S.D. Codified Laws § 12-27-22 — SD Code / Title 12 / Chapter 27 / Section 12-27-22
Campaign finance disclosure statements--Filing requirements--Termination--Penalty
Status: in_force

The treasurer of a political committee listed below shall file the following campaign finance disclosure statements with the secretary of state:

(1) For a candidate or candidate campaign committee for any statewide office:

(a) A pre-primary statement;

(b) A pre-general statement;

(c) An annual year-end statement;

(d) A supplemental report as provided in § 12-27-28 , if applicable; and

(e) If applicable, amendments to any information provided on a prior statement;

(2) For a candidate or candidate campaign committee for a legislative or county office with a recognized political party:

(a) A pre-primary statement;

(b) A pre-general statement;

(c) An annual year-end statement;

(d) A supplemental report as provided in § 12-27-28 , if applicable; and

(e) If applicable, amendments to any information provided on a prior statement;

(3) For a statewide political action committee:

(a) A pre-primary statement;

(b) A pre-general statement;

(c) An annual year-end statement;

(d) A supplemental report as provided in § 12-27-28 , if applicable; and

(e) If applicable, amendments to any information provided on a prior statement;

(4) For a statewide political party:

(a) A pre-primary statement;

(b) A pre-general statement;

(c) An annual year-end statement;

(d) A supplemental report as provided in § 12-27-28 , if applicable; and

(e) If applicable, amendments to any information provided on a prior statement;

(5) For a county political party and auxiliary organization:

(a) A pre-primary statement;

(b) A pre-general statement;

(c) An annual year-end statement;

(d) A supplemental report as provided in § 12-27-28 , if applicable; and

(e) If applicable, amendments to any information provided on a prior statement; and

(6) For a statewide ballot question committee:

(a) A pre-primary statement;

(b) A pre-general statement;

(c) An annual year-end statement;

(d) A supplemental report as provided in § 12-27-28 , if applicable; and

(e) If applicable, amendments to any information provided on a prior statement.

The treasurer of a political committee listed in this section may submit a termination statement at any time.

If a political party loses the status of a qualified party, the party must file a termination statement by five p.m. central time on the last Friday in January following the calendar year in which the qualified party status was lost. If a statewide ballot question committee does not list any activity on the next required campaign finance statement submitted to the secretary of state, that committee has until the next reporting period to report activity. If that committee does not have any activity to report by the next reporting period, the committee must submit a termination statement by that reporting period deadline.

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, § 22; SL 2008, ch 67, § 6; SL 2009, ch 67, § 1; SL 2010, ch 76, § 3, eff. Mar. 25, 2010; SL 2011, ch 84, § 1; SL 2012, ch 18, § 10; SL 2015, ch 78, § 1; SL 2015, ch 79, § 1; SL 2016, ch 78, § 2; SL 2017, ch 222 (Initiated Measure 22), § 21; SL 2017, ch 72, § 20, eff. Feb. 2, 2017; SL 2017, ch 71, § 22; SL 2018, ch 83, § 3; SL 2019, ch 79, § 1; SL 2025, ch 70, § 1; SL 2026, ch 76, § 1, eff. Jan. 1, 2027.The treasurer of a political committee listed below shall file a campaign finance disclosure statement or a report with the secretary of state as follows:

(1) For a candidate or candidate campaign committee for any statewide office, file a pre-primary, pre-general, year-end, and, if applicable, supplemental report and amendments in even numbered years and in odd numbered years, file a year-end report and, if applicable, amendments;

(2) For a candidate or candidate campaign committee for a legislative or county office with a recognized political party, file a pre-primary, a pre-general, year-end and, if applicable, supplemental report and amendments in even numbered years;

(3) For a statewide political action committee, file a pre-primary, pre-general, year-end, and, if applicable, supplemental report and amendments in even numbered years and in odd numbered years, file a year-end report and, if applicable, amendments;

(4) For a statewide political party, file a pre-primary, pre-general, year-end and, if applicable, supplemental report and amendments in even numbered years and in odd numbered years, file a year-end or amendments, if applicable;

(5) For a county political party and auxiliary organization, file a pre-general and, if applicable, supplemental report and amendments in even numbered years; and

(6) For a statewide ballot question committee, file a pre-primary, pre-general, year-end and, if applicable, supplemental report and amendments in even numbered years and in odd numbered years, file a year-end and, if applicable, amendments.

The treasurer of a political committee listed in this section may submit a termination report at any time.

If a political party loses the status of a qualified party, the party must file a termination report by five p.m. central time on the last Friday in January following the calendar year in which the qualified party status was lost. If a statewide ballot question committee does not list any activity on the next required campaign finance report submitted to the secretary of state, that committee has until the next reporting period to report activity. If that committee does not have any activity to report by the next reporting period, the committee must submit a termination report by that reporting period deadline.

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, § 22; SL 2008, ch 67, § 6; SL 2009, ch 67, § 1; SL 2010, ch 76, § 3, eff. Mar. 25, 2010; SL 2011, ch 84, § 1; SL 2012, ch 18, § 10; SL 2015, ch 78, § 1; SL 2015, ch 79, § 1; SL 2016, ch 78, § 2; SL 2017, ch 222 (Initiated Measure 22), § 21; SL 2017, ch 72, § 20, eff. Feb. 2, 2017; SL 2017, ch 71, § 22; SL 2018, ch 83, § 3; SL 2019, ch 79, § 1; SL 2025, ch 70, § 1.
S.D. Codified Laws § 12-20-32 — SD Code / Title 12 / Chapter 20 / Section 12-20-32
Preservation of ballot boxes and pollbooks--Delivery of pollbooks to county canvassing board--Violation as felony
Status: in_force

The county auditor shall keep the ballot boxes and pollbooks in the same condition as when received, until the meeting of the county canvassing board, when he shall deliver the pollbooks to such board. A violation of this section is a Class 6 felony.

Source: SL 1899, ch 83, § 4; RPolC 1903, § 1938; SL 1915, ch 185, § 2; RC 1919, § 7287; SDC 1939, § 16.1709; SDCL, § 12-20-33 ; SL 1974, ch 118, § 163; SL 1982, ch 86, § 93.
S.D. Codified Laws § 12-5-17 — SD Code / Title 12 / Chapter 5 / Section 12-5-17
Biennial state conventions--Time and place--Notice to secretary of state
Status: in_force

Each political party shall hold a state convention in each even-numbered year for the purposes stated in § 12-5-21 . The state central committee of each political party shall determine the time and place of the convention. The chair of the committee shall notify the secretary of state at least fifteen business days prior to the date chosen.

Source: SL 1917, ch 234, § 30; RC 1919, § 7108; SL 1929, ch 118, § 55; SL 1933, ch 100; SL 1937, ch 120, § 5; SDC 1939, § 16.0240; SL 1939, ch 77; SL 1941, ch 78; SL 1951, ch 91; SL 1974, ch 118, § 31; SL 2019, ch 70, § 1.
S.D. Codified Laws § 12-5-1.1 — SD Code / Title 12 / Chapter 5 / Section 12-5-1.1
Party constitution or bylaws required--Filing with secretary of state
Status: in_force

A political party shall adopt a Constitution or a set of bylaws to govern its organization and the conduct of its affairs and exercise thereunder any power not inconsistent with laws of this state. The party central committee shall certify to and file with the secretary of state a copy of the document and amendments thereof within thirty days of their approval.

Source: SL 1974, ch 118, § 27.
S.D. Codified Laws § 12-21-4.1 — SD Code / Title 12 / Chapter 21 / Section 12-21-4.1
Mileage allowance--Recount board members
Status: in_force

Each member of a recount board shall receive mileage for the miles traveled each day of the recount from the member's point of residence at the rate set pursuant to § 3-9-1 .

Source: SDC 1939, § 16.1808 as added by SL 1969, ch 82, § 3; SL 1974, ch 118, § 172; SL 2024, ch 20, § 9; SL 2025, ch 66, § 2.
S.D. Codified Laws § 12-21-52 — SD Code / Title 12 / Chapter 21 / Section 12-21-52
Intervention in certiorari involving submitted question
Status: in_force

In any such proceeding involving a submitted or referred question, the court may upon good cause shown, either ex parte or otherwise, permit any officer or person desiring to be heard to intervene, either as a party plaintiff or party defendant.

Source: SDC 1939, § 16.1822.
S.D. Codified Laws § 12-19-44 — SD Code / Title 12 / Chapter 19 / Section 12-19-44
Counting process open to poll watchers--Reasonable distance--Records associating voter with ballot prohibited--Penalty
Status: in_force

The process of sorting, validating, processing, and counting absentee ballots must be open to poll watchers for the purpose of observing the process.

A poll watcher shall keep a reasonable distance from ballots and identification information to protect the privacy of absentee voters. No record associating an individual voter with a ballot may be created.

A violation of this section is a Class 2 misdemeanor.

Source: SL 1976, ch 108, § 5; SL 2023, ch 51, § 16; SL 2026, ch 73, § 5, eff. Mar. 26, 2026.
S.D. Codified Laws § 12-24A-5 — SD Code / Title 12 / Chapter 24A / Section 12-24A-5
Vacancy before meeting date--Failure to appear--Individual chosen to fill vacancy
Status: in_force

If a vacancy occurs before the day of the meeting of the electors, the state chairperson of the political party that nominated the elector must provide a list of up to three alternative electors who are available to be present at the meeting of the electors, from which the remaining electors must consider and vote for one alternative elector to fill the vacant elector position.

If an elector named in the Governor's certificate fails to appear before nine a.m. central time on the day designated by Congress for the election of the president and vice president of the United States, the electors present must immediately elect, by ballot, an individual to fill the vacancy. If more than one individual receives an equal number of votes, the Governor must, in the presence of the remaining electors, name one of the individuals receiving an equal number of votes to fill the vacancy. If the Governor is not present or is one of the remaining electors, the secretary of state must name one of the individuals receiving an equal number of votes to fill the vacancy.

If two electors named in the Governor's certificate fail to appear before nine a.m. central time on the day designated by Congress for the election of the president and vice president of the United States, the Governor, or in the absence of the Governor, the secretary of state, must immediately appoint an elector. Upon appointment, the electors must immediately elect, by ballot, an individual to fill the remaining vacancy, in accordance with this section.

If no electors named in the Governor's certificate appear before nine a.m. central time on the day designated by Congress for the election of the president and vice president of the United States, the Governor, or in the absence of the Governor, the secretary of state, must immediately appoint an elector. Upon appointment, the elector must immediately appoint a second elector. Upon appointment of the second elector, the electors must immediately elect, by ballot, an individual to fill the remaining vacancy, in accordance with this section.

Source: SL 1890, ch 84, §§ 13, 14; RPolC 1903, §§ 1961, 1962; RC 1919, § 7325; SDC 1939, § 16.1602; SDCL § 12-24-2; SL 2026, ch 74, §§ 2, 9.
S.D. Codified Laws § 12-5-1 — SD Code / Title 12 / Chapter 5 / Section 12-5-1
Organization and dissolution of political party
Status: in_force

A new political party may be organized and participate in the primary election by filing with the secretary of state not later than the last Tuesday of March at five p.m. prior to the date of the primary election, a written declaration signed by at least one percent of the voters of the state as shown by the total vote cast for Governor at the last preceding gubernatorial election, which declaration shall contain:

(1) The name of the proposed party; and

(2) A brief statement of the principles thereof;

A political party loses the right to participate in the primary election for failure to meet the definition of political party as defined in § 12-1-3 .

