lieu of such ballot a memorandum briefly describing such ballot as to the question that is raised with reference thereto, how it has been identified as an exhibit and the identification of the envelope in which it was sealed in the previous recount. After such ballots have been recounted, they shall be resealed in the same identical envelope from which they were taken.

Source: SDC 1939, § 16.1833.
S.D. Codified Laws § 12-6-1 — SD Code / Title 12 / Chapter 6 / Section 12-6-1
Offices to which chapter applies
Status: in_force

The provisions of this chapter shall apply to the election to party office and for the nominations of political and nonpolitical candidates for public offices except as may be otherwise provided.

Source: SL 1929, ch 118, § 2; SDC 1939, § 16.0208; SL 1947, ch 84; SL 1973, ch 74, § 1.
S.D. Codified Laws § 12-27-9 — SD Code / Title 12 / Chapter 27 / Section 12-27-9
Limits on contributions to political action committee--Violation as misdemeanor
Status: in_force

A political action committee may accept contributions during any calendar year as follows:

(1) Not to exceed ten thousand dollars from a person;

(2) Not to exceed ten thousand dollars from an entity;

(3) Without limit from a political action committee;

(4) Without limit from a political party;

(5) Without limit from a candidate campaign committee; and

(6) Not to exceed ten thousand dollars from a ballot question committee.

Any contribution from a person who is an unemancipated minor shall be deducted from the total contribution permitted under this section by the unemancipated minor's custodial parent or parents. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.

Source: SL 2007, ch 80, § 9; SL 2011, ch 83, § 1; SL 2017, ch 222 (Initiated Measure 22), § 7, eff. Nov. 16, 2016; SL 2017, ch 72, § 6, eff. Feb. 2, 2017; SL 2017, ch 71, § 9; SL 2018, ch 85, § 3; SL 2019, ch 77, § 3.
S.D. Codified Laws § 12-5-3.16 — SD Code / Title 12 / Chapter 5 / Section 12-5-3.16
Certification of names of national convention nominees for President and vice-president--Alternate certification
Status: in_force

The chairperson of the national convention of each political party recognized pursuant to § 12-1-3 or 12-5-1 shall certify the names of the convention nominees for President and vice - president of each political party to the secretary of state immediately following the convention. If the national certification is not received or is inconclusive, the names shall be certified by the state chairperson of that party at the request of the secretary of state.

Source: SL 2001, ch 67, § 1.
S.D. Codified Laws § 12-4-4.4 — SD Code / Title 12 / Chapter 4 / Section 12-4-4.4
Registration and voting by overseas citizens--Conditions
Status: in_force

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 departure from the United States;

(2) The overseas citizen does not maintain a domicile, is not registered to vote, and is not voting in any other state;

(3) The overseas citizen is otherwise qualified to vote according to law.

Source: SL 1977, ch 112, § 4; SL 2011, ch 76, § 1.
S.D. Codified Laws § 12-1-2 — SD Code / Title 12 / Chapter 1 / Section 12-1-2
Application to local elections
Status: in_force

The provisions of this title apply to township, municipal, school, and other subdivision elections unless otherwise provided by the statutes specifically governing their elections or this title.

Source: PolC 1877, ch 27, § 1; CL 1887, § 1440; SL 1890, ch 37, art XIV, §§ 5, 6; RPolC 1903, §§ 1288, 1289, 1863; SL 1913, ch 119, §§ 105, 108; RC 1919, §§ 6326, 7210; SL 1931, ch 138, § 182; SDC 1939, §§ 15.2513, 16.0101, 45.1320; SL 1953, ch 256; SL 1955, ch 41, ch 9, §§ 6, 15; SL 1957, ch 65; SDC Supp 1960, §§ 15.2306, 15.2315; SDCL, §§ 9-13-17 , 13-7-20 ; SL 1973, ch 67, § 2; SL 1990, ch 103.
S.D. Codified Laws § 12-22-5 — SD Code / Title 12 / Chapter 22 / Section 12-22-5
Time of commencement of contest--Commencement after recount
Status: in_force

Any such contest, except as to the election of presidential electors, shall not be commenced until after the official canvass of the returns as to the office, nomination, position, or question involved; and must be commenced within ten days thereafter, except that where upon a recount there is a determination that is contrary to the result as pronounced on the official returns, such contest may be started within five days after such pronouncement of such result of such recount.

Source: SDC 1939, § 16.1903.
S.D. Codified Laws § 12-1-32 — SD Code / Title 12 / Chapter 1 / Section 12-1-32
Registered sex offenders prohibited from circulating petitions--Violation as misdemeanor
Status: in_force

No registered sex offender may circulate any petition, either on the registered sex offender's own behalf or on the behalf of, or in the employ of, another person in any place frequented by the public or door to door on private property. A violation of this section is a Class 1 misdemeanor.

Source: SL 2012, ch 80, § 1.
S.D. Codified Laws § 12-2-2 — SD Code / Title 12 / Chapter 2 / Section 12-2-2
Date of general election--Officers elected
Status: in_force

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 Legislature, senators and representatives in Congress, and judges of the Supreme and Circuit Courts shall be elected at the general election next preceding the expiration of the term of each of such officers, respectively, except such officers as are required by law to be elected at a special election; and in a year when a President and vice - president of the United States are to be chosen, a number of electors of President and vice - president of the United States, equal to the number of senators and representatives in Congress to which the state may be entitled or such other number as the Congress of the United States may require, shall be selected at such election.

Source: PolC 1877, ch 27, § 2; CL 1887, § 1441; RPolC 1903, § 1864; RC 1919, § 7211; SDC 1939, § 16.0602.
S.D. Codified Laws § 12-26-15 — SD Code / Title 12 / Chapter 26 / Section 12-26-15
Bribery of voter as misdemeanor--Acts constituting bribery
Status: in_force

It is a Class 2 misdemeanor for any person, directly or indirectly, by the person or through any other person:

(1) To pay, lend, contribute, or offer or promise to pay, lend, or contribute, any money or other valuable consideration, to or for any voter or to or for any other person, to induce the voter to vote or refrain from voting at any election or to induce any voter to vote or refrain from voting at any election for any particular person or to induce the voter to go to the polls or remain away from the polls at any election, or on account of the voter having voted, refrained from voting or having voted or refrained from voting for any particular person, or having gone to the polls or remained away from the polls at any election;

(2) To give, offer, or promise any office, place, or employment, or to promise to procure or endeavor to procure any office, place, or employment to or for any voter, or to or for any other person in order to induce the voter to vote or refrain from voting at any election for any particular person;

(3) To make any gift, loan, or promise, offer, procurement, or agreement as aforesaid to, for, or with any person in order to induce the person to procure or endeavor to procure the election of any person, or the vote of any voter at any election;

(4) To procure or engage, promise, or endeavor to procure, in consequence of any gift, loan, offer, promise, procurement, or agreement, the election of any person or the vote of any voter at any election;

(5) To advance or pay, or cause to be paid, any money or other valuable thing to or for the use of any other person, with the intent that the same or any part thereof shall be used in bribery at any election, or to knowingly pay or cause to be paid any money or other valuable thing to any person in discharge or repayment of any money wholly or in part expended in bribery at any election;

(6) To pay, lend, contribute, or offer or promise to pay, lend, or contribute, any money or other valuable consideration, to or for any voter or to or for any other person, to sign any nominating, referendum, initiated measure, or initiated constitutional amendment petition;

(7) To give, offer, or promise any office, place, or employment, or to promise to procure or endeavor to procure any office, place, or employment to or for any voter, or to or for any other person in order to sign any nominating, referendum, initiated measure, or initiated constitutional amendment petition; or

(8) To make any gift, loan, or promise, offer, procurement, or agreement as aforesaid to, for, or with any person in order to sign any nominating, referendum, initiated measure, or initiated constitutional amendment petition.

Source: SL 1891, ch 58, § 1; RPenC 1903, § 56; RC 1919, § 3648; SDC 1939, § 13.0920; SL 1982, ch 86, § 121; SL 2013, ch 63, § 4.
S.D. Codified Laws § 12-27-14 — SD Code / Title 12 / Chapter 27 / Section 12-27-14
Report of property sale by political committee--Violation as misdemeanor
Status: in_force

The sale of any property by a political committee shall be reported in the campaign finance disclosure statement. A violation of this section is a Class 1 misdemeanor.

Source: SL 2007, ch 80, § 14; SL 2018, ch 84, § 5.
S.D. Codified Laws § 12-22-12 — SD Code / Title 12 / Chapter 22 / Section 12-22-12
Intervention by other candidates--Assertion of right to nomination or office
Status: in_force

Any other person who was a candidate for such office or nomination may be permitted at any time to intervene, but shall not be permitted to assert any right to such nomination or office unless such intervention is within the time in which he might have started a contest.

Source: SDC 1939, § 16.1910.
S.D. Codified Laws § 12-1-26 — SD Code / Title 12 / Chapter 1 / Section 12-1-26
Evidence presented by parties--Cross-examination
Status: in_force

Unless otherwise provided by an agreement, each party is entitled to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing.

Source: SL 2003, ch 83, § 21; SDCL, § 12-4-47 .
S.D. Codified Laws § 12-13-1.1 — SD Code / Title 12 / Chapter 13 / Section 12-13-1.1
Requirements for elections beginning in 2018
Status: in_force

The provisions of §§ 12-13-1 , 12-13-9 , 12-13-23 , and 12-13-25.1 apply to any recitation prepared for an initiated amendment to the Constitution, initiated measure, and referred law certified to appear on a ballot beginning with any election in 2018.

Source: SL 2018, ch 77, § 5.
S.D. Codified Laws § 12-18-1.5 — SD Code / Title 12 / Chapter 18 / Section 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
Status: in_force

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 and the certificate and receipt required by § 12-20-1 have been signed. At this time, the counting board shall assume its duties and the election board is excused. The members of the counting board shall remain at the place of vote counting at all times from the time the counting board assumes the duties until the completion of the vote count and execution of the returns on the election.

Source: SDCL, § 12-18-1.4 as added by SL 1975, ch 119, § 10; SL 1976, ch 105, § 52; SL 1993, ch 118, § 15; SL 1999, ch 69, § 25.
S.D. Codified Laws § 12-27-50 — SD Code / Title 12 / Chapter 27 / Section 12-27-50
Limitation on uses for contributions received by candidate campaign committee
Status: in_force

Contributions received by a candidate campaign committee may only be used for:

(1) A purpose related to a candidate's campaign;

(2) Expenses incident to being a public official or former public official; or

(3) Donations to any other candidate, political committee, or nonprofit charitable organization.

Source: SL 2017, ch 71, § 41.
S.D. Codified Laws § 12-16-1.1 — SD Code / Title 12 / Chapter 16 / Section 12-16-1.1
Automatic election of unopposed candidate--Certificate of election
Status: in_force

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, following the official canvass, issue a certificate of election to such candidate and his name shall not be printed on the general election ballot.

Source: SL 1971, ch 82, § 1; SL 1979, ch 98, § 3.
S.D. Codified Laws § 12-17B-5.1 — SD Code / Title 12 / Chapter 17B / Section 12-17B-5.1
Procedure for testing system before election--Test ballots retained
Status: in_force

The person in charge of the election shall test the automatic tabulating equipment by processing a predetermined number of ballots on which are recorded a predetermined number of valid votes for each candidate and measure. The test of the automatic tabulating equipment must also include at least one ballot for each office that has votes exceeding the number allowed by law in order to test the ability of the automatic tabulating equipment to reject invalid votes. During the test, a different number of valid votes must be assigned to each candidate for an office and for and against each measure. A ballot used to test the automatic tabulating equipment must be clearly marked as a test ballot. After each test, the testing materials and the predetermined number of ballots used during the test must be sealed and retained in the same manner as election materials after an election.

Source: SL 2023, ch 49, § 2.
S.D. Codified Laws § 12-24-1 — SD Code / Title 12 / Chapter 24 / Section 12-24-1
12-24-1. Elector's notice to Governor of readiness to perform duties--Certificate of names presented to electors
Status: in_force

Each elector of President and vice president of the United States shall, before the hour of eleven o'clock in the morning of the day fixed by the act of Congress to elect a President and vice president, give notice to the Governor that he is at the seat of government and ready at the proper time to perform the duties of an elector; and the Governor shall forthwith deliver to the electors present a certificate of all the names of the electors.
S.D. Codified Laws § 12-13-16 — SD Code / Title 12 / Chapter 13 / Section 12-13-16
Publication of false or erroneous information on constitutional amendment or submitted question as misdemeanor
Status: in_force

Any person knowingly printing, publishing, or delivering to any voter of this state a document containing any purported constitutional amendment, question, law, or measure to be submitted to the voters at any election, in which such constitutional amendment, question, law, or measure is misstated, erroneously printed, or by which false or misleading information is given to the voters, is guilty of a Class 2 misdemeanor.

Source: SL 1913, ch 107, § 9; RC 1919, § 7224; SDC 1939, § 16.9923; SL 1982, ch 86, § 83.
S.D. Codified Laws § 12-5-3.6 — SD Code / Title 12 / Chapter 5 / Section 12-5-3.6
Selection of method of allocating national convention vote
Status: in_force

A state political party, in its Constitution or bylaws, shall determine the method of allocating delegates and alternates to its next national convention.

Source: SL 1973, ch 73, § 2; SL 1974, ch 120, § 1; SDCL § 12-5-3.3; SL 1977, ch 107, § 1; SL 2007, ch 74, § 5.
S.D. Codified Laws § 12-3-13 — SD Code / Title 12 / Chapter 3 / Section 12-3-13
Rules promulgated by state board
Status: in_force

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 rules to implement, administer and enforce further federal administrative rulings made pursuant to Public Law 94-73.

Source: SL 1976, ch 104, § 8.
S.D. Codified Laws § 12-19-2.6 — SD Code / Title 12 / Chapter 19 / Section 12-19-2.6
Preference and selection of ballot style for independent in primary election
Status: in_force

If an absentee voter in a primary election is registered as an independent and is eligible to vote more than one ballot style pursuant to § 12-6-26 , the voter may specify the voter's ballot style preference on the absentee ballot application. If no ballot style is designated, the absentee voter shall be provided a nonpolitical ballot.

If an absentee voter in a primary election is registered as an independent and is only eligible to vote one ballot style, the absentee voter shall be provided that ballot style. If more than one party allows independent voters to be eligible to vote in a primary election and no nonpolitical ballot is available and the absentee voter does not designate the ballot style to be received, no ballot may be provided to the absentee voter.

Source: SL 2010, ch 75, § 1, eff. Mar. 23, 2010.
S.D. Codified Laws § 12-27-6 — SD Code / Title 12 / Chapter 27 / Section 12-27-6
Contents of statement of organization
Status: in_force

The statement of organization shall include:

(1) The name, mailing address, and street address if different than the mailing address, and telephone number of the committee;

(2) The name, mailing address, and street address if different than the mailing address, and telephone number of the chair and the treasurer of the committee;

(3) A statement of the type of political committee that has been or is being organized;

(4) In the case of a candidate campaign committee, the name of the candidate, the name of the candidate's committee, office the candidate is seeking, mailing address, and the street address if different than the mailing address; and

(5) In the case of a political action committee or ballot question committee, a concise statement of its purpose and goals, and the full name, mailing address, and the street address if different than the mailing address of the entity with which the committee is connected or affiliated, or if the committee is not connected or affiliated with any one entity, the trade, profession, or primary interest of the committee.

The statement shall be signed by the candidate and treasurer for a candidate campaign committee and by the chair and treasurer for other political committees and filed pursuant to § 12-27-41 . A political committee continues to exist until a termination statement is filed pursuant to §§ 12-27-25 and 12-27-26 .

The treasurer of a political committee shall file an updated statement of organization not later than fifteen days after any change in the information contained on the most recently filed statement of organization.

Any correspondence regarding reporting deadlines, delinquent reports, administrative penalties, and administrative hearings may only be sent to the treasurer listed on the most current statement of organization on file.

Source: SL 2007, ch 80, § 6; SL 2008, ch 67, § 4; SL 2013, ch 67, § 5; SL 2016, ch 78, § 1; SL 2017, ch 71, § 6.
S.D. Codified Laws § 12-1-14 — SD Code / Title 12 / Chapter 1 / Section 12-1-14
Verification of petition signatures or declaration of candidacy--Written declaration as to validity
Status: in_force

The person in charge of the election shall verify the information contained in the affidavit submitted in accordance with § 12-1-13 and make a written declaration regarding the validity of the signatures in question or, for a nominating petition, of the declaration of candidacy. The person in charge of the election shall verify that each person, challenged under § 12-1-13 , was a registered voter at the time the person signed the petition by using the registration documents on file or, for a nominating petition, that the candidate was a resident of the district at the time the declaration of candidacy was signed, in accordance with § 12-6-3.1 , and is a registered voter with a party affiliation in accordance with § 12-6-3.2 .

Source: SL 1999, ch 70, § 2; SL 2015, ch 74, § 2; SL 2019, ch 68, § 2.
S.D. Codified Laws § 12-5-3.14 — SD Code / Title 12 / Chapter 5 / Section 12-5-3.14
Notice by candidates or supporters of intention to enter presidential primary
Status: in_force

Any candidate, committee, or group supporting a candidate in any presidential primary, shall, by the last Tuesday in March prior to the presidential primary election, notify the secretary of state of an intention to have the name of the candidate placed on the presidential primary election ballot or submit a slate of candidates or both.

Source: SL 1977, ch 107, § 11; SL 1987, ch 120; SL 1997, ch 75, § 5; SL 2007, ch 81, § 7; SL 2015, ch 77, § 10 rejected Nov. 8, 2016.
S.D. Codified Laws § 12-25-30 — SD Code / Title 12 / Chapter 25 / Section 12-25-30
Statements by candidates for local office--Violation as petty offense or misdemeanor
Status: in_force

Any candidate for county commissioner, school board member in a school district with a total enrollment of more than two thousand students, or commissioner, council member, or mayor in any first class municipality, shall file a statement of financial interest with the office at which the candidate's nominating petitions are filed not more than fifteen days after filing the candidate's nominating petitions or, if otherwise nominated, not more than fifteen days after the candidate's nomination is certified. Any violation of this section is a petty offense. An intentional violation of this section is a Class 2 misdemeanor.

Source: SL 1974, ch 121, § 4; SL 1977, ch 68, § 12; SL 1982, ch 86, § 109; SL 1992, ch 60, § 2; SL 1995, ch 85; SL 2017, ch 23, § 5.
S.D. Codified Laws § 12-17B-9 — SD Code / Title 12 / Chapter 17B / Section 12-17B-9
Transporting sealed ballot box
Status: in_force

Upon completion of the voting and after sealing the ballot box, two of the members of the precinct election board, of different major political parties, shall, by the most direct route, transport the box to the central counting location designated by the person in charge of the election or the ballots may be transported to the counting location by a sheriff's deputy and two deputy county auditors, one of each major political party, or by two deputy county auditors, one of each major political party.

Source: SL 1994, ch 110, § 13; SL 1999, ch 69, § 21.
S.D. Codified Laws § 12-4-7.2 — SD Code / Title 12 / Chapter 4 / Section 12-4-7.2
Duty to ensure completion of registration cards
Status: in_force

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, § 3; SL 1989, ch 127; SL 1993, ch 110, § 2; SL 1994, ch 107, § 9.
S.D. Codified Laws § 12-27-48 — SD Code / Title 12 / Chapter 27 / Section 12-27-48
False allegation of misconduct as misdemeanor
Status: in_force

Any person who knowingly makes a false allegation pursuant to § 12-27-47 , 23-3-72 , or 23-3-73 is guilty of a Class 2 misdemeanor.

Source: SL 2017, ch 73, § 7; SL 2018, ch 84, § 12.
S.D. Codified Laws § 12-5-3.8 — SD Code / Title 12 / Chapter 5 / Section 12-5-3.8
Certification of candidates or slates for primary--Placement on ballot--Selection process without primary
Status: in_force

If a political party chooses to have a primary for selection of its delegates and alternates to the national convention, the party shall certify the candidate names or the delegate and alternate slates which are to be listed on the primary ballot to the secretary of state by the last Tuesday in March preceding the primary by five p.m. central time. Only candidates or slates certified may be placed on the ballot by the secretary of state and the position of the candidates or slates on the primary ballot shall be chosen by lot by the secretary of state. The certification shall be deemed to be submitted if mailed by registered mail by five p.m. central time on the last Tuesday in March. If a political party does not choose to have a primary selection of its delegates and alternates to the national convention, the party shall define the selection process of its delegates and alternates in the party bylaws.

Source: SL 1976, ch 106, §§ 1, 2; SDCL Supp, § 12-5-3.4; SL 1977, ch 107, § 3; SL 1980, ch 111; SL 1986, ch 115, § 4; SL 1997, ch 75, § 4; SL 2007, ch 74, § 7; SL 2007, ch 81, § 6; SL 2015, ch 77, § 9 rejected Nov. 8, 2016; SL 2017, ch 69, § 1.
S.D. Codified Laws § 12-16-21 — SD Code / Title 12 / Chapter 16 / Section 12-16-21
Replacement of ballots lost, stolen, or not delivered--Additional ballots
Status: in_force

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 1939, § 16.1104; SL 1974, ch 118, § 82; SL 1999, ch 69, § 16.
S.D. Codified Laws § 12-19-14 — SD Code / Title 12 / Chapter 19 / Section 12-19-14
Unlawful disposition of ballot or ballot link--Violation as misdemeanor
Status: in_force

Any voter who, having procured an official ballot or a Uniformed and Overseas Citizens Absentee Voting Act ballot link as provided in §§ 12-19-1 to 12-19-1 2, inclusive, intentionally disposes of a ballot in any manner other than as provided in those sections or provides the ballot link to any other person is guilty of a Class 2 misdemeanor. The Uniformed and Overseas Citizens Absentee Voting Act ballot link is the internet URL for accessing an electronically provided absentee ballot.

Source: SL 1913, ch 200, § 5; RC 1919, § 7230; SDC 1939, § 16.9911; SL 1974, ch 118, § 143; SL 1982, ch 86, § 88; SL 2010, ch 74, § 17; SL 2023, ch 51, § 15.
S.D. Codified Laws § 12-24A-7 — SD Code / Title 12 / Chapter 24A / Section 12-24A-7
Time and place of vote--Duty to vote
Status: in_force

At twelve p.m. central time on the day designated by Congress for the election of the president and vice president of the United States, the presidential electors shall meet at the seat of government of this state and perform the duties enjoined upon them by the Constitution and laws of the United States.

Except as provided in § 12-24A-8 , each presidential elector shall vote for the candidates for the office of president and vice president of the United States whose slate of electors received the highest number of votes at the state's general election.

Source: SL 1890, ch 84, § 12; RPolC 1903, § 1960; RC 1919, § 7324; SDC 1939, § 16.1601; SDCL § 12-24-4; SL 2026, ch 74, §§ 4, 9.
S.D. Codified Laws § 12-4-19.1 — SD Code / Title 12 / Chapter 4 / Section 12-4-19.1
Address verification request undeliverable--Confirmation mailing notice--Contents
Status: in_force

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) Lists the voter's information, as it appears in the master registration file; and

(3) Provides the following instructions:

(a) If the information on the letter or card is correct, the voter must sign and return the letter or card within thirty days of the date of the postmark on the letter or card, or the voter's registration will become inactive;

(b) If the information on the letter or card is not correct, the voter must send the correct information to update the voter's registration, within thirty days of the date of the postmark on the letter or card, or the voter's registration will become inactive; and

(c) If the letter or card is returned indicating a new address in another county in South Dakota or another state, the card serves as a cancellation authorization.

Source: SL 1975, ch 120, § 2; SL 1994, ch 107, § 21; SL 2005, ch 89, § 4; SL 2026, ch 65, § 1, eff. Dec. 1, 2026.The confirmation mailing notice shall be a double postcard stating that the voter's registration may be canceled if the card is not returned. In addition, the card shall state that if the information on the return card is correct, the voter must sign and return the card within thirty days or the voter's registration will become inactive. The card shall also state that if the information on the return card is not correct, the voter shall send the correct information to update the voter's registration or the voter's registration will become inactive. If the card is returned indicating a new address in another county in South Dakota or another state, the card shall serve as a cancellation authorization. The card shall also give information on reregistering if the voter has moved to another county or state. The card shall give the information about the voter as it appears in the registration records.

Source: SL 1975, ch 120, § 2; SL 1994, ch 107, § 21; SL 2005, ch 89, § 4.
S.D. Codified Laws § 12-21-59 — SD Code / Title 12 / Chapter 21 / Section 12-21-59
Judgment on certiorari
Status: in_force

The judgment rendered by the court shall be such as the court deems required by the law as applied to the facts disclosed by the record presented, and shall pronounce what the court deems the correct result of the election involved as shown by the record.

Source: SDC 1939, § 16.1828.
S.D. Codified Laws § 12-26-31 — SD Code / Title 12 / Chapter 26 / Section 12-26-31
Offender as witness against another--Compelling testimony--Immunity from prosecution
Status: in_force

A person offending against any provision of this title is a competent witness against another person so offending, and may be compelled to attend and testify upon any trial, hearing, proceeding, or investigation, in the same manner as any other person. But the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying, and he shall not thereafter be liable to prosecution or punishment for the offense with reference to which his testimony was given.

Source: SL 1891, ch 58, § 6; RPenC 1903, § 63; RC 1919, § 3654; SDC 1939, § 13.0904; SL 1939, ch 240, § 3; SDC Supp 1960, § 13.0930; SL 1974, ch 118, § 199.
S.D. Codified Laws § 12-24A-4 — SD Code / Title 12 / Chapter 24A / Section 12-24A-4
Vacancy of presidential elector--Causes--Resignation
Status: in_force

The office of presidential elector becomes vacant if the elector:

(1) Dies;

(2) Resigns;

(3) Fails to qualify, as provided by law;

(4) Fails to appear at the designated time and place of the meeting;

(5) Refuses to vote;

(6) Attempts to cast a blank ballot; or

(7) Except as provided for in § 12-24A-8 , attempts to vote for any candidate other than the candidate whose slate of electors received the highest number of votes in the state's general election.

If a presidential elector casts a ballot that results in the office of elector becoming vacant, the ballot may not be accepted or counted. An elector may resign the office of presidential elector by submitting a letter of resignation to the secretary of state.

Source: SL 2026, ch 74, § 7.
S.D. Codified Laws § 12-15-2 — SD Code / Title 12 / Chapter 15 / Section 12-15-2
Precinct superintendent and deputy to be registered voters and residents of precinct--Vacancy on precinct election board
Status: in_force

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 election board who meet the requirements under § 12-15-3 by the time prescribed in § 12-15-1 , a vacancy may be filled by appointing any registered voter of the county in which the precinct is located.

Source: SDC 1939, § 16.1002; SL 1939, ch 79; SL 1976, ch 105, § 33; SL 1984, ch 108, § 1; SL 1993, ch 112, § 2; SL 1999, ch 69, § 4; SL 2019, ch 75, § 3.
S.D. Codified Laws § 12-4-18 — SD Code / Title 12 / Chapter 4 / Section 12-4-18
Persons declared mentally incompetent, deceased, or serving sentence for felony conviction--Removed from registration records--Promulgation of rules--Certification
Status: in_force

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 the county auditor of the county in which the person declared incompetent resides.

The county auditor shall remove from the master registration list:

(1) The names of persons identified as mentally incompetent in accordance with the information provided pursuant to this section;

(2) The names of those sentenced to imprisonment in the federal penitentiary system; and

(3) The names published in an obituary.

The county auditor shall match voter registration records maintained in or transmitted to the statewide voter registration file with the death records maintained as vital statistics records by the Department of Health, the social security death index, the Social Security Administration master death file, and the records of felony convictions maintained by the Unified Judicial System each month. Any voter identified as deceased, as mentally incompetent, or who is serving a sentence for a felony conviction must be removed from the voter registration records.

The State Board of Elections shall promulgate rules, pursuant to chapter 1-26 , determining how voter registration records are matched.

Prior to providing a registration list to precincts, as prescribed in § 12-4-10 , the county auditor must certify with the secretary of state that all individuals required to be removed from the master registration list have been removed based on the information available to the county auditor at the time the certification is submitted. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26 , prescribing the form to certify the accuracy of the master registration list.

Source: SL 1961, ch 92, § 12; SL 1965, ch 93; SL 1972, ch 76, § 5; SL 1974, ch 118, § 20; SL 1978, ch 95, § 1; SL 1980, ch 110; SL 1982, ch 125; SL 1992, ch 108; SL 1993, ch 110, § 4; SL 1999, ch 71, § 1; SL 2001, ch 64, § 1; SL 2002, ch 72, § 1; SL 2003, ch 83, § 15, eff. Jan. 1, 2004; SL 2012, ch 82, § 1; SL 2023, ch 44, § 11.
S.D. Codified Laws § 12-20-37 — SD Code / Title 12 / Chapter 20 / Section 12-20-37
Secretary of state to provide guidance and direction in making returns
Status: in_force

The secretary of state shall provide for the guidance and direction of the county auditor in making the returns according to law.

Source: SDC 1939, § 16.1722; SL 1974, ch 118, § 167; SL 1981, ch 126, § 2; SL 2003, ch 84, § 2; SL 2012, ch 81, § 4.
S.D. Codified Laws § 12-27-38 — SD Code / Title 12 / Chapter 27 / Section 12-27-38
Candidate may not be certified or to forfeit office for felony violation
Status: in_force

If any candidate is proved in a contest of an election to have violated any provision of this chapter punishable by a felony, the candidate may not be certified for election or the candidate shall forfeit his or her office. The office shall be declared vacant and shall be filled in the manner provided by law for filling vacancies occasioned by death or resignation.

Source: SL 2007, ch 80, § 38; SL 2018, ch 84, § 11.
S.D. Codified Laws § 12-4-4.12 — SD Code / Title 12 / Chapter 4 / Section 12-4-4.12
Registration of voter under Uniformed and Overseas Citizens Absentee Voting Act
Status: in_force

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, eff. Feb. 19, 2014; SL 2023, ch 44, § 4.
S.D. Codified Laws § 12-27-10.4 — SD Code / Title 12 / Chapter 27 / Section 12-27-10.4
Affiliated entities sharing single contribution limit
Status: in_force

All political action committees established, financed, maintained, or controlled by the same person or entity, including any parent, subsidiary, branch, division, department, or local unit of the person or entity, are affiliated and share a single contribution limit under § 12-27-9 , both with respect to contributions made and contributions received.

Source: SL 2018, ch 86, § 1, eff. Jan. 1, 2019; SL 2019, ch 78, § 1.
S.D. Codified Laws § 12-5-2 — SD Code / Title 12 / Chapter 5 / Section 12-5-2
Precinct officials elected at primary
Status: in_force

Each political party may elect precinct committeemen and precinct committeewomen at each primary election. If a party chooses to elect precinct committeemen and committeewomen at the primary election pursuant to §§ 12-5-4 to 12-5-13 , inclusive, the party shall provide for such election in the party's constitution or bylaws.

Source: SDC 1939, § 16.0209; SL 1941, ch 76; SL 1963, ch 107, § 1; SL 1974, ch 118, § 29; SL 1975, ch 119, § 21; SL 1982, ch 28, § 42; SL 1986, ch 115, § 3; SL 1997, ch 75, § 3; SL 2007, ch 74, § 4.
S.D. Codified Laws § 12-1-6 — SD Code / Title 12 / Chapter 1 / Section 12-1-6
Per diem and expenses
Status: in_force

The per diem and expenses of the board shall be established by the Executive Board of the Legislative Research Council unless otherwise provided by law.

Source: SL 1974, ch 117, § 2.
S.D. Codified Laws § 12-9-21 — SD Code / Title 12 / Chapter 9 / Section 12-9-21
Certain personally identifiable information of judicial officers excluded from public record
Status: in_force

Any personally identifiable information filed pursuant to this chapter with the Office of the Secretary of State by or on behalf of any candidate for the office of judge of the circuit court or a justice of the Supreme Court subject to a retention election is not open to public inspection. For purposes of this section, the term, personally identifiable information, means any home address, home or personal telephone number, or personal email address. The county of residence of the candidate for the office of judge or justice subject to a retention election is a public record.

Source: SL 2022, ch 11, § 5, eff. Feb. 14, 2022.
S.D. Codified Laws § 12-4-4.8 — SD Code / Title 12 / Chapter 4 / Section 12-4-4.8
Promulgation of rules by state board
Status: in_force

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.
S.D. Codified Laws § 12-16-28 — SD Code / Title 12 / Chapter 16 / Section 12-16-28
Pollbooks--Voter registration lists
Status: in_force

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 § 12-18-5 . If any jurisdiction uses electronic pollbooks, but does not use vote centers, the person in charge of the election shall provide a printed paper voter registration list and a printed and bound paper pollbook to each precinct prior to the opening of the polls.

Source: PolC 1877, ch 27, § 46; CL 1887, § 1485; RPolC 1903, § 1895; RC 1919, § 7244; SL 1931, ch 143, § 2; SDC 1939, § 16.1108; SL 1974, ch 118, § 85; SL 1993, ch 113, § 1; SL 2019, ch 75, § 2.
S.D. Codified Laws § 12-11-4 — SD Code / Title 12 / Chapter 11 / Section 12-11-4
Temporary appointment by Governor to fill vacancy in United States Senate
Status: in_force

Pursuant to the Seventeenth Amendment to the Constitution of the United States of America, the Governor may fill by temporary appointment, until a special election is held pursuant to this chapter, vacancies in the office of senator in the Senate of the United States.

Source: SL 1979, ch 99, § 1.
S.D. Codified Laws § 12-18-4.1 — SD Code / Title 12 / Chapter 18 / Section 12-18-4.1
Preparation for voting--Test ballots--Custody of key activating system
Status: in_force

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 clearly marked with words, Test Ballot. If the system does not properly mark the test ballots, the precinct superintendent shall work on the system until a successful test is conducted. The precinct superintendent shall maintain custody of the key to activate the system at all times.

Source: SL 2006, ch 70, § 4.
S.D. Codified Laws § 12-3-10 — SD Code / Title 12 / Chapter 3 / Section 12-3-10
Linguistic assistance to Indians provided by counties
Status: in_force

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 registration, voting and instruction.

Source: SL 1976, ch 104, § 4.
S.D. Codified Laws § 12-13-2 — SD Code / Title 12 / Chapter 13 / Section 12-13-2
Measures and questions to be sent to official newspapers
Status: in_force

The county auditor shall, on or before the first day of October of each year in which there is a general election, send by electronic transmission or mail to each official newspaper of the county a copy of all measures and questions as certified pursuant to § 12-13-1 .

Source: SL 1913, ch 107, § 4; RC 1919, § 7219; SDC 1939, § 16.1305; SL 1957, ch 86; SL 1963, ch 114; SL 1974, ch 118, § 52; SL 1979, ch 100, § 2; SL 1982, ch 28, § 44; SL 2012, ch 18, § 8.
S.D. Codified Laws § 12-20-38.1 — SD Code / Title 12 / Chapter 20 / Section 12-20-38.1
Certified copy of official county canvass furnished to secretary of state--Permanent record
Status: in_force

The county auditor shall immediately transmit by mail, fax, or electronic means to the secretary of state a certified copy of the official county canvass of votes prepared pursuant to § 12-20-38 which shall be used for the official state canvass. The certified copy shall bear a visible county seal. If the copy is faxed or sent by electronic means, the original certified copy shall also be mailed or hand delivered to the secretary of state. The certified copies shall be microfilmed to become permanent records of the State of South Dakota and be kept by the secretary of state.

Source: SDC 1939, §§ 16.0232, 16.1713; SDCL, §§ 12-6-47, 12-20-41 ; SL 1968, ch 143, § 2; SL 1971, ch 94; SL 1974, ch 118, § 169; SL 1981, ch 126, § 4; SL 2003, ch 84, § 3.
S.D. Codified Laws § 12-21-13 — SD Code / Title 12 / Chapter 21 / Section 12-21-13
Computation of total vote where two or more candidates elected to same office
Status: in_force

When in any election a voter may vote for two or more candidates for the same office, such as members of the Legislature, the total vote cast for all candidates for such office shall for the purposes of §§ 12-21-10 to 12-21-12 , inclusive, be deemed to be two times the average number of votes cast for the candidates officially declared nominated or elected as shown by the official returns.

Source: SDC 1939, § 16.1805.
S.D. Codified Laws § 12-1-4 — SD Code / Title 12 / Chapter 1 / Section 12-1-4
Resident defined--Intention
Status: in_force

For the purposes of this title, "resident" means an individual who maintains an actual fixed permanent dwelling, establishment, or any other abode where the individual lives and usually sleeps, for at least thirty consecutive days. An individual who is a resident of this state remains a resident during an absence from this state, if the individual intends to return to this state after a period of absence. An individual may only be a resident of one place.

If an individual who is a resident of a county of this state, goes into another county of this state or another state or territory for a temporary purpose, the individual remains a resident of the county.

An individual is a resident of the county or municipality of this state in which the individual actually lives, if the individual has no present intention of leaving.

An individual remains a resident of this state until the individual becomes a resident of another state or territory. If an individual moves from this state to another state or territory with the intention of becoming a resident of that state or territory for any purpose, the individual is no longer a resident of this state.

Source: SL 1973, ch 67, § 1; SL 1992, ch 60, § 2; SL 2003, ch 80, § 1; SL 2004, ch 105, § 1; SL 2023, ch 42, § 1; SL 2025, ch 57, § 1; SL 2025, ch 58, § 1, eff. Jan. 1, 2026.
S.D. Codified Laws § 12-27-29 — SD Code / Title 12 / Chapter 27 / Section 12-27-29
Political committee treasurer--Records to be kept--Period--Penalty
Status: in_force

The treasurer of a political committee shall maintain and preserve detailed and accurate records of the following:

(1) Each contribution received by the political committee. Any contribution of one hundred dollars or less must be noted on the political committee's books and a running total of each contributor must be maintained;

(2) Each donated good or service contribution received by the political committee. Upon request of the treasurer, any person making a donated good or service contribution must provide all necessary information to the treasurer, including the value of the contribution;

(3) In the case of a ballot question committee, the information required by § 12-27-19 for any entity contribution;

(4) Each loan received or made by the political committee;

(5) The outstanding balance of each loan received by the political committee;

(6) Each refund, rebate, interest, or other income received by the political committee;

(7) All receipts, invoices, bills, canceled checks, or other proofs of payment, with an explanation of each, for each expenditure; and

(8) The name and address of any financial institution where an account or depository for the political committee is maintained including the account number.

The treasurer shall maintain and preserve the records for a period of seven years or three years past the date of filing the termination statement for the election for which the contribution or expenditure was made, whichever is earlier. A violation of this section is a Class 2 misdemeanor. Any subsequent offense within a calendar year is a Class 1 misdemeanor.

Source: SL 2007, ch 80, § 29; SL 2017, ch 71, § 31; SL 2018, ch 84, § 9; SL 2025, ch 71, § 2.
S.D. Codified Laws § 12-6-5 — SD Code / Title 12 / Chapter 6 / Section 12-6-5
Form of nominating petition prescribed by state board
Status: in_force

The form of the nominating petition shall be prescribed by the State Board of Elections.

Source: SL 1929, ch 118, § 5; SDC 1939, § 16.0210; SL 1939, ch 75; SL 1957, ch 83, § 1; SL 1961, ch 93, § 1; SL 1976, ch 105, § 15.
S.D. Codified Laws § 12-17B-24 — SD Code / Title 12 / Chapter 17B / Section 12-17B-24
Post-election audit not required with particular recounts
Status: in_force

If a recount of any contest is conducted in a county, the county auditor is not required to conduct a post-election audit pursuant to § 12-17B-18 .