The national and state chairperson of a recognized political party may request in writing, subscribed and sworn to by each chairperson before any officer qualified to administer oaths and take acknowledgments, to no longer be recognized as a political party. The political party shall also comply with the requirements for dissolution pursuant to chapter 12-27 .

Source: SDC 1939, § 16.0201; SL 1974, ch 118, § 28; SL 1976, ch 105, § 12; SL 1984, ch 107, § 1; SL 1986, ch 115, § 2; SL 1997, ch 75, § 2; SL 2007, ch 74, § 1; SL 2007, ch 81, § 5; SL 2013, ch 63, § 2; SL 2015, ch 77, § 12 rejected Nov. 8, 2016; SL 2018, ch 74, § 7, eff. Mar. 23, 2018.
S.D. Codified Laws § 12-5-4.1 — SD Code / Title 12 / Chapter 5 / Section 12-5-4.1
Unopposed candidate for precinct committee automatically elected
Status: in_force

Any candidate who has filed a statement of candidacy, as required by § 12-5-4 , having no opposing candidate shall automatically be elected, and after the canvass of the primary shall be so declared.

Source: SL 1972, ch 79, § 1.
S.D. Codified Laws § 12-18-10 — SD Code / Title 12 / Chapter 18 / Section 12-18-10
Grounds for challenge of applicant to vote--Determination by judges--Notation on registration list
Status: in_force

If a person makes an application for ballots, or if an absentee ballot has been cast, the person's right to vote at that poll and election may be challenged only as to the person's identity as the person registered whom the person claims to be or on grounds that within fifteen days preceding the election the person has been convicted of a felony or declared by proper authority to be mentally incompetent. The proceedings shall be conducted before the precinct superintendent and precinct deputies who shall determine from the evidence presented whether or not the person is permitted to vote and the members of the precinct election board shall indicate beside the name on the registration list the ground stated and the result of the precinct election board's decision.

Source: SDC 1939, § 16.1207; SL 1974, ch 118, § 116; SL 1999, ch 69, § 30.
S.D. Codified Laws § 12-21-2 — SD Code / Title 12 / Chapter 21 / Section 12-21-2
Composition and appointment of county recount board--Individuals disqualified from serving--Oath--Promulgation of rules
Status: in_force

The county recount board of each county which conducts a recount authorized by this chapter shall be appointed by the presiding judge of the circuit court for that county.

At a general election, a judicial primary election, or an election for a referred or submitted question, the recount board shall consist of a recount referee who is a duly qualified member of the State Bar of South Dakota and a member of the political party that received the greatest number of votes in the county in the race for Governor in the last gubernatorial election, and two voters of the county representing the two political parties with the largest registration in the county.

In a non-judicial primary election or runoff election pursuant to § 12-6-51.1 , the recount board must consist of members of the same political party as the candidates in the contest being recounted. The recount board must consist of a recount referee who is a duly qualified member of the state bar and two voters of the county.

An individual may not serve on the recount board if the individual is a candidate for the office that is the subject of the recount, or is the husband, wife, father, mother, father-in-law, mother-in-law, son, daughter, son-in-law, daughter-in-law, brother, or sister, whether by birth or marriage, of the whole or the half-blood, of any candidate involved in the recount.

Prior to serving, each member of the recount board shall take an oath that the member will act in good faith, with impartiality, and that the member meets the qualifications to serve as a member of the county recount board. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26 , that prescribe the oath to be taken under this section.

Source: SDC 1939, § 16.1808; SL 1955, ch 58; SL 1959, ch 98; SL 1969, ch 82, § 1; SL 1974, ch 118, § 170; SL 1983, ch 117; SL 1989, ch 132; SL 2002, ch 77, § 1; SL 2008, ch 34, § 17; SL 2023, ch 52, § 1.
S.D. Codified Laws § 12-8-2 — SD Code / Title 12 / Chapter 8 / Section 12-8-2
Certification by state board of nominees at primary--Certificate of election of party officials
Status: in_force

The State Canvassing Board, as soon as the returns of any primary election are canvassed as provided in § 12-20-38 , shall issue and mail to each person whom the returns show nominated for any congressional, state, judicial, or legislative office, or nominated pursuant to § 12-6-9 or chapter 12-9 , a formal certificate of nomination and shall certify the names of such nominees to be printed upon the official ballot at the succeeding November election under their respective political party designations; and to each person whom the returns show elected to a party position, a formal certificate of election; said certificates to be duly executed by said canvassing board under the great seal of the state.

Source: SL 1907, ch 139, § 62; SL 1911, ch 201, § 102; SL 1917, ch 234, § 96; RC 1919, § 7160 (a); SL 1925, ch 161, § 1; SL 1929, ch 118, § 41; SDC 1939, §§ 16.0236, 16.0306; SDCL, § 12-9-9 ; SL 1968, ch 143, § 5; SL 1973, ch 76, § 1.
S.D. Codified Laws § 12-16-26 — SD Code / Title 12 / Chapter 16 / Section 12-16-26
Construction of ballot boxes--Openings
Status: in_force

Ballot boxes shall be so constructed to preclude the removal of any material therefrom except by means of an opening which may be secured in the closed position by means of a metal seal which will preclude opening of the box without the destruction of the seal; materials used in the construction of ballot boxes shall be such that they will prevent tampering with or mutilation of ballots within them. There shall be a second opening in each such ballot box, at the top when the box is upright, not larger than is sufficient to admit a single closed ballot to be inserted therein at one time.

Source: SL 1963, ch 118; SL 1963, ch 119; SDCL, § 12-16-27 ; SL 1974, ch 118, § 84.
S.D. Codified Laws § 12-16-23 — SD Code / Title 12 / Chapter 16 / Section 12-16-23
Voting rights notices and instructions
Status: in_force

The county auditor shall cause to be printed, in large type on cards in the English language, voting rights notices and instructions for the guidance of voters in preparing their ballots in the form as prescribed by the State Board of Elections and deliver the cards with the ballots in sufficient numbers to meet the requirements of § 12-16-25 .

Source: SL 1897, ch 60, § 34; RPolC 1903, § 1894; RC 1919, § 7243; SDC 1939, § 16.1107; SL 1974, ch 118, § 83; SL 2011, ch 80, § 1.
S.D. Codified Laws § 12-26-3 — SD Code / Title 12 / Chapter 26 / Section 12-26-3
False representation to register or vote--Knowing allowance--Penalty--Exclusion
Status: in_force

An individual is guilty of a Class 1 misdemeanor if the individual:

(1) Knowingly makes a false statement or representation to register as a voter or cast a ballot at an election; or

(2) Is in the presence of and knowingly allows another individual to make a false statement or representation to register as a voter or cast a ballot at an election.

This section does not apply to a state employee submitting voter registration information to another entity pursuant to federal law.

Source: PenC 1877, §§ 72, 73; CL 1887, §§ 6272, 6273; RPenC 1903, §§ 77, 78; RC 1919, §§ 3664, 3665; SDC 1939, § 13.0907; SL 1982, ch 86, § 111; SL 2025, ch 59, § 2.
S.D. Codified Laws § 12-4-5.4 — SD Code / Title 12 / Chapter 4 / Section 12-4-5.4
Registration--Information provided
Status: in_force

Any person registering to vote shall provide the person's valid South Dakota driver license number or a South Dakota nondriver identification number on the voter registration form. If a person does not have a valid South Dakota driver license or a South Dakota nondriver identification number, the person shall provide the last four digits of the person's social security number on the voter registration form. If a person does not have a valid South Dakota driver license, a South Dakota nondriver identification number, or a social security number, the person may only register at the county auditor's office and shall sign a statement verifying the fact that the person does not have a valid South Dakota driver license, a South Dakota nondriver identification number, or a social security number. The statement shall be prescribed by the State Board of Elections.

Source: SL 2003, ch 83, § 11; SL 2006, ch 68, § 1; SL 2020, ch 49, § 1.
S.D. Codified Laws § 12-18-28 — SD Code / Title 12 / Chapter 18 / Section 12-18-28
Deposit of folded ballot in ballot box
Status: in_force

When a ballot is ready for deposit in the ballot box, the member of the precinct election board in charge of the ballot box, without opening the ballot or permitting it to be opened or examined except to ascertain that the ballot is a single ballot, shall deposit the ballot in the ballot box. The voter may place the voter's voted ballot in the ballot box to insure the privacy of the voter's vote after showing the official stamp on the ballot to the member of the precinct election board in charge of the ballot box.

Source: SDC 1939, §§ 16.1012, 16.1206, 16.9918; SDCL, § 12-18-30; SL 1974, ch 118, § 131; SL 1999, ch 69, § 36.
S.D. Codified Laws § 12-4-53 — SD Code / Title 12 / Chapter 4 / Section 12-4-53
Receipt of payment for registration of voters based on number of voters registered prohibited--Violation as misdemeanor
Status: in_force

No person may receive any wages, reward, or compensation for registering voters based on the number of voters registered. Nothing in this section prohibits any person from being employed on an hourly or salaried basis to register voters. Any violation of this section is a Class 2 misdemeanor.

Source: SL 2005, ch 91, § 2.
S.D. Codified Laws § 12-3-12 — SD Code / Title 12 / Chapter 3 / Section 12-3-12
Certification that precinct interpreter not needed--Proof
Status: in_force

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

Source: SL 1976, ch 104, § 6.
S.D. Codified Laws § 12-17B-5 — SD Code / Title 12 / Chapter 17B / Section 12-17B-5
Testing system before election--Notice--Publication--Certification of errorless machine--Promulgation of rules--Additional testing if error found--Independent candidate and ballot committee contact information
Status: in_force

Not more than ten days prior to an election, the person in charge of the election shall conduct a test of the automatic tabulating equipment to ascertain that the equipment will correctly count the votes cast for all offices and on all measures. The test must be open to the public. The person in charge of the election shall notify the county chair of each political party with a candidate on the ballot, any independent candidate or candidate without party affiliation on the ballot, and the ballot question committees for or against an initiated or referred measure or initiated constitutional amendment, of the testing of the automatic tabulating equipment, one week before the test is conducted. The person in charge of the election shall post notice of the time and place of the test in the same manner as a public meeting agenda, pursuant to § 1-25-1.1 . The person in charge of the election shall post the notice of the time and place of the test to the secretary of state's website.

If an errorless count by an automatic tabulating machine is achieved by the test, the person in charge of the election shall certify the machine. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26 , prescribing the certification of properly functioning automatic tabulating equipment under this section.

If an error is detected, the cause of the error shall be determined and corrected. Once the error is corrected, the person in charge of the election shall conduct a new test of the automatic tabulating equipment. The person in charge of the election may not approve the automatic tabulating equipment until an errorless count is made.

Any additional testing required to achieve an errorless count must be open to the public. The person in charge of the election shall post notice of the time and place of an additional test in the same manner as a public meeting agenda, pursuant to § 1-25-1.1 . The person in charge of the election shall notify the county chair of each political party with a candidate on the ballot, any independent candidate or candidate without party affiliation on the ballot, and the ballot question committees for or against an initiated or referred measure or initiated constitutional amendment of the testing of the automatic tabulating equipment twenty-four hours prior to the test. The person in charge of the election shall post the notice of the time and place of the additional test to the secretary of state's website.

The secretary of state shall provide each county auditor with the contact information for any independent candidate, candidate without party affiliation appearing on the ballot, and the ballot question committees for or against an initiated or referred measure or initiated constitutional amendment in the auditor's county.

Source: SL 1994, ch 110, § 9; SL 2023, ch 49, § 1; SL 2025, ch 65, § 1.
S.D. Codified Laws § 12-4-40.1 — SD Code / Title 12 / Chapter 4 / Section 12-4-40.1
Sharing voter registration record with other states--Agreement required
Status: in_force

The secretary of state may share information from the statewide voter registration file with any other state, territory, or local political subdivision of another state or territory to identify any duplicate registrations.

Before sharing information from the statewide voter registration file with any other jurisdiction pursuant to this section, the secretary of state must secure an agreement in writing from the chief election official of the jurisdiction with which the information is to be shared, that any personally identifiable information contained in the list may not be shared with or sold to any person who is not an election official for the jurisdiction with which the information is shared.

Source: SL 2024, ch 48, § 1.
S.D. Codified Laws § 12-16-17 — SD Code / Title 12 / Chapter 16 / Section 12-16-17
Number of official and sample ballots provided to precincts--Reserve supply retained and delivered on request--Samples or photocopies used in emergency
Status: in_force

The county auditor shall provide official and sample ballots to each precinct in the county. The quantity provided for a primary election shall be at least ten percent more than the number of votes cast for the gubernatorial candidate of the respective parties in the preceding gubernatorial primary election. The quantity provided for a general election shall be at least ten percent more than the number of votes cast for all candidates for Governor as shown by the returns of the last preceding gubernatorial election. The county auditor shall also provide and retain in that office an ample supply of all official ballots, and if at any time before or during an election, an additional supply for any precinct shall be requested by the precinct superintendent, the county auditor shall immediately cause to be delivered, to the precinct superintendent, a supply of extra official ballots. If the supply of official ballots has been completely exhausted, the county auditor may make emergency substitution by delivering or authorizing the use of sample ballots or photocopies of the official ballot. The election board shall account for any sample ballots or photocopies authorized to be used.

Source: SDC 1939, §§ 16.0218, 16.1101; SL 1959, ch 91; SL 1959, ch 95; SL 1961, ch 93, § 2; SL 1963, ch 112; SDCL, § 12-6-17; SL 1972, ch 82, §§ 1, 5; SL 1974, ch 118, § 79; SL 1976, ch 105, § 47; SL 1999, ch 69, § 13.
S.D. Codified Laws § 12-18-6.3 — SD Code / Title 12 / Chapter 18 / Section 12-18-6.3
Verification of identity--Provisional ballot if identity not verified
Status: in_force

The person making an application for ballots shall announce his or her name and present his or her personal identification. A member of the precinct election board shall then verify that the picture on the personal identification presented under § 12-18-6.1 matches such person and that the name on the personal identification appears on the voter registration list pursuant to § 12-18-7.1 . If the member cannot determine from the personal identification presented that the person making an application for ballots is the person listed on the voter registration list, the member may consider other forms of identification, personal knowledge and an explanation from the person making an application for ballots to match that person's name to a name on the registration list. If identity cannot be proven to the satisfaction of the member of the precinct election board or if the person making an application for ballots is challenged on the basis of identity by a member or a poll watcher, the person may vote a provisional ballot.

Source: SL 2003, ch 82, § 7.
S.D. Codified Laws § 12-24A-8 — SD Code / Title 12 / Chapter 24A / Section 12-24A-8
Replacement presidential or vice presidential candidate
Status: in_force

If, between the date of the general election and the date designated by Congress for the election of the president and vice president of the United States, the candidate for the president or vice president whose slate of electors received the highest number of votes in the state's general election withdraws, dies, or, because of a permanent disability, becomes unable to discharge the powers and duties of the office to which the candidate is elected, each presidential elector from this state must vote for the replacement candidate nominated according to the bylaws of the party to which the previous candidate belonged.

Source: SL 2026, ch 74, § 8.
S.D. Codified Laws § 12-17B-12 — SD Code / Title 12 / Chapter 17B / Section 12-17B-12
Test of system repeated prior to counting ballots
Status: in_force

The test required by § 12-17B-5 shall be repeated immediately before the start of the official count of the ballots.

Source: SL 1994, ch 110, § 16.
S.D. Codified Laws § 12-5-14 — SD Code / Title 12 / Chapter 5 / Section 12-5-14
County central committee--Composition--Organization--Certification of party officials
Status: in_force

The county central committee of a political party is comprised of precinct committeemen and precinct committeewomen of the political party; the state committeemen and committeewomen; the county chairperson, vice-chairperson, and secretary-treasurer or secretary and treasurer; and the elected public officers who reside in the county and other officers as designated by the party's constitution or bylaws. A county central committee of a political party shall form the party organization by electing a county chairperson and other officers as determined by the party's constitution or bylaws. The name and mailing address of the county chairperson shall be certified to the county auditor and state party chairperson immediately following the election of the county chairperson or change of the county chairperson. The name and mailing address of the county officer responsible for the records and reports required under chapter 12-27 shall be certified to the secretary of state immediately following the election. The name and mailing address of the state party chairperson shall be certified to the secretary of state immediately following the election or appointment of the state party chairperson.

Source: SDC 1939, § 16.0241; SL 1945, ch 76; SL 1949, ch 73; SL 1963, ch 107, § 6; SL 1973, ch 72, § 2; SL 1976, ch 105, § 14; SL 1980, ch 112; SL 2001, ch 67, § 2; SL 2007, ch 74, § 10; SL 2008, ch 67, § 17; SL 2019, ch 73, § 3.
S.D. Codified Laws § 12-21-43 — SD Code / Title 12 / Chapter 21 / Section 12-21-43
Tie vote after recount determined by lot--Issuance of certificate
Status: in_force

When a tie vote between candidates is found to exist on the basis of any such recount, and by reason of such tie vote it cannot be determined who has been nominated or elected, it shall be the duty of the authority charged by law with the responsibility of issuing the certificate of election or nomination to fix a time and place for the drawing of lots by such candidates involved in such tie vote, giving reasonable notice of such time and place to each of such candidates. Each such candidate may appear at the time and place designated either in person or by a representative, whereupon in the presence of such authority charged with the responsibility of issuing the certificate of nomination or election, the candidate or candidates entitled to the certificate or certificates of nomination or election shall be determined by drawing of lots in the manner directed by such authority, and the certificate or certificates of nomination or election shall be issued accordingly.

Source: SL 1890, ch 84, §§ 17, 26; SL 1893, ch 81, § 6; RPolC 1903, §§ 1942, 1943, 1970; RC 1919, § 7317; SL 1937, ch 119, § 1; SDC 1939, § 16.1817.
S.D. Codified Laws § 12-24A-3 — SD Code / Title 12 / Chapter 24A / Section 12-24A-3
Elector notice to Governor--Certificate of names to electors
Status: in_force

Before eleven a.m. central time on the day designated by Congress for the election of the president and vice president of the United States, each presidential elector shall notify the Governor that the elector is:

(1) At the seat of government; and

(2) Ready to perform the duties of a presidential elector.

Upon receipt of the notice, the Governor shall deliver to the electors present a certificate listing the names of the presidential electors.

Source: SL 1890, ch 84, § 13; RPolC 1903, § 1961; RC 1919, § 7325; SDC 1939, § 16.1602; SL 1968, ch 81; SDCL § 12-24-1; SL 2026, ch 74, §§ 1, 9.
S.D. Codified Laws § 12-22-30 — SD Code / Title 12 / Chapter 22 / Section 12-22-30
Notation of filing of complaint in primary contest--Date of hearing--Apparently successful candidate as defendant
Status: in_force

When a complaint has been filed it shall forthwith be presented to the judge of the circuit court in which it is filed, who shall note thereon the day of presentation and also the day and place where he will hear the same, which shall be not later than ten days thereafter. The candidate who appears upon the face of the returns to have been elected, or to whom a certificate of nomination has been issued, shall be named as defendant.

Source: SL 1937, ch 123; SDC 1939, § 16.0239.
S.D. Codified Laws § 12-19-7.1 — SD Code / Title 12 / Chapter 19 / Section 12-19-7.1
Candidates and election officials not to serve as authorized messenger--Violation as misdemeanor
Status: in_force

No person who is a candidate for any elective office, except for political party offices described in § 12-5-2 or county auditor or such deputy, at the election for which the ballot or ballots are to be voted, may serve as an authorized messenger. A violation of this section is a Class 2 misdemeanor.

Source: SL 1972, ch 90, § 5; SL 1976, ch 105, § 65; SL 1992, ch 115, § 4; SL 2023, ch 51, § 8.
S.D. Codified Laws § 12-27-25 — SD Code / Title 12 / Chapter 27 / Section 12-27-25
Termination report
Status: in_force

The last campaign finance report filed shall be a termination report. The termination report shall be filed by the treasurer within thirty days following disposition of all funds and property and the payment of all obligations. If a termination pursuant to § 12-27-29.2 occurs, this section does not apply.

Source: SL 2007, ch 80, § 25; SL 2008, ch 67, § 8; SL 2017, ch 71, § 28.
S.D. Codified Laws § 12-18-9.1 — SD Code / Title 12 / Chapter 18 / Section 12-18-9.1
Poll watchers and waiting voters not to see into booths--Interference with official actions--Violation as misdemeanor
Status: in_force

The superintendent of elections may order poll watchers and voters waiting to vote to position themselves where the poll watchers and voters cannot see into voting booths, read identifying numbers on photo identification cards, or interfere with voters in the act of voting or with the official actions of the election board. A violation of such an order is a Class 2 misdemeanor.

Source: SL 1972, ch 85, § 2; SL 1974, ch 118, § 114; SL 1976, ch 105, § 55; SL 1982, ch 86, § 85; SL 1996, ch 94, § 30; SL 2008, ch 34, § 15.
S.D. Codified Laws § 12-21-12 — SD Code / Title 12 / Chapter 21 / Section 12-21-12
Candidate's recount petition for state or district office--Margin required--Notice to county auditors
Status: in_force

If any candidate for an office, position, or nomination other than the Legislature is voted upon in more than one county, and has been defeated, according to the official returns, by a margin which does not exceed one - fourth of one percent of the total vote cast for all candidates for the office, position, or nomination, the candidate may, within three days after completion of the official canvass by the State Board of Canvassers, file a petition with the secretary of state, setting forth that the candidate believes a recount will change the result and that all of the votes cast for the office, position, or nomination should be recounted. The secretary of state shall notify each county auditor that has precincts included in the petition. Each county auditor shall then conduct a recount.