Source: SL 2023, ch 50, § 7.
S.D. Codified Laws § 12-13-25.1 — SD Code / Title 12 / Chapter 13 / Section 12-13-25.1
Petition-initiated measure or constitutional amendment--Attorney general's statement--Contents--Process--Ballot language
Status: in_force

Following receipt of the written comments of the director of the Legislative Research Council, the sponsors shall submit a copy of the proposed initiated measure or initiated amendment to the South Dakota Constitution in final form to the attorney general, the secretary of state, and the director of the Legislative Research Council.

The attorney general shall prepare a draft statement that consists of:

(1) The title, which is a concise statement of the subject of the proposed measure or amendment to the constitution;

(2) A disclosure indicating that the measure or amendment to the constitution was proposed by a citizen-initiated petition; and

(3) An objective, clear, and simple explanation that:

(a) Educates the voters on the purpose and effect of the proposed measure or amendment to the constitution; and

(b) Describes the legal consequences of the proposed measure or amendment to the constitution, including any likely exposure of the state to liability as the result of the proposed measure or amendment to the constitution.

The explanation may not exceed two hundred words in length.

The attorney general shall file the draft statement with the secretary of state, post the draft statement on the attorney general's website, and release a press release announcing a draft statement has been posted for comment within sixty days of receipt of the proposed measure or amendment to the constitution. The attorney general shall accept comments for ten days from the date the draft statement was filed. The attorney general shall review all comments submitted and revise the statement in response to the comments as deemed necessary.

Once the comment period has expired and any revisions have been completed, the attorney general shall file the final statement with the secretary of state and shall provide a copy to the sponsors within twenty days of the filing of the draft statement.

If the signatures on a petition for a proposed initiated measure or initiated amendment to the constitution are filed pursuant to § 2-1-1.1 or 2-1-1.2 , the attorney general must deliver a recitation to the secretary of state before the third Tuesday in May. The recitation for an initiated amendment to the constitution must state "Vote 'Yes' to adopt the amendment" and "Vote 'No' to leave the Constitution as it is". The recitation for an initiated measure must state "Vote 'Yes' to adopt the initiated measure" and "Vote 'No' to leave South Dakota law as it is".

On the printed ballots, the title of the proposed initiated measure or initiated amendment to the constitution must be followed by the disclosure, the attorney general's explanation, the most recent fiscal note prepared pursuant to § 2-9-30 or 2-9-30.2 , and the recitation. The title, disclosure, explanation, fiscal note, and recitation must be printed on the ballot in the order provided by this section.

Source: SL 2009, ch 64, § 2, eff. July 1, 2010; SL 2013, ch 101, § 75; SL 2016, ch 24, § 3; SL 2017, ch 16, § 6; SL 2018, ch 77, § 4; SL 2018, ch 80, § 1; SL 2021, ch 65, § 1, eff. Nov. 1, 2021; SL 2025, ch 21, § 4; SL 2026, ch 70, § 2.
S.D. Codified Laws § 12-26-23.1 — SD Code / Title 12 / Chapter 26 / Section 12-26-23.1
Tampering with automatic ballot counting devices, direct recording electronic voting machines, and electronic ballot marking systems as felony
Status: in_force

No person may intentionally program or alter an automatic ballot counting device, direct recording electronic voting machine, or electronic ballot marking system to erroneously mark, record, or count voted ballots or to render an erroneous total. A violation of this section is a Class 5 felony.

Source: SL 1989, ch 136; SL 2005, ch 92, § 10.
S.D. Codified Laws § 12-26-33 — SD Code / Title 12 / Chapter 26 / Section 12-26-33
Deepfake--Use in election--Penalty
Status: in_force

No person, with the intent to injure a candidate, may disseminate a deepfake or enter into a contract or other agreement to disseminate a deepfake, within ninety days of an election, if the person knows or reasonably should know the item being disseminated is a deepfake and does not include with the deepfake the disclosure described in § 12-26-37 .

A violation of this section is a Class 1 misdemeanor.

Source: SL 2025, ch 68, § 2.
S.D. Codified Laws § 12-11-6 — SD Code / Title 12 / Chapter 11 / Section 12-11-6
No special election if appointed senator's term expires at normal time
Status: in_force

No special election, to fill a vacancy, may be held if the term of office of the appointed senator expires in the month of January immediately following the next general election that would occur after the vacancy.

Source: SL 1979, ch 99, § 3.
S.D. Codified Laws § 12-21-42 — SD Code / Title 12 / Chapter 21 / Section 12-21-42
Original determination on submitted question superseded by determination after recount
Status: in_force

The determination, as provided in this chapter, of a corrected and changed result upon a recount as to any referred or submitted question shall have the effect of superseding and rendering null and void the result as found upon the original canvass.

Source: SDC 1939, § 16.1816.
S.D. Codified Laws § 12-1-12 — SD Code / Title 12 / Chapter 1 / Section 12-1-12
Political party office prohibited in county courthouse
Status: in_force

No political party may maintain an office in a county courthouse.

Source: SL 1991, ch 118; SL 2005, ch 93, § 4.
S.D. Codified Laws § 12-1-37 — SD Code / Title 12 / Chapter 1 / Section 12-1-37
Certification of sufficient or insufficient number of signatures based on random sampling
Status: in_force

If the random sample required by § 12-1-36 indicates that a sufficient number of qualified electors have signed the nominating petition for statewide office, the secretary of state shall certify that the nominating petition for statewide office has been signed by the required number of qualified electors and shall place the candidate's name on the next primary or general election ballot, as the case may be.

If the random sample indicates that an insufficient number of qualified electors have signed the nominating petition for statewide office, the secretary of state shall certify that the nominating petition for statewide office has not been signed by the required number of qualified electors and may not place the candidate's name on the next primary or general election ballot, as the case may be.

The secretary of state shall, within five days of certifying, notify the candidate of the secretary of state's action pursuant to this section.

Source: SL 2015, ch 75, § 3.
S.D. Codified Laws § 12-18-1.1 — SD Code / Title 12 / Chapter 18 / Section 12-18-1.1
Verification of blank ballots received
Status: in_force

Before the opening of the polls the members of the precinct election board shall count and verify against the receipt given the ballots delivered to the precinct for the purposes of the election.

Source: SL 1974, ch 118, § 104; SL 1999, ch 69, § 22.
S.D. Codified Laws § 12-11-3 — SD Code / Title 12 / Chapter 11 / Section 12-11-3
Filing of nominations--Certification--Conduct of elections
Status: in_force

Each party nomination and independent petition shall be filed with the secretary of state not less than forty-five days preceding any election which is not combined with a primary or general election. If the election is conducted with a primary election, each party nomination and independent petition shall be filed by the last Tuesday in March. Each nomination shall be certified in a like manner as any other nomination for the purpose of a general election. The election shall be conducted, canvassed, and the results certified as in a general election. If the election is conducted with a general election, each party nomination and independent petition shall be filed by the second Tuesday in August.

Source: SL 1890, ch 84, § 23; RPolC 1903, § 1959; RC 1919, § 7311; SDC 1939, § 16.1404; SL 1974, ch 118, § 48; SL 1979, ch 99, § 7; SL 2004, ch 107, § 1, eff. Feb. 25, 2004; SL 2007, ch 81, § 12; SL 2015, ch 77, § 3 rejected Nov. 8, 2016.
S.D. Codified Laws § 12-4-35 — SD Code / Title 12 / Chapter 4 / Section 12-4-35
Rules for the National Voter Registration Act
Status: in_force

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.
S.D. Codified Laws § 12-21-33 — SD Code / Title 12 / Chapter 21 / Section 12-21-33
Sealing and certification of disputed ballots
Status: in_force

Disputed ballots shall be securely sealed in a separate envelope for each precinct. The county recount board shall also make a separate and distinct certificate, signed by at least two members of such board and attested by the county auditor under seal, setting forth the number of such disputed ballots as to each precinct, and adequately identifying the envelope in which the same are sealed.

Source: SDC 1939, § 16.1812; SL 1974, ch 118, § 184.
S.D. Codified Laws § 12-19-10 — SD Code / Title 12 / Chapter 19 / Section 12-19-10
Preservation and delivery of ballot to superintendent or board--List of voters--Comparison of statement and application--Deposit in ballot box--Unopened ballots--Unauthorized examination, communication, or record--Penalty
Status: in_force

Upon receipt of the sealed return envelope containing the voted ballots, the person in charge of the election or their designee shall mark the date of receipt on the envelope. The person in charge of the election shall keep the absentee ballot in a safe place without opening the envelope or breaking the seal thereof, and shall deliver it to the superintendent of the voter's home precinct, or to the absentee ballot counting board as provided in § 12-19-42 . The person in charge of the election shall have the absentee ballots delivered with the election supplies, or if received later, then prior to the close of the polls.

If the person in charge of the election creates an absentee ballot precinct, pursuant to § 12-19-37 , the person in charge of the election must deliver to the superintendent of each precinct, the list containing the names of each voter who voted by absentee ballot along with the election supplies. On election day, the person in charge of the election shall forward to a precinct superintendent any updates to the list of voters who voted by absentee ballot upon receipt of an absentee ballot.

If the precinct election board is not otherwise engaged in official duties, or if there are absentee ballots not processed when the polls close, immediately thereafter, the board must carefully compare the statement on the reverse side of the official return envelope with the written application received from the officer in charge of the election without opening or breaking the seal of the return envelope. The board shall omit the comparison of the statement and the application if the ballot is contained in a combined absentee ballot application form and return envelope.

The precinct election board or the precinct counting board shall enter the voter's name in the election pollbook and mark the registration list whether:

(1) The ballot received was voted by the voter whose name appears on the statement;

(2) The voter is registered in the precinct and has not previously voted in that precinct at the election; and

(3) The written application and statement were both signed by the voter.

The board shall then open the envelope without opening, unfolding, or examining the ballots the envelope may contain; stamp the ballots with the official stamp; and deposit the ballots with the other ballots cast at the election. If the board determines that an absentee ballot envelope cannot be opened because the envelope does not meet the requirements for opening, the reason for not opening the envelope must be written on the envelope, accompanied by the signature of a member of the board, and the envelope must be placed in a larger envelope for unopened absentee ballots.

It is a Class 2 misdemeanor for an individual, prior to the counting of the votes, to open, unfold, or examine any ballot, or make any communication to any other individual concerning the markings or contents of the ballot, or to create any record associating an individual voter with a ballot.

Source: SL 1913, ch 200, § 3; RC 1919, § 7228; SL 1925, ch 159, § 3; SL 1929, ch 114, § 2; SDC 1939, § 16.0608; SL 1941, ch 80; SL 1944 (SS), ch 2, § 7; SL 1953, ch 75, § 5; SL 1957, ch 85, § 6; SDC Supp 1960, § 16.0616; SL 1963, ch 110, §§ 3, 4; SDCL § 12-19-31; SL 1970, ch 91, § 2; SL 1972, ch 90, § 4; SL 1974, ch 118, § 140; SL 1976, ch 105, § 67; SL 1982, ch 86, § 87; SL 1992, ch 115, § 7; SL 1993, ch 118, § 17; SL 2006, ch 72, § 6; SL 2010, ch 74, § 15; SL 2023, ch 51, § 12; SL 2026, ch 73, § 1, eff. Mar. 26, 2026.
S.D. Codified Laws § 12-27-51 — SD Code / Title 12 / Chapter 27 / Section 12-27-51
Period to cure campaign finance violation
Status: in_force

Prior to bringing a charge against any person who is subject to a Class 2 misdemeanor under this chapter, the agent of the state who is bringing the charge shall provide the person with a period, not in excess of seven days, during which the person may cure the violation.

Source: SL 2019, ch 80, § 1.
S.D. Codified Laws § 12-22-23 — SD Code / Title 12 / Chapter 22 / Section 12-22-23
Conflicting circuit court decisions on same submitted question--Appeal determinative--Direction to attorney general to prosecute appeal
Status: in_force

In any instances where two or more such contests involve the same submitted or referred question, and where judgments are rendered by different circuit courts with conflicting results, and an appeal is taken in any such case, the appeal shall be determinative of any other such case in which no such appeal is taken, and in case no appeal is taken in any such case, where the determinations in circuit courts are conflicting, within the time provided by law, the time for appeal shall be deemed extended in all of such cases, and the Supreme Court may, at any time, direct that the attorney general prosecute an appeal in some one of such cases.

Source: SDC 1939, § 16.1913.
S.D. Codified Laws § 12-6-51.3 — SD Code / Title 12 / Chapter 6 / Section 12-6-51.3
Certification of runoff candidates
Status: in_force

Within twenty-four hours after the completion of the canvass, the secretary of state shall certify runoff candidates, listed in the order determined by a drawing of names, to all county auditors.

Source: SL 1985, ch 110, § 1F; SL 1999, ch 72, § 2; SL 2008, ch 34, § 9.
S.D. Codified Laws § 12-1-31 — SD Code / Title 12 / Chapter 1 / Section 12-1-31
Invalid candidacy on nominating petition--Vacancy after primary election
Status: in_force

If any state court finds that a declaration of candidacy on a nominating petition is not valid, the candidacy shall be invalidated as of the date of filing. If the invalidation creates a vacancy which continues to exist after a primary election, the vacancy may be filled as provided in §§ 12-6-56 and 12-6-57 .

Source: SL 2008, ch 34, § 6.
S.D. Codified Laws § 12-15-14 — SD Code / Title 12 / Chapter 15 / Section 12-15-14
Counting boards in large paper ballot precincts--Duties
Status: in_force

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 whom shall be superintendent, who shall count the ballots cast in the general election under the direction of the superintendent of the counting board.

Source: SL 1963, ch 117, §§ 1, 2; SDCL, § 12-15-15 ; SL 1970, ch 90; SL 1972, ch 86; SL 1974, ch 118, § 68; SL 1975, ch 119, § 7; SL 1976, ch 105, § 40; SL 1993, ch 118, § 8; SL 1999, ch 69, § 12.
S.D. Codified Laws § 12-27-22.2 — SD Code / Title 12 / Chapter 27 / Section 12-27-22.2
Reports only include contributions and expenditures related to this state
Status: in_force

If a political committee treasurer is required to file a report with the secretary of state, the report may only include contributions and expenditures related to this state.

Source: SL 2017, ch 71, § 25.
S.D. Codified Laws § 12-22-19 — SD Code / Title 12 / Chapter 22 / Section 12-22-19
Official returns or recount conclusive as to accuracy of count--Other issues determined in contest
Status: in_force

In such proceeding the accuracy of the count of the ballots as established by the official returns or as corrected by a recount, if a recount has been had under chapter 12-21 , or as ultimately determined upon certiorari proceedings if such certiorari proceedings have been had, shall be accepted as conclusive, the intent hereof being that the remedies provided by chapter 12-21 for determination of the accuracy of the count shall be deemed exclusive as to such accuracy. There may, however, be determined in such contest all other questions relevant or material to the ultimate question of whether the official determination of the result of the election is correct.

Source: SDC 1939, § 16.1911.
S.D. Codified Laws § 12-16-41 — SD Code / Title 12 / Chapter 16 / Section 12-16-41
Tally lists govern over certificate
Status: in_force

In any case in which the certificate of the members of the precinct election board as to the number of votes cast for any candidate or in favor of or against any question submitted to the voters may not agree with the votes as shown by the tally list, the canvassing board to which the returns are made shall take as correct the number of votes shown by the tally list rather than the certificate.

Source: SDC 1939, § 16.1109; SL 1961, ch 101, § 1; SL 1974, ch 118, § 88; SL 1999, ch 69, § 20.
S.D. Codified Laws § 12-20-1.1 — SD Code / Title 12 / Chapter 20 / Section 12-20-1.1
National voter--Ballot counting
Status: in_force

The ballot of a federal voter, as defined in § 12-4-1.3 , must be counted with the resident voter ballots of the precinct where the federal voter is registered, or in an absentee precinct.

Source: SL 2025, ch 58, § 3, eff. Jan. 1, 2026.
S.D. Codified Laws § 12-18-39 — SD Code / Title 12 / Chapter 18 / Section 12-18-39
Provisional ballot--Eligibility
Status: in_force

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 shall be called a provisional ballot. A member of the precinct election board shall notify any person who is denied the ability to vote that the person may cast a provisional ballot.

Source: SL 2003, ch 83, § 1.
S.D. Codified Laws § 12-27-29.3 — SD Code / Title 12 / Chapter 27 / Section 12-27-29.3
Prohibition of certification as candidate for failure to pay penalties or file required documents
Status: in_force

No candidate who is listed on a statement of organization for a candidate campaign committee pursuant to §§ 12-27-3 and 12-27-6 may be certified as a candidate for office unless the treasurer of the candidate campaign committee for which the candidate is listed has:

(1) Filed all statements, documents, and information required under this title; or

(2) Paid each civil penalty assessed pursuant to § 12-27-29.1 , or any other penalty imposed pursuant to this chapter against the candidate or the treasurer.

Source: SL 2013, ch 68, § 1; SL 2017, ch 71, § 34.
S.D. Codified Laws § 12-18-13 — SD Code / Title 12 / Chapter 18 / Section 12-18-13
Use of unauthorized ballot prohibited
Status: in_force

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 1974, ch 118, § 118; SL 1999, ch 69, § 32.
S.D. Codified Laws § 12-17B-11 — SD Code / Title 12 / Chapter 17B / Section 12-17B-11
Equal party representation amongst persons employed to receive, process or tabulate ballots--Submission of employee list--Oath required
Status: in_force

Except for any specially trained technicians representing the equipment vendor and required for the operation of the automatic tabulating equipment, there shall be equal representation from each political party having a candidate on the ballot and whose candidate on the county-wide ballot at the last general election received at least fifteen percent of the votes amongst those employed or authorized to receive, process, or tabulate the ballots. The proposed list of employees shall be submitted to each county party chairperson at least thirty days prior to the election. Each person shall, prior to discharging any duties, take and subscribe to an oath as prescribed by the State Board of Elections.

Source: SL 1994, ch 110, § 15; SL 2007, ch 75, § 3.
S.D. Codified Laws § 12-1-36 — SD Code / Title 12 / Chapter 1 / Section 12-1-36
Verification of signatures on nominating petitions by random sampling
Status: in_force

The secretary of state shall verify the signatures received pursuant to § 12-1-35 by random sampling. The random sample of signatures to be verified shall be drawn so that each signature received by the secretary of state is given an equal opportunity to be included in the sample. The secretary of state shall calculate the number of valid signatures by multiplying the total number of signatures received by the percentage of successfully verified signatures from the random sample. The secretary of state shall promulgate rules, pursuant to chapter 1-26 , establishing the methodology for conducting the random sample. The random sampling shall be an examination of the signatures received consisting of a number of signatures that is statistically correlative to not less than ninety-five percent level of confidence with a margin of error equal to not more than three and sixty-two one-hundredths percent.

Source: SL 2015, ch 75, § 2; SL 2017, ch 12, § 8.
S.D. Codified Laws § 12-14-14 — SD Code / Title 12 / Chapter 14 / Section 12-14-14
Sign to identify polling place on election day
Status: in_force

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.
S.D. Codified Laws § 12-21-20 — SD Code / Title 12 / Chapter 21 / Section 12-21-20
Notice to circuit judge of recount petition--Appointment and convening of recount board
Status: in_force

The county auditor, immediately on the due filing of any petition for a recount or upon receipt from the secretary of state of notice of the filing with the secretary of state, shall notify in writing, with the seal of the auditor's office, the presiding judge of the circuit court for the auditor's county. The presiding judge shall appoint a board, pursuant to § 12-21-2 , for each county in the circuit in which a recount is to be conducted. The presiding judge may appoint the board anytime within thirty days prior to a primary or general election or upon the filing of the petition for recount. Except as provided in § 12-21-11 , the board shall convene in the office of the county auditor on:

(1) The second Monday following the filing of the petition at nine a.m.;

(2) The second Tuesday following the filing of the petition at nine a.m., if the second Monday is a legal holiday; or

(3) A date selected by the presiding judge when necessary to avoid undue conflict with the electoral process and ensure the timely facilitation of a recount. The date selected by the presiding judge must provide the opportunity for recount witnesses as required by § 12-21-26 .