Source: SDC 1939, § 16.1803 (4); SL 1999, ch 72, § 7; SL 2025, ch 67, § 2.
S.D. Codified Laws § 12-20-48.1 — SD Code / Title 12 / Chapter 20 / Section 12-20-48.1
National convention slates and votes--Certification
Status: in_force

Upon the completion of the state canvass of the results of the primary election for delegates and alternates to the national convention, the State Canvassing Board shall certify to the state chairman of each political party the slates (groups of delegates and alternates) entered in the primary for each political party and the number of votes in the primary for each slate.

Source: SL 1973, ch 73, § 2; SL 1974, ch 120, § 2; SL 1979, ch 98, § 2; SL 2021, ch 69, § 1.
S.D. Codified Laws § 12-19-9.1 — SD Code / Title 12 / Chapter 19 / Section 12-19-9.1
Nursing facility, assisted living center, or hospital having multiple absentee ballot requests--Promulgation of rules
Status: in_force

If there is any nursing facility, assisted living center, or hospital, as defined in § 34-12-1.1 , within any county from which there might reasonably be expected to be five or more absentee applications, the county auditor shall notify the person in charge of that facility and the chair of the county central committee of each party and any other person who has filed a request to be notified of the date and time at which representatives of the auditor's office will be present to assist the residents of that facility to vote, utilizing the absentee procedure. Any political party, independent candidate, and nonpolitical candidate may assign a person to accompany the county auditor's representatives. At the date and time announced, the county auditor's representative shall deliver ballots to and assist all persons at that facility who desire assistance to vote. This section applies only to a primary or general election.

If a person in charge of an election conducts absentee voting at a nursing facility, assisted living center, or hospital, as defined in § 34-12-1.1 , the voter shall complete a combined absentee ballot application form and return envelope, and the identification and affidavit requirements provided in § 12-19-2.1 are waived. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26 , prescribing the procedures by which the county auditor will conduct absentee voting, collect completed ballots, and secure completed ballots at a nursing facility, assisted living center, or hospital, as defined in § 34-12-1.1 .

Source: SL 1972, ch 89; SL 1981, ch 125; SL 1997, ch 82, § 1; SL 2003, ch 82, § 5; SL 2006, ch 72, § 5; SL 2017, ch 2, § 6; SL 2023, ch 51, § 10.
S.D. Codified Laws § 12-17B-15 — SD Code / Title 12 / Chapter 17B / Section 12-17B-15
Sealing and storing tabulated ballots and program board
Status: in_force

After the tabulating procedure is completed, the ballots shall be placed in boxes and resealed. Any program board which may be used in the automatic tabulating equipment shall be removed and stored similarly to the ballots.

Source: SL 1994, ch 110, § 19.
S.D. Codified Laws § 12-5-13 — SD Code / Title 12 / Chapter 5 / Section 12-5-13
Precinct committeemen elected by plurality at primary--Term of office
Status: in_force

The person receiving the highest number of votes of his or her party, shall be declared elected precinct committeeman and committeewoman respectively, of their party, and shall hold such position for two years, or until his or her successor is elected unless otherwise provided by the party's Constitution or bylaws.

Source: SL 1929, ch 118, § 7; SL 1937, ch 120, § 2; SDC 1939, § 16.0212; SL 1941, ch 77; SL 1951, ch 90; SL 1957, ch 83, § 2; SL 1959, ch 90; SL 1973, ch 72, § 1.
S.D. Codified Laws § 12-4-9.2 — SD Code / Title 12 / Chapter 4 / Section 12-4-9.2
Secured active designation
Status: in_force

A person eligible to vote under § 12-4-1 may apply to the secretary of state to be listed in the master registration file with a secured active designation.

The secretary of state shall certify a secured active designation if an applicant provides a sworn application that affirms one of the following:

(1) The applicant has obtained an active protection order under chapter 25-10 or chapter 22-19A , which the secretary of state shall verify with the Unified Judicial System; or

(2) The applicant resides in a shelter established pursuant to chapter 25-10 . The applicant shall obtain authorization signed by an official of the shelter.

Upon receipt of the application, the secretary of state shall verify with the Unified Judicial System that the applicant petitioned for the protection order and the order is active.

A voter record with a secured active designation shall be excluded from public inspection or copying, except if requested by a law enforcement agency, if directed by a court order, or if a secured active designation has been cancelled at the request of the secured active designee.

A secured active designation remains in effect for five years.

The State Board of Elections shall promulgate rules, pursuant to chapter 1-26 , to prescribe the notices and forms, as well as any criteria and procedures for approving applications pursuant to this section.

Source: SL 2021, ch 61, § 1.
S.D. Codified Laws § 12-15-10 — SD Code / Title 12 / Chapter 15 / Section 12-15-10
Replacement of precinct superintendent or precinct deputy failing to take oath or to serve
Status: in_force

If any person appointed as precinct superintendent or precinct deputy neglects or refuses to be sworn or to act as such, the position of the person shall be filled by the voters of the precinct present at the polling place when it opens, from the different political parties, as provided in this chapter. The person so elected to fill the vacancy is vested with the same power for that election, as if regularly appointed.

Source: SDC 1939, § 16.1007; SL 1974, ch 118, § 66; SL 1975, ch 119, § 6; SL 1976, ch 105, § 37; SL 1993, ch 118, § 5; SL 1999, ch 69, § 9.
S.D. Codified Laws § 12-19-41 — SD Code / Title 12 / Chapter 19 / Section 12-19-41
Absentee ballot counting board--Powers and duties
Status: in_force

Except as otherwise specified in §§ 12-19-37 to 12-19-52 , inclusive, the powers and duties of an absentee ballot counting board are the same as those of precinct election officials in a regular precinct polling place.

An absentee counting board shall:

(1) Receive, from the person in charge of the election, all absentee ballots for all precincts in the jurisdiction of the person in charge of the election; and

(2) Process and count each absentee ballot received from the person in charge of the election.

Source: SL 1976, ch 108, § 6; SL 2026, ch 73, § 3, eff. Mar. 26, 2026.
S.D. Codified Laws § 12-1-3.1 — SD Code / Title 12 / Chapter 1 / Section 12-1-3.1
Alternative political status defined
Status: in_force

For the purposes of this title, the term, alternative political status, means that a political party meets the requirements of this section commencing with the 2014 general election and each general or special statewide election thereafter. Any political party that meets the definition of political party as defined in § 12-1-3 and has a total party registration of less than two and a half percent of the total number of registered voters, as recorded at the Office of the Secretary of State on the date of the last general election, shall receive alternative political status. Any party that has a total party registration of two and a half percent or more of the total number of registered voters, as recorded at the Office of the Secretary of State on the date of the last general election, shall no longer be classified as alternative political status, but shall remain a political party for the next two general election cycles.

Source: SL 2018, ch 74, § 1, eff. Mar. 23, 2018.
S.D. Codified Laws § 12-24-4 — SD Code / Title 12 / Chapter 24 / Section 12-24-4
12-24-4. Time and place of performance of constitutional duties by electors
Status: in_force

The electors of President and vice president shall, at twelve noon on the day which is or may be directed by the Congress of the United States, meet at the seat of government of this state and then and there perform the duties enjoined upon them by the Constitution and laws of the United States.
S.D. Codified Laws § 12-6-57 — SD Code / Title 12 / Chapter 6 / Section 12-6-57
Meeting of party committee to fill vacancies--Manner of voting
Status: in_force

To fill a vacancy for a party candidate to a :

(1) State office or as a presidential elector, the party State Central Committee chairman shall call a central committee meeting to fill the vacancy, and designate the time and place where the meeting shall be held;

(2) Multi-county legislative district, the party State Central Committee chairman shall call a meeting of affected county party central committee members to fill the vacancy , designate the time and place where the meeting shall be held, designate the person who will conduct the meeting, and notify all affected central committee members of this information;

(3) Single-county legislative district or county office, the county party central committee chairman shall call a meeting of the county party central committee to fill the vacancy and designate the time and place where the meeting shall be held.

Vacancies filled by State Central Committee shall be by unit representation, each county casting the number of votes cast in that county at the last general election for that party's candidate for Governor. All other vacancies shall be filled by a majority vote of the affected committee members present.

Source: SL 1929, ch 118, § 56; SDC 1939, § 16.0243; SL 1968, ch 77; SL 1991, ch 119, § 2; SL 2021, ch 63, § 2.
S.D. Codified Laws § 12-27-32 — SD Code / Title 12 / Chapter 27 / Section 12-27-32
Preservation and destruction of statements in public records
Status: in_force

The secretary of state shall endorse the date of the filing on each statement filed pursuant to this chapter, and shall preserve the statement electronically among the public records of the office. However, the statement may be destroyed if the Records Destruction Board, acting pursuant to § 1-27-19 , declares the records to have no further administrative, legal, fiscal, research, or historical value.

Source: SL 2007, ch 80, § 32; SL 2017, ch 71, § 35.
S.D. Codified Laws § 12-20-7 — SD Code / Title 12 / Chapter 20 / Section 12-20-7
Ballot not counted when voter's choice indeterminable--Promulgation of rules defining standards
Status: in_force

Any ballot or part of a ballot from which it is impossible to determine the voter's choice by using standards defined by the State Board of Elections shall be void and may not be counted. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26 , defining standards for determining voter intent.

Source: SDC 1939, § 16.1703; SL 1974, ch 118, § 152; SL 2002, ch 76, § 6; SL 2010, ch 74, § 21.
S.D. Codified Laws § 12-4-1.3 — SD Code / Title 12 / Chapter 4 / Section 12-4-1.3
Federal voter--Designation--Ballot
Status: in_force

A county auditor must designate an individual as a federal voter if:

(1) At the time the individual applies to register as a voter or to vote by absentee ballot, the individual provides only the address of a commercial mail receiving agency, mail forwarding service, or other post office box as the address where the individual is a resident, without providing a description of the location of the individual's habitation; or

(2) The individual applies to register as a voter and does not provide any documentation demonstrating that the individual is a United States citizen, provided that the individual is not already registered as a voter of this state.

The county auditor shall prepare a ballot that lists only the names of the candidates for United States senator, United States representative, and president and vice president of the United States, as certified by the secretary of state pursuant to § 12-8-8 , and the names of the presidential electors designated for each candidate. The county auditor or member of the precinct election board shall provide the ballot to any individual who has been designated as a federal voter.

For the purposes of this section, "federal voter" means an individual who is eligible to vote in elections for presidential electors, United States senator, or United States representative at a primary, runoff, special, or general election.

Source: SL 2025, ch 58, § 2, eff. Jan. 1, 2026; SL 2026, ch 63, § 2, eff. Mar. 26, 2026.
S.D. Codified Laws § 12-27-21.1 — SD Code / Title 12 / Chapter 27 / Section 12-27-21.1
Time for submission of statements--Violation as misdemeanor
Status: in_force

Each statement referred to § 12-27-22 shall be signed and submitted by the treasurer of the political committee. The statement shall be received by the secretary of state and submitted by 5:00 p.m. central time on the following dates:

(1) Pre-primary report: fifteen days prior to the primary election, for the reporting period commencing with the last report submitted up through and including twenty days prior to the election date;

(2) Pre-general report: fifteen days prior to the general election, for the reporting period commencing with the last report submitted up through and including twenty days prior to the election date;

(3) Amendments: submitted pursuant to § 12-27-27 ;

(4) Supplemental report: submitted pursuant to § 12-27-28 ;

(5) Year-end report: by the last Friday in January each year, for the reporting period commencing with the last report submitted up through and including December thirty-first of each year; and

(6) Termination report: at any time as stated in § 12-27-25 . Pre-primary, pre-general, amendments, supplemental, year-end, and termination reports shall cover the contributions and expenditures since the last report submitted. All required filings under this chapter shall be submitted using the forms as provided by the secretary of state.

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

Source: SL 2017, ch 71, § 23; SL 2018, ch 84, § 6.
S.D. Codified Laws § 12-27-30 — SD Code / Title 12 / Chapter 27 / Section 12-27-30
Civil penalty for failure to timely file statement, amendment, or correction with county, township, municipality, school district, or special purpose district
Status: in_force

Notwithstanding the provisions of § 12-25-33 , the failure to timely file any statement, amendment, or correction with any county, township, municipality, school district, or special purpose district covered by this chapter pursuant to § 12-27-39 or covered by local ordinance or resolution subjects the treasurer responsible for filing to a civil penalty of fifty dollars per day for each day that the statement remains delinquent. The civil penalty shall be in addition to any criminal sanctions and shall be paid to the county, township, municipality, school district, or special purpose district and deposited in its general fund.

Source: SL 2007, ch 80, § 30; SL 2008, ch 67, § 13.
S.D. Codified Laws § 12-22-26 — SD Code / Title 12 / Chapter 22 / Section 12-22-26
Notice of intention to institute legislative contest--Time for service--Answer
Status: in_force

Any person who intends to contest the election of any person to either branch of the Legislature may within ten days after the official canvass of the votes, or within five days after final determination of a recount, if a recount has been had, give written notice to such other person of such contest, specifying the grounds of such contest. The person on whom such notice is served may within ten days after such service, serve on the person giving such notice an answer, admitting or denying the grounds alleged, and shall be deemed to admit any grounds not denied.

Source: SDC 1939, § 16.1917.
S.D. Codified Laws § 12-5-22 — SD Code / Title 12 / Chapter 5 / Section 12-5-22
Majority required for nomination by convention--Certification to secretary of state
Status: in_force

Nominations by a state convention shall be made by a majority vote of the votes cast and shall be certified to the secretary of state by the officers of the convention, within three days of the close of the convention. No certification may be received by the secretary of state later than the second Tuesday in August.

Source: SL 1929, ch 118, § 55; SL 1933, ch 100; SL 1937, ch 120, § 5; SDC 1939, § 16.0240; SL 1939, ch 77; SL 1941, ch 78; SL 1951, ch 91; SL 1965, ch 86; SL 2007, ch 74, § 14.
S.D. Codified Laws § 12-18-16 — SD Code / Title 12 / Chapter 18 / Section 12-18-16
Marking of paper ballot--Form of mark
Status: in_force

If a paper ballot is used, the voter may use a pencil or pen to mark the voter's ballot and the voter may mark the ballot with either a cross (x) or check mark (√).

Source: SDC 1939, §§ 16,1105 (4), 16.1302; SL 1957, ch 84, §§ 2, 3; SDC Supp 1960, § 16.0224-1; SDCL, §§ 12-13-19, 12-18-19; SL 1974, ch 118, § 121; SL 2002, ch 76, § 1.
S.D. Codified Laws § 12-7-1 — SD Code / Title 12 / Chapter 7 / Section 12-7-1
Certificate of nomination for nonjudicial public office--Exceptions--Requirements
Status: in_force

Any candidate for nonjudicial public office, except as provided in § 12-7-7 , who is not nominated by a primary election may be nominated by filing a certificate of nomination with the secretary of state or county auditor as prescribed by § 12-6-4 , after December thirty-first and by the last Tuesday of April at 5:00 p.m. local time before the election. A certificate of nomination shall be executed as provided in chapter 12-6 . If the certificate of nomination is mailed by registered mail by the last Tuesday of April at 5:00 p.m. local time before the election, it is timely submitted. The certificate of nomination shall be signed by registered voters within the district or political subdivision in and for which the officers are to be elected. The number of signatures required may not be less than one percent of the total combined vote cast for Governor at the last certified gubernatorial election within the district or political subdivision. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26 , prescribing the forms for the certificate of nomination.

Source: SDC 1939, § 16.0501; SL 1973, ch 75, § 1; SL 1975, ch 119, § 17; SL 1975, ch 122, § 1; SL 1976, ch 105, § 20; SL 1977, ch 108, § 2; SL 1977, ch 109, § 1; SL 1982, ch 127; SL 1999, ch 73, § 1; SL 2001, ch 68, § 1; SL 2002, ch 74, § 1; SL 2005, ch 87, § 3; SL 2007, ch 76, § 1; SL 2012, ch 83, § 1; SL 2015, ch 77, § 8 rejected Nov. 8, 2016; SL 2017, ch 2, § 10; SL 2017, ch 69, § 7.
S.D. Codified Laws § 12-11-2.1 — SD Code / Title 12 / Chapter 11 / Section 12-11-2.1
Absentee ballots cast by uniformed services or overseas voters in special election to fill congressional vacancy
Status: in_force

If the date of the special election conducted pursuant to § 12-11-1.1 requires that absentee ballots cast by absent uniformed services voters or overseas voters arriving after election day be counted as required by 2 USC Chapter 1 § 8 as of January 1, 2008, these absentee ballots shall be processed and counted by the provisional ballot counting board. The provisional ballot counting board shall meet on the deadline established in 2 USC Chapter 1 § 8 as of January 1, 2008, for the return of these absentee ballots. The official county canvass shall be conducted within twenty-four hours after the conclusion of the absentee and provisional ballot count. The official state canvass shall be held within three days after the conclusion of the county canvass.

Source: SL 2008, ch 65, § 3.
S.D. Codified Laws § 12-21-4 — SD Code / Title 12 / Chapter 21 / Section 12-21-4
Compensation--Recount referee and appointed board members
Status: in_force

The recount referee shall receive compensation in the same amount as court-appointed counsel, and the other two members appointed to the recount board shall each receive compensation in an amount determined by the governing body of the jurisdiction in which the election is held.

Source: SDC 1939, § 16.1808 as added by SL 1955, ch 58; SL 1959, ch 98; SL 1969, ch 82, § 3; SL 2008, ch 66, § 1; SL 2025, ch 66, § 1.
S.D. Codified Laws § 12-6-64 — SD Code / Title 12 / Chapter 6 / Section 12-6-64
Liberal construction of primary election laws
Status: in_force

The laws of this state pertaining to primary elections shall be liberally construed so that the real will of the voters may not be defeated by a mere technicality.

Source: SL 1929, ch 118, § 58; SDC 1939, § 16.0248.
S.D. Codified Laws § 12-21-11 — SD Code / Title 12 / Chapter 21 / Section 12-21-11
Candidate's recount petition for multi-county legislative district--Margin required--Deadline to complete
Status: in_force

If any legislative district comprises more than one county, any candidate for election to or nomination for the Legislature who, according to the official returns, has been defeated by a margin not exceeding two percent of the total vote cast for all candidates for the office may, within three days after completion of the official canvass by the State Board of Canvassers, file a petition with the secretary of state, setting forth that the candidate believes a recount will change the result and that all the votes cast for the office or nomination should be recounted. The secretary of state shall notify the county auditor of each county that has precincts included in the petition. Each county auditor shall then conduct a recount.

Notwithstanding § 12-21-20 , if the recount is for a legislative district comprising more than one county and the candidate expresses to the county auditor in writing to be present at each county's recount, the board shall convene at the time and date determined by mutual agreement between the county auditor and candidate.

A recount conducted pursuant to this section must be completed within fourteen days following the filing of the petition.

Source: SDC 1939, § 16.1803 (3); SL 1999, ch 72, § 6; SL 2017, ch 70, § 1; SL 2025, ch 67, § 1.
S.D. Codified Laws § 12-4-56 — SD Code / Title 12 / Chapter 4 / Section 12-4-56
Voluntary removal of the name of a registered voter--Promulgation of rules
Status: in_force

A person registered to vote, pursuant to this chapter, may request that the auditor of the county in which the voter resides remove the person's name from the master registration list. If a person makes a request pursuant to this section less than fourteen days prior to an election, the removal of the individual's name is effective on the day after the election. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26 , prescribing the form to be used by a person requesting the removal of the person's name from the master registration list.

Source: SL 2023, ch 44, § 17.
S.D. Codified Laws § 12-13-24 — SD Code / Title 12 / Chapter 13 / Section 12-13-24
Style, form, and wording of initiative or initiated amendment
Status: in_force

Each initiative or initiated amendment to the Constitution shall be written in a clear and coherent manner in the style and form of other legislation. Each initiative or initiated amendment to the Constitution shall be worded so that the effect of the measure is not misleading or likely to cause confusion among voters.

Source: SL 1994, ch 109, § 1.
S.D. Codified Laws § 12-22-22 — SD Code / Title 12 / Chapter 22 / Section 12-22-22
Supreme Court order directing consolidation of contests involving same office or question--Duty of judges and attorneys to notify Supreme Court
Status: in_force

Whenever it shall come to the attention of the Supreme Court that two or more contests are pending involving nomination or election to the same office or position, or the same submitted or referred question, the court may, on its own motion, or on the motion of any interested person and on reasonable notice to the parties, make an order, under its power of supervision of lower courts, directing that such proceedings be consolidated, and designating the circuit court in which further proceedings are to be had, with such provisions as the court considers necessary to safeguard the rights of the parties. It shall be the duty of any attorney appearing in any such case, upon learning of the pendency of any such other proceedings, to call the same to the attention of the Supreme Court. Any circuit judge before whom any such case is pending, upon learning of the pendency of any such other case, shall proceed no further, but shall at once notify the Supreme Court of the situation.

Source: SDC 1939, § 16.1913.
S.D. Codified Laws § 12-16-14 — SD Code / Title 12 / Chapter 16 / Section 12-16-14
Affidavit for correction of errors in ballot--Circuit court order--Patent errors corrected without order
Status: in_force

Whenever it shall appear by affidavit that an error has occurred in the publication of the names or descriptions of the candidates nominated for office or in the printing of any sample or official ballots, the judge of the circuit court, upon application of any voter, shall by an order require the county auditor or other officer charged with the duty of preparing ballots to correct such error or to show cause at such time and place as under the circumstances he may deem necessary why such error should not be corrected. The county auditor or such other officer shall, upon his own motion, correct without delay any patent error in ballots which he may discover or which shall be brought to his attention.