The county auditor shall provide the recount board with laws, rules, and forms to use in conducting the recount. The board shall then proceed with the recount.

Source: SDC 1939, § 16.1809; SL 1967, ch 75; SL 1968, ch 143, § 8; SL 1974, ch 118, § 177; SL 1983, ch 118; SL 1989, ch 133; SL 2000, ch 73, § 3; SL 2002, ch 77, § 2; SL 2023, ch 53, § 1.
S.D. Codified Laws § 12-17B-1 — SD Code / Title 12 / Chapter 17B / Section 12-17B-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Automatic tabulating equipment," the apparatus necessary to automatically examine and count votes as designated on ballots or entered directly into a computer by means of a touch screen or other data entry device and data processing machines which can be used for counting these votes and tabulating results;

(2) "Ballot," paper ballots containing the names of candidates and statements of measures to be voted on;

(3) "Counting location," any location selected by the person in charge of the election for the counting of votes cast in an election. A counting location shall be within the territorial jurisdiction of such person unless there is no suitable tabulating equipment available within the jurisdiction. However, in any event, all counting locations shall be within this state;

(4) "Electronic ballot marking system," any electronic device which marks votes on a ballot;

(5) "Optical scan," a procedure in which votes are tabulated by means of examining marks made in voting response locations on the ballots with an optical mark reader (OMR);

(6) "Resolution board," a board at an automatic tabulating location comprised of a representative from each political party having a candidate on the ballot and whose candidate on the county-wide ballot at the last general election received at least fifteen percent of the votes. The county auditor may request additional board members balanced evenly by party. If the resolution board consists of more than one member from each party, the party shall designate which member of the party shall serve as co-leader of the resolution board. The co-leaders shall ensure that each board member is conducting resolution board duties uniformly and in accordance with applicable statutes and administrative rules. The board shall determine the disposition of those ballots which cannot be properly counted by the tabulating equipment and observe the activities at the counting location on behalf of the board member's respective party affiliation. In strictly nonpartisan elections, the resolution board shall be comprised of two persons who are not employees of the jurisdiction conducting the election and shall be appointed by the person in charge of the election.

Source: SL 1994, ch 110, § 5; SL 2002, ch 75, § 1; SL 2005, ch 92, § 2; SL 2008, ch 34, § 12; SL 2018, ch 81, § 1, eff. Feb. 5, 2018.
S.D. Codified Laws § 12-1-27 — SD Code / Title 12 / Chapter 1 / Section 12-1-27
Adjournment or postponement of hearing--Failure of party to appear
Status: in_force

Unless otherwise provided by an agreement, the arbitrator may adjourn the hearing from time to time as necessary and at the request of a party and for good cause. The arbitrator may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear.

Source: SL 2003, ch 83, § 22; SDCL, § 12-4-48 .
S.D. Codified Laws § 12-21-14 — SD Code / Title 12 / Chapter 21 / Section 12-21-14
Voters' recount petition for state ballot question--Margin required--Form--Notice to county auditors
Status: in_force

Whenever any referred or submitted question is voted upon throughout the state and is determined according to the official canvass by a margin of not exceeding one - fourth of one percent of the total vote cast for and against on such question, there may be filed with the secretary of state within ten days after the completion of the official canvass by the State Board of Canvassers, a petition signed by not less than one thousand registered voters of the state, and representing at least five counties of the state, setting forth that petitioners believe a recount will change the result and that all votes cast on the question should be recounted.

The petition may consist of different petitions bound together and signed and verified substantially as provided by law with regard to petitions to invoke the referendum. Upon the filing of the petition, the secretary of state shall notify each county auditor whose county voted upon the question and the recount must be conducted in all of the precincts in each of the counties.

Source: SDC 1939, § 16.1803 (5); SL 1974, ch 118, § 176; SL 2025, ch 67, § 3.
S.D. Codified Laws § 12-21-25 — SD Code / Title 12 / Chapter 21 / Section 12-21-25
Recount to proceed expeditiously
Status: in_force

The recount shall proceed as expeditiously as reasonably possible until completed.

Source: SDC 1939, § 16.1810.
S.D. Codified Laws § 12-26-25 — SD Code / Title 12 / Chapter 26 / Section 12-26-25
False count or return by election official as misdemeanor--Defacement or concealment of statement or certificate
Status: in_force

No precinct superintendent, precinct deputy, member of any counting board, member of any board of canvassers, messenger, or other officer authorized to take part in or perform any duty in relation to any count, canvass, or official statement of the votes cast at any election, may intentionally make any false count or canvass of the votes, or make, sign, publish, or deliver any false return of the election, knowing it to be false. No such person may intentionally deface, destroy, or conceal any statement or certificate entrusted to the person's care. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 13.0927; SL 1982, ch 86, § 129; SL 1993, ch 118, § 30; SL 1999, ch 69, § 52.
S.D. Codified Laws § 12-9-8 — SD Code / Title 12 / Chapter 9 / Section 12-9-8
Primary not required if no more than two candidates for each position
Status: in_force

When nominating petitions are filed on behalf of candidates not to exceed twice the number of persons for the number of judicial positions to be filled, the names of such persons need not be placed upon the primary ballot but such persons shall be the nominees for such positions.

Source: SL 1921, ch 224, § 4; SL 1925, ch 162, § 1; SDC 1939, § 16.0304; SL 1974, ch 118, § 40; SL 1976, ch 107, § 3.
S.D. Codified Laws § 12-21-39 — SD Code / Title 12 / Chapter 21 / Section 12-21-39
Reconvening of state canvassers after recount--Recanvass and corrected abstract
Status: in_force

The secretary of state shall file all certificates involved in the recount as to any office, nomination, position, or question that have been received from the county recount boards. The secretary of state shall fix a time and place as early as reasonably possible for reconvening the State Board of Canvassers and shall notify the members of the State Board of Canvassers. The State Board of Canvassers shall reconvene at the time and place so designated and recanvass the official returns as to the office, nomination, or position, as corrected by the certificates. The State Board of Canvassers shall make a new and corrected abstract of the votes cast and declare the person elected or nominated as the case may be or the determination of any question. The corrected abstract shall be signed by the members of the State Board of Canvassers in their official capacities and shall have the great seal of the state affixed. The corrected abstract shall be filed by the secretary of state.

Source: SDC 1939, § 16.1814; SL 2002, ch 77, § 5.
S.D. Codified Laws § 12-16-18 — SD Code / Title 12 / Chapter 16 / Section 12-16-18
Delivery of ballots to precinct superintendents--Packaging and marking--Receipts
Status: in_force

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 be delivered in sealed packages, with marks on the outside of each package clearly stating the polling place for which it is intended, together with the number of ballots enclosed. Receipts for ballots, showing the number delivered, shall be given by the superintendent of election, which receipts shall at once be forwarded to the county auditor.

Source: SL 1897, ch 60, § 17; RPolC 1903, § 1890; RC 1919, § 7239; SL 1929, ch 118, § 25; SL 1931, ch 143, § 1; SDC 1939, §§ 16.0219, 16.1103; SL 1961, ch 100; SDCL, § 12-6-20; SL 1972, ch 82, § 2; SL 1974, ch 118, § 80.
S.D. Codified Laws § 12-18-23 — SD Code / Title 12 / Chapter 18 / Section 12-18-23
Return to member of precinct election board of unmarked ballot
Status: in_force

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, § 16.1209; SL 1974, ch 118, § 126; SL 1999, ch 69, § 33.
S.D. Codified Laws § 12-27-40 — SD Code / Title 12 / Chapter 27 / Section 12-27-40
Investigation and prosecution of violations by state's attorney--Civil actions
Status: in_force

The state's attorney shall investigate any violation of the provisions of this chapter relating to elections for county and school district office or county, municipal, or school district ballot questions, and prosecute any violation thereof. In lieu of bringing a criminal action, the state's attorney may elect to file a civil action for any violation of this chapter. In a civil action, in addition to other relief, the court may impose a civil penalty in an amount not to exceed one thousand dollars for each violation. Any civil penalty recovered shall be paid to the county general fund if the violation arose out of a county office or ballot question, municipal general fund if the violation arose out of a municipal ballot question, or the school district general fund if the violation arose out of a school district office or ballot question. A civil enforcement action for a violation of the chapter concerning a municipal ballot question may, with the consent of the state's attorney, be brought by the municipality's attorney. A civil enforcement action for a violation of the chapter concerning a school district office or ballot question may, with the consent of the state's attorney, be brought by the school district's attorney. A civil action brought under this section shall be commenced in the county where filings under the chapter are required, in the county where the person resides, or in the county where the organization, political party, or political committee has its principal office.

Source: SL 2007, ch 80, § 40; SL 2008, ch 67, § 15; SL 2012, ch 86, § 2.
S.D. Codified Laws § 12-16-15 — SD Code / Title 12 / Chapter 16 / Section 12-16-15
Posting of sample ballots
Status: in_force

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.
S.D. Codified Laws § 12-16-10.1 — SD Code / Title 12 / Chapter 16 / Section 12-16-10.1
Candidacy for more than one office prohibited--Exception
Status: in_force

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.
S.D. Codified Laws § 12-16-38 — SD Code / Title 12 / Chapter 16 / Section 12-16-38
Tallying and marking of votes--Entry of total votes
Status: in_force

After the tallying and marking in the tally sheet of the votes for each candidate, the number of votes so tallied for each candidate shall be counted, and the numerical result shall be placed in the column opposite the candidate's name.

Source: SDC 1939, § 16.1109 as added by SL 1961, ch 101, § 1; SL 1997, ch 81, § 5.
S.D. Codified Laws § 12-19-10.1 — SD Code / Title 12 / Chapter 19 / Section 12-19-10.1
County auditor validation of absentee ballot signatures--Violation as misdemeanor
Status: in_force

If a county uses an absentee ballot precinct at the building where the county auditor is located to process absentee ballots on election day for a federal, state, or county election, the county has the option to validate the absentee ballot signatures in the county auditor's office. The county auditor shall follow the provisions of § 12-19-10 except for the following:

(1) The county auditor, at anytime during the absentee voting timeframe, shall carefully compare the statement on the reverse side of the official return envelope with the written application without opening or breaking the seal of the return envelope; and

(2) If the county auditor determines that both signatures match:

(a) The application for absentee ballot does not need to be sent to the absentee precinct board; and

(b) The county auditor shall initial the envelope after the determination that signatures do match.

A violation of this section is a Class 2 misdemeanor.

Source: SL 2018, ch 82, § 1; SL 2023, ch 51, § 13.
S.D. Codified Laws § 12-26-9 — SD Code / Title 12 / Chapter 26 / Section 12-26-9
Good faith defense to prosecution for illegal voting
Status: in_force

Upon any prosecution for procuring, offering, or casting an illegal vote, the accused may give in evidence any facts tending to show that he honestly believed upon good reason that the vote complained of was a lawful one; and the jury may take such facts into consideration in determining whether the acts complained of were knowingly done or not.

Source: PenC 1877, § 94; CL 1887, § 6294; RPenC 1903, § 99; RC 1919, § 3683; SDC 1939, § 13.0912.
S.D. Codified Laws § 12-21-44 — SD Code / Title 12 / Chapter 21 / Section 12-21-44
Second recount prohibited--Exception
Status: in_force

Whenever the ballots cast in any precinct have been recounted as to any office, nomination, petition, or question, such ballots shall not thereafter, except as specifically provided in § 12-21-45 , be recounted as to the same office, nomination, position, or question.

Source: SDC 1939, § 16.1830; SL 1974, ch 118, § 189.
S.D. Codified Laws § 12-4-8.1 — SD Code / Title 12 / Chapter 4 / Section 12-4-8.1
Postcard requests for absentee ballots under federal law--Indexing and furnishing to precinct board
Status: in_force

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 auditor shall make and file the index card for the master file and attach the card thereto and shall save an electronic copy of the card. The county auditor shall supply a photocopy to the election board of the precinct for the purposes of § 12-19-2 .

Source: SL 1957, ch 85, § 2; SDC Supp 1960, § 16.0611; SDCL, § 12-19-20; SL 1974, ch 118, § 10; SL 1992, ch 107, § 1; SL 1994, ch 107, § 13; SL 2023, ch 44, § 8.
S.D. Codified Laws § 12-21-31 — SD Code / Title 12 / Chapter 21 / Section 12-21-31
Return and resealing of undisputed ballots--Certification of disputed ballots
Status: in_force

At the conclusion of the recount of each precinct the undisputed ballots shall be returned to the ballot box and resealed, and the disputed ballots, if any, shall be certified pursuant to § 12-21-33 .

Source: SDC 1939, § 16.1810; SL 1974, ch 118, § 182.
S.D. Codified Laws § 12-18-6.1 — SD Code / Title 12 / Chapter 18 / Section 12-18-6.1
Voters required to provide identification before voting
Status: in_force

When the voter is requesting a ballot, the voter shall present a valid form of personal identification. The personal identification that may be presented shall be either:

(1) A South Dakota driver's license or nondriver identification card;

(2) A passport or an identification card, including a picture, issued by an agency of the United States government;

(3) A tribal identification card, including a picture; or

(4) A current student identification card, including a picture, issued by a high school or an accredited institution of higher education, including a university, college, or technical school, located within the State of South Dakota.

Source: SL 2003, ch 82, § 1; SL 2004, ch 108, § 3; SL 2006, ch 71, § 1.
S.D. Codified Laws § 12-4-1.4 — SD Code / Title 12 / Chapter 4 / Section 12-4-1.4
Demonstration of citizenship--List of documentation--Verification of naturalization
Status: in_force

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, provided that the license or identification card was issued after July 1, 2025, and indicates that the individual has provided sufficient documentation to demonstrate that the individual is a United States citizen;

(2) A valid driver license or nondriver identification card issued by any other state or territory of the United States, provided that the license or identification card indicates that the individual has provided sufficient documentation to demonstrate that the individual is a United States citizen;

(3) The individual's tribal identification card; or

(4) A legible photocopy of:

(a) The individual's birth certificate;

(b) The pages of the individual's United States passport, which identify the applicant and show the individual's passport number;

(c) A consular report of birth abroad issued by the United States Department of State for the individual;

(d) The individual's certificate of naturalization; or

(e) Any other type of acceptable documentary evidence of citizenship permitted under 42 C.F.R. § 436.407 (January 1, 2026).

If an individual provides a copy of the individual's certificate of naturalization, the county auditor must verify the number of the certificate of naturalization with the United States Immigration and Naturalization Service.

Source: SL 2026, ch 63, § 3, eff. Mar. 26, 2026.
S.D. Codified Laws § 12-20-48 — SD Code / Title 12 / Chapter 20 / Section 12-20-48
Abstract by state canvassers of county returns--Signature and seal--Recording and filing of abstracts
Status: in_force

The Board of State Canvassers shall make an abstract stating the number of votes cast for each of such officers, the names of all persons voted for, for what office they respectively received the votes, and the number of votes each received, in words at length, and stating whom they declare to be elected to each office, which abstract shall be signed by the canvassers in their official capacity and as state canvassers, and have the great seal of the state affixed.

The secretary of state shall record such abstracts in a book to be kept by him for recording the result of state elections, called the "election book," and also file such abstracts.

Source: SL 1890, ch 84, §§ 8, 9; RPolC 1903, §§ 1950, 1952; RC 1919, §§ 7297, 7299; SDC 1939, § 16.1718.
S.D. Codified Laws § 12-9-3.1 — SD Code / Title 12 / Chapter 9 / Section 12-9-3.1
Individual judicial positions designated by secretary of state
Status: in_force

The secretary of state shall designate each individual judicial position to be filled by election. The position that is assigned to an individual judge is assigned also to the judge's successor in office. A candidate for circuit court shall indicate the specific position for which the candidate is running.

Source: SL 1976, ch 107, § 1; SL 1995, ch 82.
S.D. Codified Laws § 12-6-7 — SD Code / Title 12 / Chapter 6 / Section 12-6-7
Nominating petitions--Several sheets--Signature requirements
Status: in_force

A nominating petition may be composed of several sheets, each sheet shall have identical headings printed at the top and shall be a self-contained sheet of paper. The petition for a candidate for the Legislature shall designate the senatorial or representative district number and house for which the person is a candidate.

The petition for party office or political public office for a state or federal candidate shall be signed by not less than one percent of the voters who voted for that party's gubernatorial candidate at the last gubernatorial election in the state. A petition for the Legislature, county party office, or county political public office shall be signed by not less than one percent of the voters who voted for that party's gubernatorial candidate at the last gubernatorial election, or fifty voters, in the county, part of the county, or district electing a candidate to fill the office, whichever is less.

If the party meets the requirement for alternative political status as defined in § 12-1-3.1 , the petition for party office or political public office for a state or federal candidate shall be signed by not less than one percent of the voters who voted for that party's statewide candidate receiving the highest votes at the last gubernatorial election in the state. A petition for the Legislature, county party office, or county political public office shall be signed by not less than one percent of the voters who voted for that party's statewide candidate receiving the highest votes at the last gubernatorial election in the county, part of the county, or district electing a candidate to fill the office, whichever is less.

If a county uses vote centers and does not print ballots by precinct, signature requirements are:

(1) For both partisan and independent candidates, fifty signatures for a legislative candidate whose district either in whole or in part includes that county;

(2) For a county candidate:

(a) Partisan candidate petitions shall be signed by the lesser of fifty signatures or signatures from one percent of the voters who voted for that party's gubernatorial candidate, or the party’s statewide candidate receiving the highest votes if the party meets the requirement for alternative party status as defined in § 12-1-3.1 , at the last gubernatorial election in the county electing a candidate to fill the office; or

(b) Independent candidate petitions shall be signed by not less than one percent of the total combined vote for Governor at the last certified election within the county electing a candidate to fill the office;

(3) Half the number of signatures required under subdivision (2), for county commissioner district candidates;

(4) Five signatures for a new party legislative candidate whose district either in whole or in part includes that county;

(5) Five signatures for a new party county candidate; or

(6) Three signatures for a new party county commissioner district candidate.

Source: SL 1929, ch 118, § 4; SL 1931, ch 145; SDC 1939, § 16.0210; SL 1939, ch 75; SL 1957, ch 83, § 1; SL 1961, ch 93, § 1; SL 1973, ch 74, § 5; SL 1976, ch 105, § 16; SL 2015, ch 77, § 5 rejected Nov. 8, 2016; SL 2017, ch 2, § 9; SL 2017, ch 69, § 3; SL 2018, ch 74, § 2, eff. Mar. 23, 2018; SL 2020, ch 52, § 1.
S.D. Codified Laws § 12-1-11 — SD Code / Title 12 / Chapter 1 / Section 12-1-11
Costs paid by county--Exception for local elections--Prohibition on private funding––Promulgation of rules
Status: in_force

Except as otherwise provided by law, in any election in which all voters of a county participate, the costs relating to the election shall be paid by the county from funds appropriated therefor. In all other elections, costs shall be paid from funds appropriated by the governing body of municipalities, school districts, and other political subdivisions requiring an election for their own purposes. Costs relating to a combined municipal and school board election may be shared under the provisions of §§ 9-13-1.1 and 13-7-10.1 . Neither the state nor any political subdivision may accept any funds, grants, or gifts for election costs from any source other than the governing body of a political subdivision, the state, or the federal government, except for gifts of a nominal and intrinsic value as defined by the State Board of Elections and given in compliance with the provisions of § 12-18-3 . The State Board of Elections shall promulgate rules pursuant to chapter 1-26 to prescribe the definition of nominal and intrinsic value.