Source: SL 1897, ch 60, § 16; RPolC 1903, § 1889; RC 1919, § 7238; SDC 1939, § 16.1102; SL 1974, ch 118, § 76.
S.D. Codified Laws § 12-4-36 — SD Code / Title 12 / Chapter 4 / Section 12-4-36
Rebuttable presumption that certain electors not qualified
Status: in_force

There is a rebuttable presumption that the signer of a petition filed pursuant to chapter 2-1 , 6-16 , 7-18A , 9-13 , 9-20 , 12-6 , 12-7 , or 13-7 is not a qualified elector if the signer's name fails to appear on the active or inactive voter registration list of the county stated on the petition as the signer's county of registration on the date the petition was signed. This rebuttable presumption may only be overcome by clear and convincing evidence presented by the petition sponsor, circulator, or candidate.

Source: SL 2001, ch 65, § 1; SL 2013, ch 63, § 1.
S.D. Codified Laws § 12-17B-6 — SD Code / Title 12 / Chapter 17B / Section 12-17B-6
Sufficient amount of equipment and supplies required
Status: in_force

The person in charge of the election shall provide a sufficient number of voting equipment and supplies to accommodate the voters and avoid unreasonable waiting times for casting ballots.

Source: SL 1994, ch 110, § 10; SL 2005, ch 92, § 6.
S.D. Codified Laws § 12-1-29 — SD Code / Title 12 / Chapter 1 / Section 12-1-29
Payment of expenses of proceedings
Status: in_force

The arbitrator's expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of arbitration, shall be paid as provided in the resolution pronouncement.

Source: SL 2003, ch 83, § 24; SDCL, § 12-4-50 .
S.D. Codified Laws § 12-21-56 — SD Code / Title 12 / Chapter 21 / Section 12-21-56
Hearing on certiorari--Conference to narrow issues
Status: in_force

Upon the returns made as required by the writ, the court shall hear the parties, and if further hearing is deemed necessary to determine the case, the court may make such order as deemed advisable fixing such further procedure as may be conducive to expeditious and just determination of the proceeding, including a requirement for a conference of all parties appearing and their attorneys designed to narrow the issues inasmuch as reasonably possible through eliminating questions as to ballots, when such questions are not seriously urged, and the offsetting against each other of ballots which are marked for opposing candidates involved, or on opposite sides of the question, and which present identical issues as to validity, and through segregation of ballots remaining disputed into classes or groups where different classes or groups of ballots present identical questions.

Source: SDC 1939, § 16.1824.
S.D. Codified Laws § 12-19-2.4 — SD Code / Title 12 / Chapter 19 / Section 12-19-2.4
Multiple applications or requests for ballots and multiple ballots--Application
Status: in_force

If any voter who had previously filed an application or request for an absentee ballot submits another application or request for the same election with an updated address, the county auditor shall send an absentee ballot to the new address. If any voter who had previously filed an application or request for absentee ballot appears at the county auditor's office, the voter may complete another application and be allowed to vote an absentee ballot. If any voter who filed an application or request for absentee ballot notifies the county auditor that the voter never received that ballot, the voter may request that another ballot be sent to the same address. The provisions of this section only apply to a person who has not voted or returned an absentee ballot.

Source: SL 2005, ch 93, § 2.
S.D. Codified Laws § 12-19-1.2 — SD Code / Title 12 / Chapter 19 / Section 12-19-1.2
Time for absentee voting
Status: in_force

Absentee voting shall begin neither earlier nor later than forty-six days prior to the election including any voter identified as being covered by the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1).

Source: SL 2013, ch 66, § 2.
S.D. Codified Laws § 12-2-2.1 — SD Code / Title 12 / Chapter 2 / Section 12-2-2.1
Statewide elections limited to primary, runoff, and general election dates
Status: in_force

No statewide election or referendum may be held on a date other than a date ordinarily provided by statute for a primary, runoff, or general election, with the exception of a date provided by the Legislature to hold a special election.

Source: SL 1986, ch 116; SL 2000 (SS), ch 2, § 2.
S.D. Codified Laws § 12-1-34 — SD Code / Title 12 / Chapter 1 / Section 12-1-34
Exception for registered sex offender circulating nominating petition on his or her own behalf
Status: in_force

The provisions of § 12-1-32 do not apply, if the registered sex offender is circulating any nominating petitions on his or her own behalf for election to any federal, state, or local office for which the registered sex offender is otherwise qualified.

Source: SL 2012, ch 80, § 3.
S.D. Codified Laws § 12-1-13 — SD Code / Title 12 / Chapter 1 / Section 12-1-13
Challenge to petition signatures or declaration of candidacy
Status: in_force

Within five business days after a nominating, initiative, or referendum petition, excluding petitions for statewide initiative, referendum, or constitutional initiative petitions, is validated and filed with the person in charge of the election, any interested person who has researched the signatures contained on the petition or, for a nominating petition, has researched the information contained in the declaration of candidacy, may submit an affidavit stating that the petition contains deficiencies as to the number of signatures of persons who are eligible to sign the petition or that the declaration of candidacy is not valid. The affidavit shall include an itemized listing of the specific deficiencies in question.

Any challenge to the following items is prohibited under this challenge process:

(1) Signer does not live at address listed on the petition;

(2) Circulator does not live at address listed on the petition;

(3) Circulator listed a residence address in South Dakota but is not a South Dakota resident;

(4) Circulator did not witness the signers;

(5) Signatures or petition sheets not included in the random sample. This subdivision applies only to petitions for statewide candidates, new party formation petitions, or to local jurisdictions that conduct random sampling; and

(6) Petition that was originally rejected.

All challenges by the same person or party in interest shall be included in one affidavit.

The original signed affidavit shall be received by the person in charge of that election by 5:00 p.m. local time on the deadline date. If the affidavit challenges any item that is prohibited by this section, only that line item shall be summarily rejected.

The decision of the secretary of state or the person in charge of the election regarding a challenge under this section may not be challenged a second time with the secretary of state or the person in charge of the election, but may be appealed to the circuit court. Any challenge with the secretary of state may be appealed in Hughes County. An appeal challenging a nominating petition for a primary election, takes precedence over other cases in circuit court. Any party appealing the circuit court order to the Supreme Court shall file a notice of appeal within ten days of the date of the notice of the entry of the circuit court order.

A failure to challenge a petition in accordance with this section does not deny a person any other legal remedy to challenge the filing of a nominating, initiative, or referendum petition in circuit court. A challenge to a petition in circuit court may include items prohibited in this section.

Source: SL 1999, ch 70, § 1; SL 2014, ch 69, § 1; SL 2015, ch 74, § 1; SL 2016, ch 75, § 2, eff. Feb. 18, 2016; SL 2017, ch 12, § 5; SL 2019, ch 68, § 1.
S.D. Codified Laws § 12-19-54 — SD Code / Title 12 / Chapter 19 / Section 12-19-54
Payment for assisting voters based on number of voters assisted prohibited--Violation as misdemeanor
Status: in_force

No person may employ, reward, or compensate any person to assist voters based on the number of voters assisted. Nothing in this section prohibits any person from hiring a person paid on an hourly or salaried basis to assist voters. Any violation of this section is a Class 1 misdemeanor.

Source: SL 2005, ch 91, § 3; SL 2023, ch 51, § 18.
S.D. Codified Laws § 12-6-58 — SD Code / Title 12 / Chapter 6 / Section 12-6-58
Application of vacancy provisions to special congressional elections
Status: in_force

Sections 12-6-56 and 12-6-57 shall also apply to the selection of candidates to be voted on at any special election to fill congressional vacancies pursuant to chapter 12-11 .

Source: SL 1929, ch 118, § 56; SDC 1939, § 16.0243; SL 1968, ch 77; SL 1973, ch 74, § 13.
S.D. Codified Laws § 12-4-4.3 — SD Code / Title 12 / Chapter 4 / Section 12-4-4.3
Overseas citizen defined
Status: in_force

An "overseas citizen" is any person residing outside the territory of the United States of America including its territories and possessions, and who is a citizen of the United States.

Source: SL 1977, ch 112, § 3.
S.D. Codified Laws § 12-4-4.10 — SD Code / Title 12 / Chapter 4 / Section 12-4-4.10
Secretary of state to provide voter registration and absentee voting information
Status: in_force

The secretary of state shall provide any absentee uniformed services and overseas voter information on voter registration procedures and how to vote absentee.

Source: SL 2003, ch 83, § 13.
S.D. Codified Laws § 12-9-14 — SD Code / Title 12 / Chapter 9 / Section 12-9-14
Nomination by highest vote--Number of nominees
Status: in_force

The nominees shall be those persons constituting twice the number of persons to be elected receiving the highest number of votes in the primary election.

Source: SL 1921, ch 224, § 5; SL 1925, ch 162, § 2; SDC 1939, § 16.0305; SL 1968, ch 143, § 4; SL 1974, ch 118, § 44.
S.D. Codified Laws § 12-24A-6 — SD Code / Title 12 / Chapter 24A / Section 12-24A-6
Elector chosen to fill vacancy--Notice--Duties
Status: in_force

Immediately after the choice of elector is made, the name of the individual chosen to fill the vacancy must be certified to the Governor by the electors making the choice. The Governor shall cause notice to be immediately given, in writing, to the individual chosen to fill the vacancy. If the Governor is not present, the secretary of state shall notify the individual chosen to fill the vacancy.

The individual chosen to fill the vacancy shall meet the other electors at the time and place set forth in § 12-24A-3 to discharge the duties enjoined upon the individual as an elector, by the Constitution and laws of the United States and of this state.

Source: SL 1890, ch 84, § 15; RPolC 1903, § 1963; RC 1919, § 7326; SDC 1939, § 16.1603; SDCL § 12-24-3; SL 2026, ch 74, §§ 3, 9, 10.
S.D. Codified Laws § 12-4-6 — SD Code / Title 12 / Chapter 4 / Section 12-4-6
Filling out registration card--Registration at driver's license station--Applicant unable to write
Status: in_force

An applicant for registration shall answer questions and sign the oath as required on the form prescribed by the State Board of Elections. An applicant for registration at a driver's license station shall also sign a signature card prescribed by the Department of Public Safety. This signature shall be digitized and used to prepare the registration card as provided in § 12-4-5 . If an applicant is unable to write his or her name, the applicant shall make a mark, the applicant's name being written near such mark, and written by a person who writes his or her own name as a witness.

Source: SL 1961, ch 92, § 13; SL 1969, ch 83, § 4; SL 1974, ch 118, § 8; SL 1975, ch 119, § 13; SL 1985, ch 107, § 2; SL 1994, ch 107, § 8; SL 2004, ch 17, § 8.
S.D. Codified Laws § 12-15-2.1 — SD Code / Title 12 / Chapter 15 / Section 12-15-2.1
Precinct superintendent and precinct deputy prohibited to serve as poll watchers
Status: in_force

No person appointed as a precinct superintendent or precinct deputy may serve as a poll watcher at that election.

Source: SL 1984, ch 109, § 1; SL 1999, ch 69, § 5.
S.D. Codified Laws § 12-21-8 — SD Code / Title 12 / Chapter 21 / Section 12-21-8
Precinct recount on petition by voters of precinct
Status: in_force

When within ten days after an election any three registered voters of a precinct file with the officer in charge of the election a petition, duly verified by them, setting forth that they believe that the official returns from such precinct as to a specified candidate or as to a specified referred or submitted question are erroneous, the votes of such precinct as to the office or position specified or as to the question specified shall be recounted.

Source: SDC 1939, § 16.1803 (1); SL 1974, ch 118, § 175.
S.D. Codified Laws § 12-21-3.1 — SD Code / Title 12 / Chapter 21 / Section 12-21-3.1
Meeting of recount board open to the public--Penalty
Status: in_force

A meeting of a recount board pursuant to this chapter must be open to the public. Members of the general public shall keep a reasonable distance from the ballots.

A violation of this section is a Class 2 misdemeanor.

Source: SL 2024, ch 47, § 3.
S.D. Codified Laws § 12-24-5 — SD Code / Title 12 / Chapter 24 / Section 12-24-5
12-24-5. Compensation and mileage of electors
Status: in_force

The electors shall receive the same compensation per diem and the same mileage as members of the Legislature.
S.D. Codified Laws § 12-19-5 — SD Code / Title 12 / Chapter 19 / Section 12-19-5
Mailing of ballots and enclosures to voter--Free air mail for federal service voters--Last day to mail absentee ballot
Status: in_force

The envelope containing the enclosures, if not delivered to the voter personally by the person in charge of the election or the authorized messenger filing the voter's request for an absentee ballot, must, except for federal service voters, be mailed by first class mail to the address of the applicant stated in the application, with postage prepaid thereon.

The return envelope and the envelope for transmitting the enclosures to federal service voters must meet the requirements of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq., as of January 1, 2023, and must be transmitted by air mail, free of United States postage, including air mail.

No public official may mail an absentee ballot to a voter after the Monday prior to election day.

Source: SL 1913, ch 200, § 1; SL 1917, ch 233, § 1; RC 1919, § 7226; SL 1919, ch 189; SL 1925, ch 159, § 1; SDC 1939, § 16.0606; SL 1944 (SS), ch 2, § 4; SL 1953, ch 75, § 3; SL 1955, ch 55, § 2; SL 1957, ch 85, § 4; SDC Supp 1960, § 16.0613; SL 1963, ch 110, § 1; SL 1964, ch 59; SL 1965, ch 88; SL 1967, ch 72; SDCL, § 12-19-27; SL 1974, ch 118, § 137; SL 1976, ch 105, § 63; SL 1979, ch 105, § 1; SL 1980, ch 115, § 5; SL 1993, ch 116, § 4; SL 2023, ch 51, § 6.
S.D. Codified Laws § 12-9-12 — SD Code / Title 12 / Chapter 9 / Section 12-9-12
Judicial primary ballots--Contents
Status: in_force

In a primary election at which candidates for judicial office are to be nominated, the name of each candidate must be placed on the official primary election ballot, as prescribed by the State Board of Elections, in the order designated by the secretary of state, without any party designation.

Source: SL 1921, ch 224, § 5; SL 1925, ch 162, § 2; SDC 1939, § 16.0305; SL 1974, ch 118, § 42; SL 2026, ch 69, § 2, eff. Mar. 5, 2026.
S.D. Codified Laws § 12-13-4 — SD Code / Title 12 / Chapter 13 / Section 12-13-4
Lettering and numbering of submitted questions
Status: in_force

Beginning with the 2004 general election and each election thereafter, each constitutional amendment shall be consecutively designated by a letter until each letter of the alphabet has been used for purpose of preparing the official ballots and notices. If all the letters have been used, the next constitutional amendment shall be designated at the beginning of the alphabet. Beginning with the 2004 general election and each election thereafter, each initiated measure or referred law shall be consecutively designated by a number for the purpose of preparing the official ballots and notices.

Source: SDC 1939, § 16.1301; SL 1964, ch 61; SL 2003, ch 81, § 1.
S.D. Codified Laws § 12-22-24 — SD Code / Title 12 / Chapter 22 / Section 12-22-24
Procedure as in other civil proceedings
Status: in_force

Except as otherwise specifically provided, and so far as applicable, the procedure shall be the same as in other civil proceedings.

Source: SDC 1939, § 16.1909.
S.D. Codified Laws § 12-6-3 — SD Code / Title 12 / Chapter 6 / Section 12-6-3
Candidacy for more than one office in same election prohibited--Exceptions
Status: in_force

No person's name may appear on the primary election ballot as a candidate for nomination to more than one public office in the same election, except that a person may be the candidate for any public office and the office of President of the United States, vice president of the United States, director of a water development district, or director of a consumer power district. A candidate for any such office is not prohibited from seeking election to one or more party offices as may be provided in chapter 12-5 . If a candidate secures a nomination at a state party convention, the candidate shall withdraw as a candidate from one of the offices and submit the withdrawal to the secretary of state on or before the date on which the secretary of state receives the state party certification.

Source: SDC 1939, § 16.0215; SL 1973, ch 74, § 2; SL 2002, ch 73, § 3; SL 2015, ch 76, § 3; SL 2019, ch 71, § 1; SL 2019, ch 72, § 1.
S.D. Codified Laws § 12-27-11 — SD Code / Title 12 / Chapter 27 / Section 12-27-11
Required information about contributors--Contributions from unknown source to be donated to charitable entity--Violation as misdemeanor
Status: in_force

No person, entity, candidate, or political committee may give or accept a contribution unless the name, mailing address, city and state of the contributor is made known to the person, entity, candidate, or political committee receiving the contribution. In addition to any other information to be made known under this section, the name of the custodial parent or parents of an unemancipated minor who makes a contribution shall be made known. Any contribution, money, or other thing of value received by a candidate or political committee from an unknown source shall be donated to a nonprofit charitable entity. 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, § 11; SL 2017, ch 222 (Initiated Measure 22), § 12, eff. Nov. 16, 2016; SL 2017, ch 72, § 11, eff. Feb. 2, 2017; SL 2017, ch 71, § 11; SL 2019, ch 77, § 5.
S.D. Codified Laws § 12-4-5 — SD Code / Title 12 / Chapter 4 / Section 12-4-5
Entry of applicants in registration file--Deadline--List for runoff election
Status: in_force

The county auditor shall enter in the master registration file the name of each eligible person whose completed application for registration and mail registration card is received no later than 5:00 p.m. local time at least fifteen days preceding the election by the county auditor or the local, state, or federal agency responsible for conducting voter registration under this chapter. A voter registration completed at any local, state, or federal agency during any week commencing on Tuesday through the following Monday shall be sent to the appropriate county auditor by the agency receiving the registration or mail registration card no later than the following Wednesday. The State Board of Elections may promulgate rules, pursuant to chapter 1-26 , for the alternative transmission of voter registration information by computer from the agency to the secretary of state. The name of any voter who has registered to vote by 5:00 p.m. local time fifteen days preceding a runoff election shall be added to the file used for the runoff election.

Source: SL 1961, ch 92, §§ 4, 13; SDCL §§ 12-4-4 , 12-4-5.1 ; SL 1969, ch 83, § 4; SL 1970, ch 86, § 11; SL 1974, ch 118, § 7; SL 1978, ch 94, § 1; SL 1981, ch 120, § 1; SL 1985, ch 106, § 2; SL 1985, ch 107, § 1; SL 1985, ch 110, § 1C; SL 1994, ch 107, § 6; SL 1996, ch 95, § 4; SL 2002, ch 40, § 5; SL 2017, ch 68, § 1; SL 2019, ch 69, § 1.
S.D. Codified Laws § 12-25-33 — SD Code / Title 12 / Chapter 25 / Section 12-25-33
No filing fee for required statements
Status: in_force

No filing fee may be charged for any report required by this chapter.

Source: SL 1980, ch 116.
S.D. Codified Laws § 12-18-7.1 — SD Code / Title 12 / Chapter 18 / Section 12-18-7.1
Registered persons entitled to vote--Voting on acknowledgment notice--Verification with auditor--Emergency voting card
Status: in_force

Any person whose name appears on the precinct registration list may vote at that election. However, if a person's name does not appear on the registration list, but the person does present an acknowledgment notice, the person shall be permitted to vote if one of the members of the precinct election board communicates with the office of the county auditor and confirms that the person's name was erroneously omitted from the list. If it is not possible to communicate with the office of county auditor, the person may vote after executing an emergency voting card pursuant to § 12-18-7.2 .

Source: SL 1961, ch 92, § 21 as enacted by SL 1969, ch 83, § 5; SL 1970, ch 86, § 5; SL 1974, ch 118, § 110; SL 1990, ch 107; SL 1994, ch 107, § 28; SL 1999, ch 69, § 28.
S.D. Codified Laws § 12-25-28 — SD Code / Title 12 / Chapter 25 / Section 12-25-28
Statements by candidates for state or federal office subject to primary--Violation as petty offense or misdemeanor
Status: in_force

Any candidate for the United States Senate, the United States House of Representatives, Governor, circuit court judge, or the Legislature shall file a statement of financial interest with the secretary of state not more than fifteen days after filing the candidate's nominating petitions. Any Supreme Court justice shall file a statement of financial interest with the secretary of state not more than fifteen days following notice to the secretary of state of the justice's intention to place the justice's name on the retention ballot. A violation of this section is a petty offense. Any intentional violation of this section is a Class 2 misdemeanor.

Source: SL 1974, ch 121, § 2; SL 1975, ch 125, § 22; SL 1979, ch 108, § 5; SL 1982, ch 86, § 107; SL 1984, ch 113; SL 2017, ch 23, § 3.
S.D. Codified Laws § 12-17B-4 — SD Code / Title 12 / Chapter 17B / Section 12-17B-4
Contract by political subdivision with county for use of system
Status: in_force

The governing body of a political subdivision may contract with any county for the use of an automatic tabulating or electronic ballot marking system for elections within the political subdivision.

Source: SL 1994, ch 110, § 8; SL 2005, ch 92, § 5; SL 2018, ch 81, § 5, eff. Feb. 5, 2018.
S.D. Codified Laws § 12-21-32 — SD Code / Title 12 / Chapter 21 / Section 12-21-32
Certification of recount result--Contents and execution--Transmittal to secretary of state
Status: in_force

Upon the conclusion of the recount of all ballots to be recounted the county recount board shall certify the result. The certificate shall be signed by at least two members of the board, attested under seal by the county auditor. The certificate shall set forth in substance the proceedings of the board and appearances of any candidates or representatives, shall adequately designate each precinct recounted, the vote of each precinct according to the official canvass previously made as to the office, nomination, position, or question involved, and the correct vote of such precinct as to the office, nomination, position, or question as determined by the board through the recount. The certificate shall be made in duplicate, and either the original or duplicate original shall be transmitted to the secretary of state by mail in any recount affecting a certificate to be issued by the secretary of state.

Source: SDC 1939, § 16.1811; SL 1974, ch 118, § 183; SL 2008, ch 34, § 18.
S.D. Codified Laws § 12-14-1 — SD Code / Title 12 / Chapter 14 / Section 12-14-1
Designation of precincts and polling places by county commissioners--Changes--Separate voter lists of special voting districts
Status: in_force

The board of county commissioners shall by resolution provide for election precincts throughout its county and shall designate polling places within such precincts. The board shall establish new election precincts if required by the provisions of this chapter and may by resolution change the boundaries of election precincts already established. The county auditor shall be able to provide separate lists of voters living within the boundaries of each municipality, ward, school district, and any other special voting district.