Source: SL 1897, ch 60, § 1; RPolC 1903, § 1885; RC 1919, § 7235; SDC 1939, § 16.1101; SL 1959, ch 95; SL 1961, ch 92, § 19; SL 1963, ch 112; SDCL, §§ 12-4-28, 12-16-22; SL 1974, ch 118, § 1; SL 1981, ch 66, § 3; SL 2022, ch 36, § 1.
S.D. Codified Laws § 12-6-51.1 — SD Code / Title 12 / Chapter 6 / Section 12-6-51.1
Runoff election--United States Senate, House of Representatives, or Governor primary
Status: in_force

If no candidate for United States Senate, United States House of Representatives, or Governor in a race involving three or more candidates receives thirty-five percent of the votes of the candidate's party, a runoff election shall be held eight weeks from the date of the first primary election. At the runoff election the only persons voted for shall be the two candidates receiving the highest number of votes at the first election. If there is a tie for second place in the first primary election and there is no tie for first place, all tying second place candidates must be placed along with the first place candidate on the ballot for the runoff election. The runoff election must be held in the same manner as the first election. However, if the runoff election does not have a federal race, the electronic ballot marking system is not required, and hand-counted ballots may be used. The person receiving the highest number of votes at the runoff election is nominated as the candidate for the party.

Source: SL 1985, ch 110, § 1; SL 2008, ch 34, § 8; SL 2010, ch 74, § 11; SL 2013, ch 64, § 1; SL 2017, ch 69, § 5; SL 2023, ch 46, § 1.
S.D. Codified Laws § 12-26-19 — SD Code / Title 12 / Chapter 26 / Section 12-26-19
Betting with intent to procure challenge as misdemeanor
Status: in_force

Any person who shall directly or indirectly make a bet with a voter depending upon the result of any election, with the intent thereby to procure the challenge of such voter or to prevent his voting at an election, is guilty of a Class 2 misdemeanor.

Source: SL 1891, ch 58, § 3; RPenC 1903, § 58; RC 1919, § 3650; SDC 1939, § 13.0918; SL 1982, ch 86, § 124.
S.D. Codified Laws § 12-22-18 — SD Code / Title 12 / Chapter 22 / Section 12-22-18
Court to proceed expeditiously--Designation of judge and relief from other duties
Status: in_force

The court shall proceed as expeditiously as reasonably possible, and the Chief Justice of the Supreme Court may, upon the application of the judge of any circuit court, before which such a contest is pending, or upon the application of any party, make an order designating any judge of any circuit court of the state to hear such contest, and relieving such judge of his other official duties pending the final determination of the contest.

Source: SDC 1939, § 16.1915; SL 1974, ch 118, § 193.
S.D. Codified Laws § 12-27-47 — SD Code / Title 12 / Chapter 27 / Section 12-27-47
Affidavit alleging violation of campaign finance requirements--Contested case--Referral for investigation
Status: in_force

Any person may file with the secretary of state a sworn affidavit alleging a violation of the campaign finance requirements under this chapter. A sworn affidavit alleging any misconduct, breach of statutory duty, or malfeasance shall be signed and sworn to by the affiant, fully state any fact on which the affiant relied and identify any source of factual information. If the sworn affidavit has sufficiently substantiated facts that lead the secretary of state to believe there is probable cause that a requirement under this chapter has been violated, the secretary of state may commence the contested case procedure pursuant to chapter 1-26 to remedy the violation or impose a civil penalty. The secretary of state may refer the complaint to the Division of Criminal Investigation for an investigation pursuant to chapter 23-3 and shall notify the subject of the affidavit of the referral by certified mail.

Source: SL 2017, ch 73, § 2.
S.D. Codified Laws § 12-4-60 — SD Code / Title 12 / Chapter 4 / Section 12-4-60
Voter registration challenge--Application--Factual basis--Form--Documentation--Promulgation of rules--Certain information confidential--Penalty
Status: in_force

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 to vote based on one of the reasons set forth in § 12-4-58 or 12-4-59 .

The individual must provide the factual basis for filing the application, including the information required by this section, in the signed affidavit. The application may not be based on an unsupported allegation or the allegation of an anonymous third party. The application must be in a form prescribed by the State Board of Elections, and must contain the:

(1) Name of the challenged individual;

(2) Address of the challenged individual;

(3) Name of the individual filing the application;

(4) Address, phone number, and email address of the individual filing the application;

(5) Date of the affidavit; and

(6) Reason for the challenge, pursuant to § 12-4-58 or 12-4-59 .

The individual who files the application shall include documented evidence related to the challenge as an attachment to the affidavit. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26 , establishing the form of the affidavit and the documentation that must be included with the affidavit as evidence of the voter's qualifications.

An individual's social security number, driver license number, South Dakota nondriver identification card number, passport number, or contact information, may not be made public as part of a challenge. An individual who intentionally makes public any information that is confidential, pursuant to this section, is guilty of a Class 2 misdemeanor.

Source: SL 2025, ch 61, § 3.
S.D. Codified Laws § 12-21-41 — SD Code / Title 12 / Chapter 21 / Section 12-21-41
Original certificate of nomination or election superseded by certificate issued after recount--Rights of holder
Status: in_force

Any certificate of nomination or election issued under the provisions of this chapter shall have the effect of and shall be recognized as superseding and rendering null and void any certificate of election or nomination previously issued which shall be adequately identified which is inconsistent with such new certificate, and the holder of any certificate of nomination or election issued under this chapter shall have the same identical rights as if he held the original certificate of nomination or election and no recount had been had.

Source: SDC 1939, § 16.1816; SL 1974, ch 118, § 188.
S.D. Codified Laws § 12-5-1.4 — SD Code / Title 12 / Chapter 5 / Section 12-5-1.4
Nominating petitions of new party primary candidates
Status: in_force

If a political party qualifies for the primary ballot under § 12-5-1 , each candidate intending to participate in a primary election shall file a nominating petition pursuant to § 12-6-4 . In each primary election following the qualification of a political party and prior to the next gubernatorial election, each:

(1) State and federal candidate for that party shall file a petition bearing signatures of at least two hundred fifty registered voters in that party; and

(2) Legislative and county candidate for that party shall file a petition bearing signatures of at least five registered voters in that party.

Source: SL 1984, ch 107, § 1A; SL 1993, ch 109, § 2; SL 2007, ch 74, § 3; SL 2015, ch 77, § 24 rejected Nov. 8, 2016.
S.D. Codified Laws § 12-19-1.1 — SD Code / Title 12 / Chapter 19 / Section 12-19-1.1
Affirmation of address by voter in inactive registration file
Status: in_force

A voter in the inactive registration file meeting the criteria in § 12-19-1 may vote absentee by completing the affirmation required in § 12-18-7.4 .

Source: SL 1994, ch 107, § 31; SL 2002, ch 40, § 17.
S.D. Codified Laws § 12-27-8 — SD Code / Title 12 / Chapter 27 / Section 12-27-8
Limits on contributions to legislative or county candidate or candidate's campaign committee--Violation as misdemeanor
Status: in_force

A legislative or county candidate or the candidate's campaign committee may accept contributions during any calendar year as follows:

(1) Not to exceed one thousand dollars from a person, unless the person is the candidate or a member of the candidate's immediate family, in which case contributions may be made without limit;

(2) Not to exceed one thousand dollars from an entity;

(3) Without limit from a political action committee;

(4) Without limit from a political party; and

(5) Without limit from a candidate campaign committee.

Any contribution from a ballot question committee is prohibited. Any contribution from a person who is an unemancipated minor shall be deducted from the total contribution permitted under this section by the unemancipated minor's custodial parent or parents. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.

Source: SL 2007, ch 80, § 8; SL 2017, ch 222 (Initiated Measure 22), § 6, eff. Nov. 16, 2016; SL 2017, ch 72, § 5, eff. Feb. 2, 2017; SL 2017, ch 71, § 8; SL 2018, ch 85, § 2; SL 2019, ch 77, § 2.
S.D. Codified Laws § 12-6-3.1 — SD Code / Title 12 / Chapter 6 / Section 12-6-3.1
Legislative candidates required to reside in district of candidacy
Status: in_force

Any candidate for office in the State Legislature shall be a resident of the district for which he is a candidate at the time he signs his declaration of candidacy as required by this chapter.

Source: SL 1990, ch 105, § 1.
S.D. Codified Laws § 12-25-29.1 — SD Code / Title 12 / Chapter 25 / Section 12-25-29.1
Statements by convention nominees of party with alternative political status--Violation as petty offense or misdemeanor
Status: in_force

Any candidate for United States Senate, United States House of Representatives, Governor, lieutenant governor, state treasurer, attorney general, secretary of state, state auditor, public utilities commissioner, commissioner of school and public lands, or state legislator who has been nominated at the convention of a party with alternative political status shall file a statement of financial interest with the secretary of state not more than fifteen days after the candidate's nomination is certified. A violation of this section is a petty offense. Any intentional violation of this section is a Class 2 misdemeanor.

Source: SL 2019, ch 73, § 4.
S.D. Codified Laws § 12-4-4.7 — SD Code / Title 12 / Chapter 4 / Section 12-4-4.7
Expedition of registrations and ballot requests
Status: in_force

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.
S.D. Codified Laws § 12-21-54 — SD Code / Title 12 / Chapter 21 / Section 12-21-54
Defenses set forth in answer to certiorari--New allegations--Petition for additional writ
Status: in_force

All defenses, either of fact or of law, must be set forth in the answer and no other pleading in response to the petition shall be permitted. Such answer may also allege matters showing error by any county recount board or boards, or other official, tribunal, or authority not covered by such petition, and pray for an additional writ for certification of additional proceedings and records relative thereto, in which event such additional writ may be granted in the same manner, and with the same procedure and effect as the original writ.

Source: SDC 1939, § 16.1823.
S.D. Codified Laws § 12-13-3 — SD Code / Title 12 / Chapter 13 / Section 12-13-3
Newspaper publication of submitted questions--Compensation--Suspension of status on failure to publish--Election valid despite refusal to publish
Status: in_force

It shall be the duty of each official newspaper of the county to publish once not less than two nor more than four weeks prior to each general election full copies of that material supplied pursuant to § 12-13-2 , and for such publication such newspaper shall receive compensation at the legal rate prescribed by law to be paid out of the general fund.

In case any official newspaper shall fail or refuse to make such publication as hereinbefore provided, such newspaper shall thereupon cease to be an official newspaper for the remainder of that year and for the following calendar year, and the board of county commissioners of such county shall appoint some other newspaper of such county as an official newspaper. The refusal of an official newspaper or newspapers to publish shall not invalidate the results of an election on such question.

Source: SL 1913, ch 107, § 5; RC 1919, § 7220; SDC 1939, § 16.1305; SL 1957, ch 86; SL 1963, ch 114; SL 1972, ch 84, § 1; SL 1974, ch 118, § 53.
S.D. Codified Laws § 12-18-5 — SD Code / Title 12 / Chapter 18 / Section 12-18-5
Poll lists maintained by member of precinct election board
Status: in_force

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 the names of all persons voting at the election and the type of ballot voted.

Source: SDC 1939, § 16.1008; SL 1974, ch 118, § 109; SL 1993, ch 113, § 10; SL 1996, ch 94, § 28; SL 1999, ch 69, § 27; SL 2009, ch 69, § 6.
S.D. Codified Laws § 12-1-2.1 — SD Code / Title 12 / Chapter 1 / Section 12-1-2.1
Option to adopt campaign finance law
Status: in_force

The governing body of any political subdivision may, by ordinance or resolution, adopt the provisions of chapter 12-27 .

Source: SL 1988, ch 60, § 4; SL 2008, ch 67, § 20.
S.D. Codified Laws § 12-18-14 — SD Code / Title 12 / Chapter 18 / Section 12-18-14
Entry of voting booth or machine by voter
Status: in_force

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; RPolC 1903, § 1914; SL 1913, ch 198, § 2; SL 1915, ch 186, § 2; RC 1919, § 7264; SDC 1939, § 16.1203; SL 1974, ch 118, § 119.
S.D. Codified Laws § 12-4-24 — SD Code / Title 12 / Chapter 4 / Section 12-4-24
Precinct lists for local election--Delivery to voting precincts
Status: in_force

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 election.

Source: SL 1961, ch 92, § 14; SL 1970, ch 86, § 4; SL 1974, ch 118, § 24; SL 1976, ch 105, § 11; SL 1985, ch 109; SL 1992, ch 107, § 5; SL 2023, ch 44, § 12.
S.D. Codified Laws § 12-18-4 — SD Code / Title 12 / Chapter 18 / Section 12-18-4
Examination and sealing of ballot box before opening of polls--Closed until counting of vote
Status: in_force

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 provided for in chapter 12-20 .

Source: SDC 1939, § 16.1011; SL 1976, ch 105, § 53; SL 1993, ch 118, § 16; SL 1999, ch 69, § 26.
S.D. Codified Laws § 12-18-16.1 — SD Code / Title 12 / Chapter 18 / Section 12-18-16.1
Marking of optical scan ballot--Pen provided--Instructions--Effect
Status: in_force

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 black ink pen to mark the voter's choice on the ballot.

The person in charge of the election may not disqualify any ballot marked by a writing instrument other than a black ink pen.

Source: SL 2002, ch 76, § 2; SL 2026, ch 72, § 1.
S.D. Codified Laws § 12-16-34 — SD Code / Title 12 / Chapter 16 / Section 12-16-34
Rules and columns on tally sheets
Status: in_force

The tally sheets in the area for tallying votes cast shall be ruled by horizontal and perpendicular lines so as to form squares of suitable size to contain five tally marks each, four of which may be upright and the fifth crossing the same at an oblique angle, every fifth perpendicular line in the ruling to be red, so that five squares for tally marks are contained between each two red lines. In a perpendicular column at the left margin of each tally sheet, there shall be left sufficient space so that there may be printed or written in ink in plain and legible manner the names of all candidates and all questions submitted to the voters at the election, in the same order that they are arranged upon the official ballots used in such election. At the extreme right margin of the tally sheet there shall be a perpendicular column labeled as follows: "Total Votes."

Source: SDC 1939, § 16.1109; SL 1961, ch 101, § 1; SL 1997, ch 81, § 3.
S.D. Codified Laws § 12-18-7.2 — SD Code / Title 12 / Chapter 18 / Section 12-18-7.2
Voting without acknowledgment notice on verification by auditor--Emergency voting card
Status: in_force

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 the precinct, the person may vote if one of the members of the precinct election board first confirms by telephone or other means with the county auditor or a deputy auditor that the name was erroneously omitted from the list, and an emergency voting card, in duplicate, in the form prescribed by the State Board of Elections is signed by the applicant and each member of the precinct election board. The original emergency voting card shall be retained by the precinct superintendent as part of the precinct superintendent's permanent records, and the duplicate shall be given to the voter. In a primary election, the party affiliation of any voter using the emergency voting procedure of this section shall be designated on the emergency voting card.

Source: SL 1961, ch 92, § 21 as enacted by SL 1969, ch 83, § 5; SL 1970, ch 86, § 9; SL 1974, ch 118, § 111; SL 1976, ch 105, § 54; SL 1994, ch 107, § 30; SL 1999, ch 69, § 29; SL 2002, ch 40, § 16.
S.D. Codified Laws § 12-22-21 — SD Code / Title 12 / Chapter 22 / Section 12-22-21
Judgment withheld while recount or certiorari pending--Judgment declaring election result
Status: in_force

When any recount is pending under chapter 12-21 , or when there are pending certiorari proceedings to review such recount, judgment shall not be entered until the result of such recount is finally determined. The judgment finally entered shall declare the result of the election.

Source: SDC 1939, § 16.1915.
S.D. Codified Laws § 12-26-21 — SD Code / Title 12 / Chapter 26 / Section 12-26-21
Disobedience of precinct superintendent or precinct deputy as misdemeanor
Status: in_force

A person who intentionally disobeys a lawful command of a precinct superintendent or precinct deputy of any election, given in the execution of the person's duty as such at an election, is guilty of a Class 2 misdemeanor.

Source: SDC 1939, § 13.0923; SL 1982, ch 86, § 125; SL 1999, ch 69, § 49.
S.D. Codified Laws § 12-19-9.3 — SD Code / Title 12 / Chapter 19 / Section 12-19-9.3
Ballot drop boxes prohibited--Exclusions--Promulgation of rules--Violation as misdemeanor
Status: in_force

The person in charge of the election may not establish or place, or allow any individual to establish or place, an absentee ballot drop box within the official's jurisdiction. A completed absentee ballot may only be returned to an office of the individual in charge of the election pursuant to § 12-19-7 .

For the purposes of this section, the term, absentee ballot drop box, means a receptacle or container into which an individual may deposit a completed absentee ballot. This term excludes a county auditor's means for physically securing a completed absentee ballot as required by § 12-19-10 or 12-19-42 , including a secured and monitored receptacle or container at the office of the individual in charge of the election. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26 , prescribing the requirements to ensure the security of the receptacle or container located at the office of the individual in charge of the election.

A violation of this section is a Class 2 misdemeanor.

Source: SL 2023, ch 51, § 21.
S.D. Codified Laws § 12-4-32 — SD Code / Title 12 / Chapter 4 / Section 12-4-32
National Voter Registration Act of 1993
Status: in_force

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.
S.D. Codified Laws § 12-16-2 — SD Code / Title 12 / Chapter 16 / Section 12-16-2
Paper and printing specifications--Columns for parties and independent candidates--Automatic tabulating systems
Status: in_force

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 candidates for each party are in separate columns, the names of candidates for each office are directly opposite each other, and the names of all independent candidates occupy a separate column under the heading, independent candidates. In precincts using automatic tabulating systems, the ballot information, whether placed on the ballot or on the marking device, shall, as far as practicable, be in the order or arrangement provided for paper ballots except that such information may be in vertical or horizontal rows, or on a number of separate pages. No individual race or ballot question may be divided between pages. One ballot card may be used for recording a voter's vote on all races and measures.

Source: SDC 1939, § 16.1105 (1); SL 1974, ch 118, § 70; SL 1977, ch 109, § 2; SL 1994, ch 110, § 1; SL 1997, ch 81, § 1; SL 2007, ch 76, § 3.
S.D. Codified Laws § 12-4-52 — SD Code / Title 12 / Chapter 4 / Section 12-4-52
Payment for registration of voters based on number of voters registered prohibited--Violation as misdemeanor
Status: in_force

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 misdemeanor.

Source: SL 2005, ch 91, § 1.
S.D. Codified Laws § 12-16-16 — SD Code / Title 12 / Chapter 16 / Section 12-16-16
Publication of facsimile ballots--Time for publication
Status: in_force

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 weeks prior to each election.

Source: SDC 1939, § 16.1101 as added by SL 1963, ch 112; SDCL § 12-13-14; SL 1972, ch 82, § 5; SL 1974, ch 118, § 78; SL 1979, ch 100, § 3; SL 1982, ch 28, § 45; SL 1982, ch 126, § 3; SL 1991, ch 121, § 1; SL 1997, ch 79, § 3; SL 2003, ch 43, § 2; SL 2006, ch 69, § 1; SL 2019, ch 76, § 1.
S.D. Codified Laws § 12-4-37 — SD Code / Title 12 / Chapter 4 / Section 12-4-37
Statewide voter registration file--Maintenance--County auditors to transmit changes--Published to website
Status: in_force

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 computerized system maintained by the secretary of state.

The county auditor shall transmit updated information contained in the county voter registration system, including voter registration information and voter election history information, to the secretary of state not later than July fifteenth after each primary election and December fifteenth after each general election.

The secretary of state shall post the complete statewide voter registration file to the secretary's website before 11:59 p.m. central time each Monday. The weekly post of the statewide voter registration file must contain any updates to the information in the county master registration file, pursuant to § 12-4-9 .

Source: SL 2001, ch 66, § 1; SL 2010, ch 74, § 10; SL 2011, ch 77, § 1; SL 2023, ch 44, § 14; SL 2025, ch 60, § 2; SL 2026, ch 66, § 1.
S.D. Codified Laws § 12-1-1.1 — SD Code / Title 12 / Chapter 1 / Section 12-1-1.1
Laws applicable to election of county officers
Status: in_force

All election laws of this state relating to nomination and election of candidates for office on political ballots shall apply to the nomination and election of a sheriff, county auditor, register of deeds, treasurer, state's attorney, and coroner.

Source: SL 1973, ch 48, § 2.
S.D. Codified Laws § 12-11-7 — SD Code / Title 12 / Chapter 11 / Section 12-11-7
Vacancy within ninety days of general election--Concurrent elections
Status: in_force

If a vacancy occurs within ninety days of the next general election, the special election to fill the vacancy shall be held concurrently with the general election to be held two years later.

Source: SL 1979, ch 99, § 4.
S.D. Codified Laws § 12-24-2 — SD Code / Title 12 / Chapter 24 / Section 12-24-2
12-24-2. Replacement of elector failing to appear
Status: in_force

If any elector named in the Governor's certificate fails to appear before nine o'clock in the morning of the day of election of President and vice president as aforesaid, the electors there present shall immediately proceed to elect by ballot, in the presence of the Governor, a person to fill such vacancy. If more than one person voted for to fill such vacancy shall have the highest and an equal number of votes, the Governor, in the presence of the electors attending, shall decide by lot which of such persons shall be elected.
S.D. Codified Laws § 12-5-1.6 — SD Code / Title 12 / Chapter 5 / Section 12-5-1.6
Reward prohibited--Violation as misdemeanor
Status: in_force

No person may employ, reward, or compensate any person to circulate a petition for the organization of a political party based on the number of registered voters who signed the petition. Nothing in this section prohibits any person from employing a petition circulator based on one of the following practices:

(1) Paying an hourly wage or salary;

(2) Establishing either express or implied minimum signature requirements for the petition circulator;

(3) Terminating the petition circulator's employment, if the petition circulator fails to meet certain productivity requirements; and

(4) Paying discretionary bonuses based on reliability, longevity, and productivity.

Any violation of this section is a Class 2 misdemeanor.

Source: SL 2017, ch 12, § 6.
S.D. Codified Laws § 12-18-12 — SD Code / Title 12 / Chapter 18 / Section 12-18-12
Stamping of ballot before delivery to voter
Status: in_force

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 optical scan ballot, the location indicated by the person in charge of the election.

Source: SDC 1939, § 16.1006; SL 1972, ch 82, § 7; SL 1974, ch 118, § 117; SL 1999, ch 69, § 31; SL 2008, ch 34, § 16.
S.D. Codified Laws § 12-5-3.12 — SD Code / Title 12 / Chapter 5 / Section 12-5-3.12
Preference of first nominating petition filed--One slate per candidate--Petitions rejected for noncompliance--Verified notice of disapproval filed by designated candidate removes slate from ballot
Status: in_force

Under a petition filed under § 12-5-3.11 , the first nominating petition filed indicating a preference choice for any given person for President of the United States shall give the slate listed thereon the exclusive right to have their names appear on the ballot in preference of that person. Only one slate shall appear on the ballot in preference of any one person for President of the United States. Any nominating petition which does not comply with the requirements of law for such petitions shall not be accepted. Petitions shall be checked for such compliance at the time in the order of filing and the first to be found to be in compliance with law shall be accepted for purpose of this section. No slate of delegates or alternates appearing on a nominating petition filed pursuant to this section shall be placed on the ballot if the person designated as presidential candidate in such petition shall file a verified notice of disapproval. This notice must be filed with the secretary of state by such candidate within the time period required for the filing of nominating petitions for the primary.

Source: SL 1977, ch 107, § 7.
S.D. Codified Laws § 12-27-13 — SD Code / Title 12 / Chapter 27 / Section 12-27-13
Property purchased with contributions to be property of political committee
Status: in_force

Equipment, supplies, and materials purchased with contributions are property of the political committee and are not property of the candidate or any other person.

Source: SL 2007, ch 80, § 13; SL 2017, ch 222 (Initiated Measure 22), § 14, eff. Nov. 16, 2016; SL 2017, ch 72, § 13, eff. Feb. 2, 2017; SL 2017, ch 71, § 13.
S.D. Codified Laws § 12-4-4.5 — SD Code / Title 12 / Chapter 4 / Section 12-4-4.5
Absentee registration and voting in last county and precinct of residence
Status: in_force

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.
S.D. Codified Laws § 12-15-9 — SD Code / Title 12 / Chapter 15 / Section 12-15-9
Oath of precinct officials--Entry in pollbook--Violation of oath as misdemeanor
Status: in_force

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 superintendent (or precinct deputy or precinct assistant) according to law and the best of my ability and that I will studiously endeavor to prevent fraud, deceit, and abuse and that I will act in an impartial manner in conducting the election about to be held.

The members of the precinct election board may administer the oath to each other. The person administering the oaths shall cause an entry thereof to be made and signed by the person and prefixed to the pollbook. A violation of this oath is a Class 1 misdemeanor.

Source: SDC 1939, §§ 16.0221, 16.1004; SDCL, § 12-6-22; SL 1975, ch 119, § 5; SL 1993, ch 118, § 4; SL 1999, ch 69, § 8; SL 2004, ch 108, § 1; SL 2006, ch 70, § 6.
S.D. Codified Laws § 12-4-34 — SD Code / Title 12 / Chapter 4 / Section 12-4-34
References to registered voters--Inactive voters may sign petition
Status: in_force

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 2023, ch 44, § 13.
S.D. Codified Laws § 12-27-28 — SD Code / Title 12 / Chapter 27 / Section 12-27-28
Conditions requiring filing of supplemental report--Time for filing--Violation as misdemeanor
Status: in_force

If any political committee required to file a campaign finance disclosure report pursuant to this chapter receives a contribution of five hundred dollars or more within the twenty days immediately prior to an election for which a campaign finance disclosure report may be filed, a supplemental report shall be filed. The report shall state the name and mailing address of the contributor and the amount and date of the contribution, and information contained in any report provided under § 12-27-19 , if applicable. The report shall be filed by the treasurer within forty-eight hours of the receipt of the contribution. A violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.

Source: SL 2007, ch 80, § 28; SL 2008, ch 67, § 12; SL 2017, ch 71, § 30.
S.D. Codified Laws § 12-26-11 — SD Code / Title 12 / Chapter 26 / Section 12-26-11
Disturbance of public meeting of voters as misdemeanor
Status: in_force

A person who intentionally disturbs or breaks up any public meeting of voters lawfully being held for the purpose of considering public questions is guilty of a Class 2 misdemeanor.

Source: PenC 1877, § 74; CL 1887, § 6274; RPenC 1903, § 79; RC 1919, § 3666; SDC 1939, § 13.0916; SL 1982, ch 86, § 117.
S.D. Codified Laws § 12-21-34 — SD Code / Title 12 / Chapter 21 / Section 12-21-34
Filing and preservation of certificates
Status: in_force

The certificate as to the result of the recount and the certificate as to disputed ballots shall be filed and preserved by the county auditor as public records.

Source: SDC 1939, §§ 16.1812, 16.1813; SDCL, § 12-21-33 ; SL 1974, ch 118, § 185; SL 2002, ch 77, § 4.
S.D. Codified Laws § 12-19-46 — SD Code / Title 12 / Chapter 19 / Section 12-19-46
Commencement of count when polls close
Status: in_force

If the absentee ballot counting board did not begin to process or tabulate the absentee ballots on election day prior to the closing of the polls, pursuant to § 12-19-43 , the board must immediately, upon the close of the polls, commence:

(1) Processing each absentee ballot, pursuant to § 12-19-10 ; and

(2) Counting the absentee ballots.

Source: SL 1976, ch 108, § 4; SL 2026, ch 73, § 7, eff. Mar. 26, 2026.
S.D. Codified Laws § 12-20-1 — SD Code / Title 12 / Chapter 20 / Section 12-20-1
Delivery of supplies to counting board--Certificate of transmittal and receipt--Commencement of count--Continuation without adjournment--Comparison and correction of poll lists--Penalty
Status: in_force

As soon as the polls are closed, the precinct superintendent and precinct deputies shall audit the ballot count as prescribed in §§ 12-20-2 and 12-20-3 . The precinct superintendent and precinct deputies shall then immediately deliver the ballot boxes, registration book, pollbook, and other election supplies, including voided and unused ballots, to the counting board, if appointed, and sign a certificate of transmittal and receipt as prescribed by the State Board of Elections. The members of the precinct election board or the counting board, if appointed, shall then immediately proceed to count publicly, in the presence of all persons desiring to attend the count, the votes received at the polls, and continue without leaving the site of the count until the count is completed. A person charged with implementing this section may not delay the counting of ballots other than to authorize short recesses for the health and wellbeing of those employed to implement this section. In counting the votes, the members of the precinct election board or counting board shall use the tally sheets provided.

Source: SDC 1939, § 16.1701; SL 1975, ch 119, § 11; SL 1976, ch 105, § 68; SL 1993, ch 113, § 13; SL 1993, ch 118, § 20; SL 1999, ch 69, § 39; SL 2002, ch 76; § 7; SL 2021, ch 68, § 1.
S.D. Codified Laws § 12-16-6 — SD Code / Title 12 / Chapter 16 / Section 12-16-6
Presidential and vice-presidential candidates listed--Single square to vote for electors
Status: in_force

The group of presidential electors in each column shall be preceded by the surnames of the respective candidates for President and vice president for whom they are pledged; as for instance, " G Coolidge and Dawes electors," " G Davis and Bryan electors," etc., which shall be printed conspicuously and be preceded by a square as above indicated.

Source: SL 1925, ch 160; SDC 1939, § 16.1105 (2); SL 1964, ch 60, § 1; SL 1976, ch 105, § 43.
S.D. Codified Laws § 12-27-47.1 — SD Code / Title 12 / Chapter 27 / Section 12-27-47.1
Report of certain campaign finance violations to secretary of state--Investigation--Civil penalty
Status: in_force

Any resident of South Dakota may report a violation of § 12-27-12 , 12-27-16 (1), or 12-27-19 to the secretary of state, who shall investigate the alleged violation and determine whether a violation occurred. In addition to any criminal penalty imposed under § 12-27-12 , 12-27-16 (1), or 12-27-19 , the court may impose on any person, committee, or entity found in violation of § 12-27-12 , 12-27-16 (1) or 12-27-19 a civil penalty of five thousand dollars per violation to be deposited in the state general fund.

Source: SL 2019, ch 237 (Initiated Measure 24), § 2, eff. July 1, 2019; SL 2024, ch 16, § 5.
S.D. Codified Laws § 12-20-3 — SD Code / Title 12 / Chapter 20 / Section 12-20-3
Drawing of excess ballots
Status: in_force

Following the comparison of the pollbook and registration list in § 12-20-2 , if the ballots in the box exceed the number of names in the pollbook, the ballots shall be replaced in the box, after any of the ballots folded together are canceled, and one of the precinct deputies shall publicly draw therefrom as many ballots, unopened, as equal to the excess.

Source: SDC 1939, § 16.1701; SL 1993, ch 113, § 15; SL 1999, ch 69, § 41.
S.D. Codified Laws § 12-16-10 — SD Code / Title 12 / Chapter 16 / Section 12-16-10
Election of two or more candidates to same office--Official ballot
Status: in_force

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, § 16.1105 as added by SL 1964, ch 60, § 2; SL 1972, ch 87; SL 1976, ch 105, § 45; SL 1985, ch 112, § 2.
S.D. Codified Laws § 12-27-27 — SD Code / Title 12 / Chapter 27 / Section 12-27-27
Conditions requiring filing of amended statement or report--Time for filing--Violation as misdemeanor--Civil penalty
Status: in_force

Any treasurer or other person filing a statement or report pursuant to this chapter, shall file an amended statement or report within seven days of discovering any omission, inaccuracy, or other change necessary to make the statement or report accurate. A person responsible for filing a statement or report pursuant to this chapter, who willfully fails to report a material change or correction, is guilty of a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor. A person responsible for filing a statement or report pursuant to this chapter, who willfully fails to file an amendment pursuant to this section is subject to the administrative penalty in § 12-27-29.1 beginning on the first day following the seventh day after the candidate, treasurer, or other person is notified of the omission, inaccuracy, or other change necessary to make the statement or report accurate.

Source: SL 2007, ch 80, § 27; SL 2008, ch 67, § 9; SL 2017, ch 71, § 29.
S.D. Codified Laws § 12-26-29 — SD Code / Title 12 / Chapter 26 / Section 12-26-29
Prevention of unlawful election not prohibited
Status: in_force

Nothing in this chapter shall be construed to authorize the punishment of any person who, by authority of law, may interfere to prevent or regulate an election which has been unlawfully noticed or convened, or is being, or is about to be, unlawfully conducted.

Source: PenC 1877, § 92; CL 1887, § 6292; RPenC 1903, § 97; RC 1919, § 3681; SDC 1939, § 13.0902.
S.D. Codified Laws § 12-16-16.1 — SD Code / Title 12 / Chapter 16 / Section 12-16-16.1
Publication of facsimile ballots by counties using same legal newspaper
Status: in_force

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 ballot may be published simultaneously but separate from the common portion of the ballot and shall contain a description of who will vote on that portion of the ballot.

Source: SL 1991, ch 121, § 2.
S.D. Codified Laws § 12-5-3.9 — SD Code / Title 12 / Chapter 5 / Section 12-5-3.9
Certification of candidates or slates by state chairperson--Mandamus to compel certification--Hearing
Status: in_force

The state chairperson of the political party shall certify the candidates or slates to the secretary of state. If the state chairperson wrongfully refuses to certify any candidate or slate, the aggrieved candidate or slate of delegates and alternates is entitled to a writ of mandamus against the state chairperson pursuant to chapter 21-29 to compel certification. A hearing upon the writ shall be held within five days of the commencement of the action.

Source: SL 1976, ch 106, § 3; SDCL Supp, § 12-5-3.5; SL 1977, ch 107, § 4; SL 2007, ch 74, § 8.
S.D. Codified Laws § 12-26-35 — SD Code / Title 12 / Chapter 26 / Section 12-26-35
Deepfake--Injunction or other equitable relief
Status: in_force

The attorney general, a candidate who is injured or likely to be injured by the dissemination of a deepfake in violation of § 12-26-33 , or the individual depicted in a deepfake disseminated in violation of § 12-26-33 may seek injunctive or other equitable relief prohibiting the dissemination of the deepfake.

Source: SL 2025, ch 68, § 4.
S.D. Codified Laws § 12-27-31 — SD Code / Title 12 / Chapter 27 / Section 12-27-31
Forms to be adopted by secretary of state--Oath or affirmation
Status: in_force

The secretary of state shall adopt forms for statements of organization and campaign finance disclosure statements. Each person filing a statement of organization or campaign finance disclosure statement shall subscribe to an oath or affirmation verifying that the contents of the statement are true and correct to the best of the knowledge and belief of the signer.

Source: SL 2007, ch 80, § 31.
S.D. Codified Laws § 12-26-34 — SD Code / Title 12 / Chapter 26 / Section 12-26-34
Deepfake--Prohibition exceptions
Status: in_force

Section 12-26-33 does not apply:

(1) If the deepfake constitutes satire or parody;

(2) To a radio or television broadcasting system, or cable or satellite television operator, programmer, or producer that:

(a) Broadcasts a deepfake as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of a bona fide news event, if the broadcast clearly acknowledges through content or disclosure, in a manner easily heard or read by the average listener or viewer, that there are questions about the authenticity of the deepfake; or

(b) Is paid to broadcast or publish a deepfake;

(3) To an internet website or regularly published newspaper, magazine, or other periodical of general circulation, including an internet or electronic publication, that routinely carries news and commentary of general interest and is paid to publish or otherwise disseminate a deepfake; or

(4) To an internet computer service, as defined in 47 U.S.C. § 230 (January 3, 2024), internet service provider, domain provider, cloud service provider, or other provider that hosts, receives, transmits, stores, or provides access or connection to a website, network, system, or other content on the internet that features a deepfake, to the extent that the provider acts in a merely technical, automatic, or intermediate nature.

Source: SL 2025, ch 68, § 3.
S.D. Codified Laws § 12-4-6.1 — SD Code / Title 12 / Chapter 4 / Section 12-4-6.1
Effective date of voter registration
Status: in_force

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 and is dated by the deadline, the card shall be considered to be effective on the date which it was signed at the agency. If a card does not contain all of the information required by the form prescribed pursuant to § 12-4-6 or if the card contains information which is not correct, it shall be considered to be effective on the date all of the correct, required information is supplied to the county auditor.

Source: SL 1997, ch 78, § 1; SL 2005, ch 89, § 3.
S.D. Codified Laws § 12-4-41 — SD Code / Title 12 / Chapter 4 / Section 12-4-41
Limited use of voter registration information--Online access limited--Penalty
Status: in_force

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 file may not be placed for unrestricted access on the internet.

For the purposes of this section, "commercial purpose" does not include campaign or political polling activities.

For the purposes of this section, "sold" does not include any fee charged by the secretary of state for a paper copy of a list of registered voters, as provided in § 12-4-39 .

Any violation of this section is a Class 1 misdemeanor. In addition to any criminal sanctions, the court may impose a civil penalty not to exceed two thousand dollars for each violation. Any civil penalty collected pursuant to this section must be deposited in the general fund.

Source: SL 2001, ch 66, § 5; SL 2002, ch 72, § 3; SL 2017, ch 68, § 4; SL 2025, ch 60, § 5; SL 2026, ch 66, § 3.
S.D. Codified Laws § 12-19-11 — SD Code / Title 12 / Chapter 19 / Section 12-19-11
Preservation and return of application and return envelope
Status: in_force

The written application and official return envelope shall be preserved by the election officers and returned by them to the proper office together with the other election returns.

Source: SL 1913, ch 200, § 3; RC 1919, § 7228; SL 1925, ch 159, § 3; SL 1929, ch 114, § 2; SDC 1939, § 16.1608; SL 1941, ch 80; SL 1963, ch 110, § 3; SL 1970, ch 91, § 3.
S.D. Codified Laws § 12-21-28 — SD Code / Title 12 / Chapter 21 / Section 12-21-28
Identification of ballots disputed in two or more recounts--Substitution of memorandum describing ballot
Status: in_force

When upon consolidated recounts as described by § 12-21-22 it becomes necessary, under the provisions of this chapter, to identify and segregate the same ballot as disputed in two or more such recounts, such board shall determine and designate the recount as to which such ballot shall be segregated and sealed, but shall also identify it as an exhibit as to each of the other recounts, and in the sealed envelope in which disputed ballots are segregated in each of the other recounts, shall substitute in lieu of such ballot a memorandum briefly describing such ballot as to the question which is raised with reference thereto, how it has been identified as an exhibit, and the identification of the envelope in which it is sealed.

Source: SDC 1939, § 16.1833.
S.D. Codified Laws § 12-24A-2 — SD Code / Title 12 / Chapter 24A / Section 12-24A-2
Certificate of ascertainment of appointment--Vacancy after certification--Certificate of vote
Status: in_force

At least six days before the day designated by Congress for the election of the president and vice president of the United States, the Governor shall issue a certificate of ascertainment of appointment. The Governor shall certify the names of the individuals chosen at the general election to be electors and that the individuals chosen are to serve as electors unless a vacancy occurs, pursuant to § 12-24A-4 .

If a vacancy occurs in the office of elector after the Governor issues the certificate of ascertainment, a replacement elector must be selected pursuant to § 12-24A-5 . Upon the selection of a replacement elector, the Governor must immediately create and submit a new certificate of ascertainment stating the names of the final list of the state's electors in accordance with 3 U.S.C. § 5 (January 1, 2026). If the Governor is not present, the secretary of state must immediately create and submit the new certificate of ascertainment.

Any final certificate of vote must be signed by each elector on the final list and must be immediately transmitted with the final certificate of ascertainment pursuant to 3 U.S.C. §§ 9 to 11, inclusive (January 1, 2026).

Source: SL 2026, ch 74, §§ 6, 9, 10.
S.D. Codified Laws § 12-27-20 — SD Code / Title 12 / Chapter 27 / Section 12-27-20
Public funds to influence election outcome prohibited--Penalty
Status: in_force

The state, an agency of the state, and the governing body of any county, municipality, or other political subdivision of the state may not expend or permit the expenditure of public funds for the purpose of influencing the nomination or election of any candidate, or for the petitioning of a ballot question on the ballot or the adoption or defeat of any ballot question. This section may not be construed to limit the freedom of speech of any officer or employee of the state or any political subdivision who is speaking in the officer's or employee's personal capacity. This section does not prohibit the state, its agencies, or the governing body of any political subdivision of the state from presenting factual information solely for the purpose of educating the voters on a ballot question.

It is a Class 1 misdemeanor if the state, an agency of the state, or the governing body of any county, municipality, or other political subdivision expends one thousand dollars or more in public funds in violation of this section. It is a Class 6 felony if ten thousand dollars or more in public funds is expended in violation of this section.

Source: SL 2007, ch 80, § 20; SL 2017, ch 222 (Initiated Measure 22), § 19, eff. Nov. 16, 2016; SL 2017, ch 72, § 18, eff. Feb. 2, 2017; SL 2023, ch 54, § 1.
S.D. Codified Laws § 12-19-9 — SD Code / Title 12 / Chapter 19 / Section 12-19-9
Delivery of absentee ballot--Personal delivery when transmission time insufficient--Receipt
Status: in_force

An authorized messenger shall deliver the absentee ballot to the office of the person in charge of the election unless there is not sufficient time for the person in charge of the election to transmit the absentee ballot to the voter's home precinct or a vote center as prescribed by § 12-14-17 . In that instance, the authorized messenger shall personally deliver the absentee ballot to the precinct superintendent of the voter's home precinct. 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, § 2; SL 1929, ch 114, § 1; SDC 1939, § 16.0607; SL 1963, ch 110, § 2; SL 1970, ch 91, § 1; SL 1972, ch 90, § 3; SL 1974, ch 118, § 139; SL 1976, ch 105, § 66; SL 1979, ch 105, § 2; SL 1980, ch 115, § 6; SL 1983, ch 116, § 1; SL 1992, ch 115, § 6; SL 2006, ch 72, § 4; SL 2023, ch 51, § 9.
S.D. Codified Laws § 12-4-54 — SD Code / Title 12 / Chapter 4 / Section 12-4-54
Annual report--Secretary of state--Individuals removed from county voter registration list--Publication
Status: in_force

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, relocation to another jurisdiction, or as the result of an application for correction, pursuant to § 12-4-60 .

The content of the report must be published on the official website of the secretary of state.

Source: SL 2023, ch 44, § 15; SL 2024, ch 49, § 1; SL 2025, ch 61, § 7.
S.D. Codified Laws § 12-20-36 — SD Code / Title 12 / Chapter 20 / Section 12-20-36
Time for canvass--Governing board as canvassing board--Representatives for absent board members--Notice--Publication
Status: in_force

Within six calendar days after the close of any election, the officer in charge of the election, with the assistance of a majority of the governing board as the canvassing board, shall make the canvass of votes. Each member of the governing board may name and have on file with the officer in charge of the election a person to represent the member at the official canvass in the event of the member's absence for cause.

The person in charge of the election shall post the time and place of the canvass to the secretary of state's website.

Source: SDC 1939, § 16.1712; SL 1964, ch 62; SL 1971, ch 86, § 2; SL 1974, ch 118, § 166; SL 1985, ch 110, § 1A; SL 1986, ch 120; SL 1999, ch 72, § 3; SL 2006, ch 28, § 5; SL 2025, ch 65, § 3.
S.D. Codified Laws § 12-2-4 — SD Code / Title 12 / Chapter 2 / Section 12-2-4
Emergency extension of closing times--Reopening after extended emergency
Status: in_force

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 polling hours for that precinct until the emergency situation has been resolved. If the emergency situation is not resolved within two hours, except for a primary or general election, the polling place shall remain closed for one week and reopen at the time of the closure of the polling place.

Source: SL 1974, ch 122; SL 1997, ch 76, § 1; SL 2014, ch 70, § 1, eff. Feb. 19, 2014.
S.D. Codified Laws § 12-27-43 — SD Code / Title 12 / Chapter 27 / Section 12-27-43
Action for civil penalty for certain violations
Status: in_force

The attorney general may bring an action for a civil penalty against any person, political committee, political party, or organization that violates § 12-27-16 or 12-27-17 , in addition to any other penalties provided by law. The civil penalty may not exceed two thousand dollars for each violation.

Source: SL 2007, ch 80, § 44.
S.D. Codified Laws § 12-18-33 — SD Code / Title 12 / Chapter 18 / Section 12-18-33
Comparison of ballot accounting with record of number sent to precinct--Notice and correction of discrepancies
Status: in_force

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 the statement before mentioned, he shall at once notify the person sending the same, who shall, with such county auditor, recount the unused, defective, and spoiled ballots and correct, if possible, such errors, if any there be, in such count or statement.

Source: SL 1897, ch 60, § 33; RPolC 1903, § 1922; RC 1919, § 7272; SDC 1939, § 16.1208.
S.D. Codified Laws § 12-26-24 — SD Code / Title 12 / Chapter 26 / Section 12-26-24
Exclusion by precinct superintendent or precinct deputy of lawful vote as misdemeanor
Status: in_force

A precinct superintendent or precinct deputy who intentionally excludes any vote duly tendered, knowing that the person offering the same is lawfully entitled to vote at the election, is guilty of a Class 2 misdemeanor.

Source: SDC 1939, § 13.0926; SL 1974, ch 118, § 198; SL 1982, ch 86, § 128; SL 1999, ch 69, § 51.
S.D. Codified Laws § 12-22-27 — SD Code / Title 12 / Chapter 22 / Section 12-22-27
Depositions in legislative contest--Filing with secretary of state
Status: in_force

At any time after the service of the notice of such contest, the person serving the same may proceed to take depositions as hereinafter provided, and the person to whom a notice is given may proceed to take such depositions as soon as he serves his answer. Such depositions shall be taken with the same notice and under the same procedure and subject to the same conditions, so far as applicable, as depositions in a civil action, and shall be returned by the officer taking the same to the secretary of state, and filed in the Office of the Secretary of State, who shall be authorized to open the same at the instance of either party, his attorney, or agent.

Source: SDC 1939, § 16.1918.
S.D. Codified Laws § 12-22-13 — SD Code / Title 12 / Chapter 22 / Section 12-22-13
Designation of defendants in contest of presidential election
Status: in_force

In case of commencement of a contest involving presidential electors, prior to the official canvass, the plaintiff or plaintiffs must in good faith designate as defendants all candidates for such electors as shall have received a sufficient number of votes so there is a reasonable chance of their election.

Source: SDC 1939, § 16.1910.
S.D. Codified Laws § 12-21-49 — SD Code / Title 12 / Chapter 21 / Section 12-21-49
Form and contents of petition for certiorari
Status: in_force

The petition for the writ, if involving a nomination or election as to any office or position, shall denominate the candidate seeking the review as plaintiff, and shall name the candidate or candidates declared elected as defendants. If the petition seeks a review as to a determination of any submitted or referred question, it shall be entitled: "In the matter of petition for writ of certiorari as to determination of election on (specifying the question submitted or referred)." In any case the petition shall concisely set forth the nature of the election involved, the result thereof as pronounced by the official returns, the basis for and proceedings had upon the recount, the respects in which any county recount board, or other authority, is claimed to have exceeded its jurisdiction, and a brief summarized statement of the particulars in which it is claimed any county recount board, or other authority, has misapplied the law in the determination of questions concerning disputed ballots.

Source: SDC 1939, § 16.1820.
S.D. Codified Laws § 12-1-3 — SD Code / Title 12 / Chapter 1 / Section 12-1-3
12-1-3. Definitions
Status: in_force

Terms used in this title mean:

(1) "Ballot question committee," as defined by § 12-27-1 ;

(2) "Candidate," a person whose name is on the ballot or who is entitled to be on the ballot to be voted upon for nomination or election at any election;

(3) "Election," any election held under the laws of this state;

(4) "Election officials," state and local officials charged with the duty of conducting elections and the canvass of returns;

(5) "Elector," a person qualified to register as a voter, whether or not the person is registered;

(6) "Electronic pollbook," an electronic system containing both the registration list and pollbook;

(7) "General election," the vote required to be taken in each voting precinct of the state on the first Tuesday after the first Monday in November of each even-numbered year;

(8) "Paid circulator," any person who receives money or anything of value for collecting signatures for a petition;

(9) "Party office," an office of a political party organization as distinct from a public office;

(10) "Person in charge of an election," or "person charged with the conduct of an election," the county auditor in all cases except local elections for a municipality, school district, township, or other political subdivision, in which case it is the officer having the position comparable to the auditor in that unit of government if not specifically designated by law;

(11) "Petition," a form prescribed by the State Board of Elections, which contains the question or candidacy being petitioned, the declaration of candidacy if required and the verification of the circulator. If multiple sheets of paper are necessary to obtain the required number of signatures, each sheet shall be self-contained and separately verified by the circulator;

(12) "Petition circulator," a resident of the State of South Dakota as defined under § 12-1-4 , who is at least eighteen years of age who circulates nominating petitions or other petitions for the purpose of placing candidates or issues on any election ballot;

(13) "Political party," beginning with the 2014 general election and each general election thereafter, a party whose candidate for any statewide office received at least two and one-half percent of the total votes cast for that statewide office in either of the two previous general election cycles;

(14) "Pollbook" or "poll list," a list containing in numerical order the names of all persons voting at the election and type of ballot voted;

(15) "Polling place," a designated place voters may go to vote;

(16) "Poll watcher," a person chosen to observe the conduct of an election by a candidate, political party, or ballot question committee;

(17) "Primary" or "primary election," an election held at which candidates are nominated for public office;

(18) "Public office," an elected position in government;

(19) "Registration list," a list of eligible voters;

(20) "Registered mail," does not include certified mail;

(21) "Registration officials," the county auditor and deputies and other persons authorized to assist in registration pursuant to chapter 12-4 ;

(22) "Vote center," a polling place when the precinct has been defined as the entire jurisdiction and an electronic pollbook is utilized;

(23) "Voter," a person duly registered to vote or one who is performing the act of voting;

(24) "Independent (IND)" or "no party affiliation (NPA)," any currently registered voter who writes independent, I, Ind, no party affiliation, no party, no choice, nonpartisan, or line crossed off in the choice of party field on the voter registration form and any individual who is not currently registered to vote who leaves the choice of party field blank on the voter registration form;

(25) "Independent candidate," notwithstanding the definition of independent as stated in this chapter, any registered voter regardless of party affiliation who declares to be an independent candidate for public office pursuant to this chapter;

(26) "Other," any voter who writes a political party not recognized in South Dakota in the choice of party field on the voter registration form.

Source: Source: SDC 1939, §§ 16.0102, 16.0601; SL 1973, ch 67, § 3; SL 1974, ch 118, § 2; SL 1978, ch 92, § 1; SL 1986, ch 114, § 1; SL 1989, ch 23, § 7; SL 1993, ch 109, § 1; SL 2000, ch 19, § 4; SL 2005, ch 93, § 5; SL 2007, ch 78, § 2; SL 2012, ch 84, § 4, eff. Feb. 23, 2012; SL 2015, ch 77, § 22 rejected Nov. 8, 2016; SL 2016, ch 23, § 4; SL 2016, ch 75, § 1, eff. Feb. 18, 2016; SL 2017, ch 2, § 7; SL 2018, ch 73, § 1, eff. Mar. 21, 2018; SL 2018, ch 22, § 2; SL 2018, ch 72, § 1, eff. July 1, 2019; SL 2024, ch 47, § 1.
S.D. Codified Laws § 12-1-9.1 — SD Code / Title 12 / Chapter 1 / Section 12-1-9.1
Ranked choice voting prohibited
Status: in_force

The State Board of Elections may not authorize and a political subdivision may not adopt or enforce in any manner a rule, resolution, charter provision, or ordinance establishing a system of voting for any office where:

(1) Voters rank candidates in order of preference;

(2) Tabulation proceeds in rounds where in each round either a candidate is elected or the last-place candidate is eliminated;

(3) Votes are transferred from elected or eliminated candidates to the voter's next-ranked candidate in order of preference; and

(4) Tabulation ends when a candidate receives the majority of votes cast or the number of candidates elected equals the number of offices to be filled.

Source: SL 2023, ch 43, § 1.
S.D. Codified Laws § 12-16-5 — SD Code / Title 12 / Chapter 16 / Section 12-16-5
Order of offices placed on ballot
Status: in_force

The names of the candidates shall be placed upon the ballot in the following order: presidential electors, if any, United States Senator, if any, Representatives in Congress, state officials, legislative, and county candidates.

Source: SL 1925, ch 160; SL 1929, ch 116, § 1; SDC 1939, § 16.1105 (3).
S.D. Codified Laws § 12-18-1.2 — SD Code / Title 12 / Chapter 18 / Section 12-18-1.2
Specific duties of precinct superintendent
Status: in_force

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 receiving the official ballots. The duties for each person may be interchanged or rotated during the course of the day.

Source: SDC 1939, §§ 16.0223, 16.1006; SDCL, §§ 12-6-25, 12-18-12 ; SL 1972, ch 82, § 7; SL 1974, ch 118, § 106; SL 1989, ch 130; SL 1994, ch 107, § 27; SL 1999, ch 69, § 23.
S.D. Codified Laws § 12-16-35 — SD Code / Title 12 / Chapter 16 / Section 12-16-35
Listing of candidates and submitted questions on tally sheets
Status: in_force

The names of candidates and all questions submitted to the voters shall be listed in the perpendicular column at the left of the tally sheet as required by § 12-16-34 .

Source: SDC 1939, § 16.1109 as added by SL 1961, ch 101, § 1.
S.D. Codified Laws § 12-19-53 — SD Code / Title 12 / Chapter 19 / Section 12-19-53
Contracting for services of county auditor from another county
Status: in_force

If a county contracts for the services of a county auditor from another county, that county auditor shall make absentee ballots available in the contracting county if the contracting county requests that absentee ballots be provided. The contracting county shall reimburse the county auditor for the costs incurred pursuant to this section.

Source: SL 1992, ch 115, § 9.
S.D. Codified Laws § 12-6-55 — SD Code / Title 12 / Chapter 6 / Section 12-6-55
Withdrawal by nominee--Time and place of filing
Status: in_force

Any person nominated to any elective office may cause that person's name to be withdrawn from nomination by request in writing, subscribed and sworn to by that person before any officer qualified to administer oaths and take acknowledgments. The request shall be filed with the officer with whom the nominating petition was filed pursuant to § 12-6-4 , not later than the first Tuesday in August at 5:00 p.m. before the next election. No person's name withdrawn under this section may be printed upon the ballots for that office unless the same person is subsequently selected to fill the vacancy in accordance with § 12-6-56 .

Source: SL 1897, ch 60, § 12; RPolC 1903, § 1909; SL 1918 (SS), ch 44, § 2; SL 1918 (SS), ch 46, § 4; RC 1919, § 7206; SL 1929, ch 117, § 2; SL 1935, ch 109, § 2; SL 1937, ch 124, § 2; SDC 1939, § 16.0245; SL 1961, ch 95; SL 1971, ch 87, § 5; SL 1973, ch 74, § 11; SL 1978, ch 99, § 1; SL 1979, ch 97, § 1; SL 2019, ch 74, § 1.
S.D. Codified Laws § 12-4-63 — SD Code / Title 12 / Chapter 4 / Section 12-4-63
Voter registration challenge--Recordkeeping
Status: in_force

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.
S.D. Codified Laws § 12-27-16 — SD Code / Title 12 / Chapter 27 / Section 12-27-16
Statements and disclaimers regarding independent communication expenditures--No control by candidate or political committee--Violation as misdemeanor
Status: in_force

The following apply to independent communication expenditures by persons and entities related to communications concerning candidates, public office holders, ballot questions, or political parties who are not controlled by, coordinated with, requested by, or made upon consultation with that candidate, political committee, or agent of a candidate or political committee:

(1) Any person or entity that makes a payment or promise of payment totaling more than one hundred dollars, including donated goods or services for an independent communication expenditure that concerns a candidate, public office holder, ballot question, or political party shall append to or include in each communication a disclaimer that clearly and forthrightly:

(a) Identifies the person or entity making the independent communication expenditure for that communication;

(b) States the mailing address and website address, if applicable, of the person or entity; and

(c) If an independent expenditure is undertaken by an entity not including a candidate, public office holder, political party, or political committee, the following notation must be included: "Top Five Contributors," including a listing of the names of the five persons making the largest contributions in aggregate to the entity during the twelve months preceding that communication. An independent communication expenditure made by a person or entity shall include the following: "This communication is independently funded and not made in consultation with any candidate, public office holder, or political committee.".

A violation of this subdivision is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor;

(2) Any person or entity making a payment or promise of payment of more than one hundred dollars, including donated goods and services, for a communication described in subdivision (1) shall file an independent communication expenditure statement within forty-eight hours of the time that the communication is disseminated, broadcast, or otherwise published;

(3) The independent communication expenditure statements required by this section shall:

(a) Identify the person or entity making the expenditure;

(i) Including mailing address, city, and state of a person; or

(ii) If an entity, the mailing address, city, and state, and website address if applicable; and

(iii) Identify any expenditures made for communications described in subdivision (1) during the current calendar year but not yet reported on a prior statement, the name of each candidate, public office holder, ballot question, or political party mentioned or identified in each communication, the amount spent on each communication, and a description of the content of each communication; and

(b) For an entity, the independent communication expenditure statement shall also include the name and title of the person filing the report, the name of its chief executive, if any, and the name of the person who authorized the expenditures on behalf of the entity;

(4) For an entity whose majority ownership is owned by, controlled by, held for the benefit of, or comprised of twenty or fewer persons, partners, owners, trustees, beneficiaries, participants, members, or shareholders, the statement shall identify by name and mailing address each person, partner, owner, trustee, beneficiary, participant, shareholder, or member who owns, controls, or comprises ten percent or more of the entity;

(5) An entity shall also provide statements, as defined in subdivision (3), for any of its partners, owners, trustees, beneficiaries, participants, members, or shareholders identified pursuant to subdivision (4) that are owned by, controlled by, held for the benefit of, or comprised of twenty or fewer persons, partners, owners, trustees, beneficiaries, participants, members, or shareholders, until no entity identified in the statements meets the ownership test set forth in subdivision (4); and

(6) For purposes of this section, the term, communication, does not include:

(a) Any news article, editorial endorsement, opinion or commentary writing, or letter to the editor printed in a newspaper, magazine, flyer, pamphlet, or other periodical not owned or controlled by a candidate or political committee;

(b) Any editorial endorsement or opinion aired by a broadcast facility not owned or controlled by a candidate or political committee;

(c) Any communication by a person made in the regular course and scope of the person's business or ministry or any communication made by a membership entity solely to members of the entity and the members' families;

(d) Any communication that refers to any candidate only as part of the popular name of a bill or statute; and

(e) Any communication used for the purpose of polling if the poll question does not expressly advocate for or against a candidate, public office holder, ballot question, or political party.

Source: SL 2007, ch 80, § 16; SL 2010, ch 76, § 6, eff. Mar. 25, 2010; SL 2013, ch 67, § 1; SL 2017, ch 222 (Initiated Measure 22), § 16, eff. Nov. 16, 2016; SL 2017, ch 72, § 15, eff. Feb. 2, 2017; SL 2017, ch 71, § 15.
S.D. Codified Laws § 12-20-21.2 — SD Code / Title 12 / Chapter 20 / Section 12-20-21.2
Write-in votes not to be counted--Other votes on ballot
Status: in_force

If a name is written on a ballot in an attempt to cast a write - in - vote, the write - in vote may not be counted. However, all other votes for which the voter's intent may be determined shall be counted.

Source: SL 2002, ch 76, § 5.
S.D. Codified Laws § 12-20-51 — SD Code / Title 12 / Chapter 20 / Section 12-20-51
Disputes decided by majority of state canvassers--Irregularities disregarded
Status: in_force

A majority of the members of the State Canvassing Board shall decide all matters of dispute, and it shall be their duty to disregard all technicalities and misspelling, the use of initial letters or abbreviations of the names of candidates, if it can be ascertained from the returns for whom the votes were intended.

Source: SL 1890, ch 84, § 11; RPolC 1903, § 1954; RC 1919, § 7301; SL 1937, ch 119, § 2; SDC 1939, § 16.1721.
S.D. Codified Laws § 12-13-26.2 — SD Code / Title 12 / Chapter 13 / Section 12-13-26.2
Appeal of determination--Time limits--Promulgation of court rules
Status: in_force

If the secretary of state does not certify a proposal for an initiated amendment to the South Dakota Constitution pursuant to § 12-13-26.1 or an initiated measure pursuant to § 12-13-26.3 , any interested party may directly appeal the secretary of state's decision to the Supreme Court within fifteen days of the secretary of state publishing notice of the decision not to certify on the secretary of state's website.

Any interested party may directly appeal the secretary of state's certification of a proposal for an initiated amendment to the Constitution pursuant to § 12-13-26.1 or an initiated measure pursuant to § 12-13-26.3 to the Supreme Court within fifteen days of the secretary of state publishing notice of certification on the secretary of state's website.

The Supreme Court shall promulgate rules, pursuant to chapter 16-3 , defining the procedures for an appeal taken under this section.

Source: SL 2021, ch 64, § 4, eff. Mar. 18, 2021; SL 2023, ch 48, § 2; SL 2025, ch 63, § 2.
S.D. Codified Laws § 12-4-40 — SD Code / Title 12 / Chapter 4 / Section 12-4-40
Identification of duplicate voter registration--Notification
Status: in_force

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 master registration file contains the oldest duplicate registration and such county shall remove the person from the voter registration file. If the secretary of state has identified a potential duplicate voter registration, the secretary of state shall notify the person registered in the county whose official master registration file contains the oldest potential duplicate registration. The secretary of state shall notify such person in a manner consistent with the provisions of § 12-4-19.1 .

Source: SL 2001, ch 66, § 4.
S.D. Codified Laws § 12-5-26 — SD Code / Title 12 / Chapter 5 / Section 12-5-26
New party nomination of candidates
Status: in_force

A new political party may nominate a candidate for United States Senate, United States House of Representatives, Governor, and any legislative seat by convention, if the nomination is submitted with the proper documentation to the Office of the Secretary of State no later than 5:00 p.m. central time on the second Tuesday in August, of the year of the election.

Source: SL 2018, ch 74, § 6, eff. Mar. 23, 2018.
S.D. Codified Laws § 12-21-3 — SD Code / Title 12 / Chapter 21 / Section 12-21-3
Notice of appointment and time and place of recount--Notice to candidates
Status: in_force

The judge shall immediately give notice to the members of the recount board of their appointment to such board, and the time and the place of the recount as prescribed in § 12-21-20 , and, immediately after such appointment, he shall notify all candidates for public office subject to recount of the names of the recount referee and the additional members of the recount board, and the time and place of the recount.

Source: SDC 1939, § 16.1808 as added by SL 1959, ch 98; SL 1969, ch 82, § 2; SL 1974, ch 118, § 171.
S.D. Codified Laws § 12-19-55 — SD Code / Title 12 / Chapter 19 / Section 12-19-55
Receipt of payment for assisting voters based on number of voters assisted prohibited--Violation as misdemeanor
Status: in_force

No person may receive any wages, reward, or compensation for assisting voters based on the number of voters assisted. Nothing in this section prohibits any person from being employed on an hourly or salaried basis to assist voters. Any violation of this section is a Class 1 misdemeanor.

Source: SL 2005, ch 91, § 4; SL 2023, ch 51, § 19.
S.D. Codified Laws § 12-20-6 — SD Code / Title 12 / Chapter 20 / Section 12-20-6
Unstamped ballots not counted
Status: in_force

In the counting of the votes any ballot which is not endorsed as provided in § 12-18-12 by the official stamp shall be void and may not be counted.

Source: SL 1897, ch 60, § 35; RPolC 1903, § 1929; RC 1919, § 7278; SDC 1939, § 16.1703; SL 1993, ch 118, § 22.
S.D. Codified Laws § 12-1-21 — SD Code / Title 12 / Chapter 1 / Section 12-1-21
Complaints filed under the Help America Vote Act
Status: in_force

The State Board of Elections shall resolve any complaint filed under Section 402 of the Help America Vote Act of 2002, as of January 1, 2003, in accordance with the contested case provisions of chapter 1-26 . The complaint shall be signed, notarized, and filed with the secretary of state. The board shall resolve the complaint within ninety days of its filing. The State Board of Elections may promulgate rules, pursuant to chapter 1-26 , governing the procedure for the complaint process.

Source: SL 2003, ch 83, § 16; SDCL, § 12-4-42 .
S.D. Codified Laws § 12-20-5.1 — SD Code / Title 12 / Chapter 20 / Section 12-20-5.1
Determination of validity of provisional ballots
Status: in_force

Prior to the official canvass, the person in charge of the election shall determine if the person voting by provisional ballot was legally qualified to vote in the precinct in which the provisional ballot was cast. In making this determination, the person in charge of the election shall consider the information provided on the affirmation and diligently investigate the voter registration status of the person. If there is no evidence that a voter registration form had been completed by the person showing a residence address in that precinct and returned to an official voter registration site prior to the deadline to register to vote for the election, the provisional ballot is invalid.

Source: SL 2003, ch 83, § 4.
S.D. Codified Laws § 12-5-1.3 — SD Code / Title 12 / Chapter 5 / Section 12-5-1.3
Notice to county auditors of party rules affecting elections
Status: in_force

It shall be the duty of the secretary of state to promptly notify the county auditor of each county of the effect of any provision of a party Constitution or bylaw which affects an election to be conducted.

Source: SL 1974, ch 118, § 27.
S.D. Codified Laws § 12-21-23 — SD Code / Title 12 / Chapter 21 / Section 12-21-23
Majority vote of county recount board--Quorum
Status: in_force

All questions arising on such recount shall be determined by majority vote of such board, and at least two members of such board shall be present at all times. When only two members are present, the presence of the third member may be required for the purpose of determining any disputed question on which the two members present are unable to agree.

Source: SDC 1939, § 16.1810.
S.D. Codified Laws § 12-1-30 — SD Code / Title 12 / Chapter 1 / Section 12-1-30
Grounds to vacate resolution--New arbitrator
Status: in_force

Within ten days of pronouncement, the circuit court may vacate a resolution pronouncement if:

(1) The resolution was procured by corruption, fraud, or other undue means;

(2) There was evident partiality or corruption by the arbitrator or misconduct prejudicing the rights of any party;

(3) The arbitrator exceeded his or her power; or

(4) The arbitrator refused to hear evidence material to the controversy or conducted the hearing as to prejudice substantially the rights of a party.

If the resolution pronouncement is vacated, the circuit court shall appoint a new arbitrator to resolve the dispute in the manner provided in §§ 12-1-21 to 12-1-30 , inclusive.

Source: SL 2003, ch 83, § 25; SDCL, § 12-4-51 .
S.D. Codified Laws § 12-1-33 — SD Code / Title 12 / Chapter 1 / Section 12-1-33
Exception for registered sex offender circulating petition under supervision
Status: in_force

The provisions of § 12-1-32 do not apply, if the registered sex offender circulating or assisting in circulating petitions under circumstances where the registered sex offender is in the employ of, and under the immediate supervision of, another person and where the circumstances preclude any contact with children.

Source: SL 2012, ch 80, § 2.
S.D. Codified Laws § 12-22-17 — SD Code / Title 12 / Chapter 22 / Section 12-22-17
Hearing on contest--Default judgment prohibited
Status: in_force

After answer has been interposed or after time for answer has expired, and when no answer is interposed, the court on application of any party, and on five days' notice to all other parties, unless the court for cause shall shorten such time, shall conduct a hearing on which a date for trial shall be fixed, which date shall be as early as reasonably possible, and the procedure to be followed determined, with full power in the court to provide for any and all of the matters specified in § 12-22-10 . No judgment shall be entered by default, and if no answer is interposed, the court shall nevertheless proceed to determine the relevant and material facts.

Source: SDC 1939, § 16.1914.
S.D. Codified Laws § 12-21-19 — SD Code / Title 12 / Chapter 21 / Section 12-21-19
Joint petition by defeated candidates
Status: in_force

In any case where a voter may vote for two or more persons for the same office, nomination, or position, such as members of the Legislature, delegates to a convention, or presidential electors, and more than one defeated candidate desires such recount, such candidates may at their option file joint instead of individual petitions under this chapter.

Source: SDC 1939, § 16.1807.
S.D. Codified Laws § 12-14-2 — SD Code / Title 12 / Chapter 14 / Section 12-14-2
Boundaries to be clearly defined in resolution
Status: in_force

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; SL 1919, ch 186, § 2; SDC 1939, § 16.0801; SL 1959, ch 94; SL 1974, ch 118, § 61.
S.D. Codified Laws § 12-4-1.2 — SD Code / Title 12 / Chapter 4 / Section 12-4-1.2
Voter registration form--Certification
Status: in_force

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 resident of the state of South Dakota;

(4) Has not been judged mentally incompetent;

(5) Is not currently serving a sentence for a felony conviction; and

(6) Authorizes the cancellation of a previous registration, if applicable.

Source: SL 2023, ch 42, § 4; SL 2025, ch 57, § 3.
S.D. Codified Laws § 12-16-9 — SD Code / Title 12 / Chapter 16 / Section 12-16-9
Form for official ballot at general election
Status: in_force

The form of the official general election ballot shall be prescribed by the State Board of Elections in accordance with other provisions of the law.

Source: SL 1925, ch 160; SL 1929, ch 116, § 2; SDC 1939, § 16.1105 (5); SL 1964, ch 60, § 2; SL 1974, ch 118, § 74; SL 1976, ch 105, § 44.
S.D. Codified Laws § 12-21-51 — SD Code / Title 12 / Chapter 21 / Section 12-21-51
Service of writ of certiorari--Persons on whom served
Status: in_force

Such writ shall forthwith be served personally, or by registered or certified mail, on each county auditor as to any county where the county recount board or such auditor is claimed to have exceeded jurisdiction, and in the same manner upon the secretary of state in case the secretary of state, or the State Board of Canvassers, is claimed to have exceeded jurisdiction. Only one writ need be issued, and shall be sufficient irrespective of the number of officials, boards, or tribunals from which certification of records or proceedings may be required. The writ and petition shall also be served forthwith upon all defendants named in case the proceeding involves election or nomination to any office or position, and upon the attorney general, in case the proceeding involves a submitted or referred question voted upon in more than one county. In any case where the proceeding involves the vote upon a submitted or referred question within a single county, the court shall in the writ direct additional service of the writ and petition on such officer or officers, or person or persons, whom the court believes might be interested in resisting the relief asked.

Source: SDC 1939, § 16.1821.
S.D. Codified Laws § 12-17B-16 — SD Code / Title 12 / Chapter 17B / Section 12-17B-16
Recount procedures
Status: in_force

Automatic tabulating equipment must be tested prior to a recount or election contest as provided in §§ 12-17B-5 to 12-17B-5 .2, inclusive, and then the official ballots must be recounted. The recount board shall certify the new returns printed by the automatic tabulating equipment as the official returns for the election. The person in charge of the election shall sign and seal the new returns printed by the automatic tabulating equipment and make the new returns public.

Source: SL 1994, ch 110, § 20; SL 2023, ch 49, § 4.
S.D. Codified Laws § 12-20-11 — SD Code / Title 12 / Chapter 20 / Section 12-20-11
Entry of precinct vote on unofficial return list--Return with election returns
Status: in_force

When the vote count is complete, the members of the precinct election board shall enter upon the blank list the true number of votes cast in the precinct for each person, measure, law, or amendment which appears upon the official ballot, and shall enclose the completed list in the envelope described in § 12-20-10 . The precinct superintendent or precinct deputy chosen to deliver the election returns to the officer in charge of the election shall return the completed list separate from any other envelopes or wrappers returned at the time the election returns are delivered.

Source: SDC 1939, § 16.1723; SL 1974, ch 118, § 155; SL 1993, ch 118, § 23; SL 1999, ch 69, § 44.
S.D. Codified Laws § 12-16-25 — SD Code / Title 12 / Chapter 16 / Section 12-16-25
Posting of instruction cards and posters in polling place
Status: in_force

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: SDC 1939, § 16.1107; SL 1999, ch 69, § 17; SL 2006, ch 28, § 2.
S.D. Codified Laws § 12-17B-2 — SD Code / Title 12 / Chapter 17B / Section 12-17B-2
Requirements for automatic tabulating, electronic ballot marking, and election voting equipment systems--Approval of changes or modifications
Status: in_force

Any automatic tabulating or electronic ballot marking system used in an election shall enable the voter to cast a vote for all offices and on all measures on which the voter is entitled to vote. No automatic tabulating, electronic ballot marking, or election voting equipment system may be connected to the internet. No ballot marking device may save or tabulate votes marked on any system. Each system shall fulfill the requirements for election assistance commission standards certification and be approved by the State Board of Elections prior to distribution and use in this state. No system may be approved unless the system fulfills the requirements as established by the State Board of Elections. Any changes or modifications to an approved system shall be approved by the State Board of Elections prior to distribution and use.

Source: SL 1994, ch 110, § 6; SL 2005, ch 92, § 3; SL 2018, ch 81, § 2, eff. Feb. 5, 2018.
S.D. Codified Laws § 12-3-6 — SD Code / Title 12 / Chapter 3 / Section 12-3-6
Counties covered by Voting Rights Act Amendments--Designation by federal agencies--Notice from secretary of state
Status: in_force

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 governed by the provisions of §§ 12-3-6 to 12-3-13 , inclusive. The secretary of state shall notify those affected counties that they are covered by the provisions of Public Law 94-73.

Source: SL 1976, ch 104, § 1.
S.D. Codified Laws § 12-19-2.1 — SD Code / Title 12 / Chapter 19 / Section 12-19-2.1
Application in person or by authorized messenger--Ballot delivery by messenger or mail
Status: in_force

At any time prior to an election, a voter may apply for an absentee ballot in person at the office of and to the person in charge of the election during regular office hours or until five p.m. on the day before the election, whichever is later. If the voter applies in person, the voter must complete a combined absentee ballot application/return envelope and show the person in charge of the election the voter's identification card as required in § 12-18-6.1 or complete the affidavit as provided in § 12-18-6.2 .

In the event of confinement because of sickness or disability, a qualified voter may apply in writing pursuant to the provisions of § 12-19-2 and obtain an absentee ballot by authorized messenger designated over the signature of the voter. The person in charge of the election shall provide the ballot to be delivered to the qualified voter to the authorized messenger. An application to have a ballot delivered by authorized messenger must be received by the person in charge of the election before three p.m. on the day of the election. If the application designating an authorized messenger also indicates a request for an absentee ballot for any future election, the absentee ballot must be mailed to the address provided on the application. If no address is provided, the ballot must be mailed to the person's voter registration address.

Source: SL 1980, ch 115, § 3; SL 1983, ch 114; SL 2003, ch 82, § 4; SL 2005, ch 93, § 1; SL 2006, ch 72, § 3; SL 2012, ch 85, § 1; SL 2013, ch 66, § 3; SL 2024, ch 51, § 1, eff. Mar. 14, 2024.
S.D. Codified Laws § 12-6-4 — SD Code / Title 12 / Chapter 6 / Section 12-6-4
Petition to place candidate's name on primary ballot--Time and place of filing
Status: in_force

Except as otherwise provided by § 12-5-4 and chapter 12-9 , a candidate for nomination or election to any office, other than a presidential election, may not have the candidate's name printed on the official primary election ballot of the candidate's political party, unless a petition has been filed on the candidate's behalf after December thirty-first, but before five p.m. local time on the third Tuesday of March before the date of the primary election.

A nominating petition must be filed:

(1) With the secretary of state, for:

(a) A legislative or judicial office; and

(b) Any office to be voted on by the voters of more than one county; and

(2) With the auditor of the county in which the individual is a candidate, for all county offices.

Source: SDC 1939, § 16.0210; SL 1939, ch 75; SL 1957, ch 83, § 1; SL 1961, ch 93, § 1; SL 1971, ch 84; SL 1973, ch 74, § 3; SL 1977, ch 108, § 1; SL 1986, ch 115, § 5; SL 1997, ch 75, § 6; SL 2007, ch 81, § 9; SL 2015, ch 77, § 1 rejected Nov. 8, 2016; SL 2017, ch 69, § 2; SL 2026, ch 35, § 5.
S.D. Codified Laws § 12-14-16 — SD Code / Title 12 / Chapter 14 / Section 12-14-16
Campaign signs at nonpublicly-owned polling place
Status: in_force

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 prohibit signs from any particular campaign.

Source: SL 2007, ch 73, § 2.
S.D. Codified Laws § 12-21-26 — SD Code / Title 12 / Chapter 21 / Section 12-21-26
Candidates' right to witness recount--Witnesses to recount on submitted question
Status: in_force

Each candidate for any office, nomination, or position involved in any such recount may appear, personally or by a representative, and shall have full opportunity to witness the opening of all ballot boxes and the count of all ballots. If the recount is upon a referred or submitted question, any registered voter of the state favoring either side as to such question may be present and represent such side, and if more than one person favoring such side is present, they shall designate one of their number to represent such side, who shall have full opportunity to witness the opening of all ballot boxes and the recount of all ballots.

Source: SDC 1939, § 16.1810; SL 1974, ch 118, § 179.
S.D. Codified Laws § 12-27-19 — SD Code / Title 12 / Chapter 27 / Section 12-27-19
Statements required for entity to make contribution to ballot question committee--Disclosure of information by committee--Violation as misdemeanor
Status: in_force

Before making a contribution to a ballot question committee pursuant to § 12-27-18 , an entity shall provide to the ballot question committee the following:

(1) The name or fictitious name of the entity;

(2) The mailing address of the entity's office;

(3) The name and mailing address of each owner or each director and officer of the entity;

(4) The committee name the contribution was given to, the date, and the amount of the contribution; and

(5) The name and mailing address of the person authorizing the contribution.

These requirements do not apply to any donated goods or services.

Before contributing more than ten thousand dollars in the aggregate to a ballot question committee pursuant to § 12-27-18 , an entity shall provide to the ballot question committee a sworn written statement made by the president and treasurer of the entity declaring and affirming, under the penalty of perjury, the following:

(1) The name and street address of every person who owns ten percent or more of the entity, has provided ten percent or more of the entity's gross receipts, including capital contributions, in the current or preceding year, or has provided ten percent or more of the funds being contributed to the ballot question committee; and

(2) That no part of the contribution was raised or collected by the entity for the purpose of influencing the ballot question.

A ballot question committee shall disclose in its applicable campaign financial disclosure statement or supplement statement all information received from any entity pursuant to this section. No ballot question committee may accept any contribution from any entity not preceded or accompanied by the statements required by this section. Except as provided by § 22-29-1 , violation of this section is a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.

Source: SL 2007, ch 80, § 19; SL 2009, ch 66, § 1; SL 2017, ch 71, § 20; SL 2018, ch 87, § 1.
S.D. Codified Laws § 12-24-3 — SD Code / Title 12 / Chapter 24 / Section 12-24-3
12-24-3. Notice to and powers of elector chosen to fill vacancy
Status: in_force

Immediately after such choice is made, the name of the person so chosen shall forthwith be certified to the Governor by the electors making such choice; and the Governor shall cause notice to be immediately given, in writing, to the elector chosen to fill such vacancy; and the person so chosen shall be an elector and shall meet the other electors at the same time and place, and then and there discharge all and singular the duties enjoined upon him as an elector by the Constitution and laws of the United States and of this state.