Source: SDC 1939, § 16.0801; SL 1959, ch 94; SL 1974, ch 118, § 60; SL 1978, ch 101, § 1; SL 2002, ch 40, § 15.
S.D. Codified Laws § 12-4-38 — SD Code / Title 12 / Chapter 4 / Section 12-4-38
County auditor's file is official record in event of discrepancy
Status: in_force

The statewide voter registration file maintained by the secretary of state shall be considered a duplicate file of the official voter registration records held in each county office. If there is any discrepancy between the statewide voter registration file maintained by the secretary of state and the master registration file maintained by the county auditor, the master registration file maintained by the county auditor is the official file. However, for federal elections the statewide file shall be the official voter registration file. Upon request from the secretary of state, each county auditor shall transmit the county's entire voter file to the state voter registration file.

Source: SL 2001, ch 66, § 2; SL 2003, ch 83, § 9.
S.D. Codified Laws § 12-27-37 — SD Code / Title 12 / Chapter 27 / Section 12-27-37
Confidentiality of records
Status: in_force

The attorney general shall keep each record inspected or examined confidential except when the records are used to enforce provisions of this chapter associated with a criminal or civil action.

Source: SL 2007, ch 80, § 37; SL 2017, ch 222 (Initiated Measure 22), § 27, eff. Nov. 16, 2016; SL 2017, ch 72, § 26, eff. Feb. 2, 2017.
S.D. Codified Laws § 12-1-38 — SD Code / Title 12 / Chapter 1 / Section 12-1-38
Circuit court challenge not affected by random sampling
Status: in_force

Nothing in §§ 12-1-35 to 12-1-37 , inclusive, prohibits any person from challenging in circuit court the validity of signatures or other information required on a nominating petition for statewide office by law or rule.

Source: SL 2015, ch 75, § 4.
S.D. Codified Laws § 12-18-40 — SD Code / Title 12 / Chapter 18 / Section 12-18-40
Use of provisional ballot
Status: in_force

Before giving a person a provisional ballot, the person shall complete an affirmation. The person's name shall be written in the pollbook along with a designation that the person has cast a provisional ballot. The person shall be given the ballot appropriate to the precinct in which the person is claiming to be registered, along with a provisional ballot envelope. After the person votes, the person shall seal the ballot in the provisional ballot envelope and complete the statement on the envelope. The envelope shall then be placed in the ballot box. The provisional ballot and provisional ballot envelope shall be prescribed by the State Board of Elections.

Source: SL 2003, ch 83, § 2.
S.D. Codified Laws § 12-27-18 — SD Code / Title 12 / Chapter 27 / Section 12-27-18
Independent communication expenditures--Violation as misdemeanor
Status: in_force

An entity may make independent communication expenditures regarding the placement of one or more ballot questions on the ballot or the adoption or defeat of one or more ballot questions. Any entity making expenditures, equal to or exceeding fifty percent of the entity's annual gross income, for the adoption or defeat of one or more ballot measures is a ballot question committee. 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, § 18; SL 2009, ch 65, § 1; SL 2010, ch 76, § 8, eff. Mar. 25, 2010; SL 2011, ch 83, § 2; SL 2017, ch 71, § 18; SL 2018, ch 83, § 2; SL 2018, ch 85, § 5.
S.D. Codified Laws § 12-17B-23 — SD Code / Title 12 / Chapter 17B / Section 12-17B-23
Post-election audit--Notice to candidates impacted--Recount petition
Status: in_force

If the results of the post-election audit show a discrepancy in the results greater than the margin by which any contest for elected office on the ballot in the county was decided, the auditor shall notify the candidates for that office. Any candidate who receives a notification from the county auditor shall have an additional seven days from the date from when the auditor sends the notification to file a verified petition requesting a recount of the official returns pursuant to §§ 12-21-10 or 12-21-11 . The petition may be filed regardless of the margin by which the contest was decided.

Source: SL 2023, ch 50, § 6.
S.D. Codified Laws § 12-16-7 — SD Code / Title 12 / Chapter 16 / Section 12-16-7
Number stated where more than one to be chosen--More than one independent candidate
Status: in_force

If more than one candidate is to be nominated or elected to the same office the ballot shall so state, as for instance, "For state senator, any two to be elected." In the independent column if there is more than one candidate for a single office the ballot shall so state, as for instance, "For United States Senator, one to be elected."

Source: SL 1925, ch 160; SDC 1939, § 16.1105 (2); SL 1964, ch 60, § 1; SL 1974, ch 118, § 72.
S.D. Codified Laws § 12-15-3 — SD Code / Title 12 / Chapter 15 / Section 12-15-3
Distribution of precinct officials among parties--Superintendent from majority party--Eligible appointees when list not provided
Status: in_force

In the appointment of the members of the precinct election board and of the counting board pursuant to this chapter, if three or more parties have candidates on the official ballot, one precinct deputy shall be appointed from each party whose candidate for Governor in the last gubernatorial election had at least fifteen percent of the votes as shown by the precinct returns. If two parties have candidates on such ballots, the members of the precinct election board shall be selected from each party and the party receiving a majority of the votes cast for Governor in the election precinct at the last preceding gubernatorial election shall have a majority of the members of the precinct election board. The precinct superintendent shall belong to the party whose candidate received the most votes for Governor in the last gubernatorial election in that precinct. If a precinct has been created since the last election, the precinct superintendent shall belong to the party which received the most votes for Governor in the county in the last gubernatorial election. If no list is provided by a party's county central committee pursuant to § 12-15-1 , any registered voter who is not affiliated with a party as provided in this section may be chosen as a precinct election board member for the party which did not submit the list within time frame specified in § 12-15-1 .

Source: SDC 1939, § 16.1002; SL 1939, ch 79; SL 1975, ch 119, § 2; SL 1976, ch 105, § 34; SL 1993, ch 118, § 2; SL 1999, ch 69, § 6; SL 2000, ch 72, § 1.
S.D. Codified Laws § 12-16-30 — SD Code / Title 12 / Chapter 16 / Section 12-16-30
Official stamp for ballots--Delivery of stamp and supplies
Status: in_force

Before opening the polls the county auditor or officer charged with the conduct of a local election shall deliver to the precinct superintendent of each precinct within the county, for use at the polling place of the precinct, a rubber stamp. The stamp shall contain the words, official ballot, the name or number of the election precinct, the name of the jurisdiction holding the election, and the date of the election. The date may be omitted if it is pre - printed on all ballots for the election. The stamp and other supplies for the election shall be delivered and receipted for by a member of the precinct election board in the manner and at the time as provided in this chapter for the delivery and receipt of packages of ballots.

Source: SDC 1939, § 16.1106; SL 1974, ch 118, § 86; SL 1998, ch 82, § 1; SL 1999, ch 69, § 18.
S.D. Codified Laws § 12-26-14 — SD Code / Title 12 / Chapter 26 / Section 12-26-14
Use of public relief, loans, or grants to influence political activity or vote as misdemeanor
Status: in_force

It is a Class 1 misdemeanor for any person, directly or indirectly, to promise or threaten to grant or withhold or to cause to be granted or withheld, any public relief, assistance loans, or grants for the purpose or with the intention of controlling or influencing the political affiliations, party registration, support or vote at any election, of any person so promised or threatened.

The terms "public relief" and "assistance" include all forms of direct public relief and also all forms of indirect relief such as employment on any public works or project. The terms "loans" and "grants" include all forms of financial assistance granted by the federal government or any of its agencies and also by this state or any of its political subdivisions.

Source: SL 1939, ch 240, §§ 1, 2, 4; SDC Supp 1960, § 13.0930; SL 1982, ch 86, § 120.
S.D. Codified Laws § 12-26-32 — SD Code / Title 12 / Chapter 26 / Section 12-26-32
Deepfake--Definitions
Status: in_force

Terms used in §§ 12-26-32 to 12-26-37 , inclusive, mean:

(1) "Artificial intelligence," any machine-based system that, for any explicit or implicit objective, infers from the inputs received by the system how to generate content, decisions, predictions, recommendations, or other outputs, which can influence physical or virtual environments; and

(2) "Deepfake," any image, audio recording, or video recording created or manipulated with the use of artificial intelligence or other digital technology that is so realistic, a reasonable person would believe it depicts the speech or conduct of an actual individual who did not in fact engage in the speech or conduct.

Source: SL 2025, ch 68, § 1.
S.D. Codified Laws § 12-21-60 — SD Code / Title 12 / Chapter 21 / Section 12-21-60
Right of appeal to Supreme Court from judgment on certiorari
Status: in_force

As to any such judgment of a circuit court any party to the proceeding aggrieved thereby may appeal to the Supreme Court in the manner provided by § 12-21-61 . For the purposes of this section, any person or official who has been permitted to appear in the proceeding shall be deemed a party thereto.

Source: SDC 1939, § 16.1829.
S.D. Codified Laws § 12-9-15 — SD Code / Title 12 / Chapter 9 / Section 12-9-15
Petitions to fill vacancies after primary
Status: in_force

Whenever after nominations have been made under the provisions of this chapter and the number of nominees for a judicial office shall be reduced through death, withdrawal, or disqualification of a nominee or nominees for such office, the registered voters of the district or circuit as the case may be, may, if there is sufficient time for filing a nominating petition pursuant to § 12-8-6 , nominate one or more candidates for such judicial office by a petition otherwise complying with § 12-9-4 .

Source: SL 1921, ch 224, § 6; SL 1925, ch 162, § 3; SDC 1939, § 16.0308; SL 1968, ch 143, § 7; SL 1974, ch 118, § 45.
S.D. Codified Laws § 12-6-8.1 — SD Code / Title 12 / Chapter 6 / Section 12-6-8.1
Candidate withdrawal--Filing deadline--Ballot
Status: in_force

Any candidate may withdraw the candidate's name from the primary election by making a written request under oath. The candidate shall file the request with the officer with whom the nominating petition was filed pursuant to § 12-6-4 , before five p.m. local time, on the first Thursday after the deadline for filing a nominating petition.

A name withdrawn pursuant to this section may not be printed on the ballots to be used at the election.

Source: SL 1981, ch 121; SL 2007, ch 81, § 10; SL 2011, ch 78, § 1; SL 2015, ch 77, § 13 rejected Nov. 8, 2016; SL 2026, ch 35, § 6.
S.D. Codified Laws § 12-26-12 — SD Code / Title 12 / Chapter 26 / Section 12-26-12
Persecution, threats, or intimidation to influence vote as misdemeanor--Obstruction of voter on way to polls
Status: in_force

A person who directly or indirectly, intentionally, by force or violence, or by unlawful arrest, or by any abduction, duress, damage, harm, or loss, or by any forcible or fraudulent contrivance, or by threats to do or employ any of them, or by threats of bringing civil suit or criminal prosecution, withdrawal of customs or dealing in business or trade, or enforcing payment of debts, or by any kind of injury or threat of injury inflicted or to be inflicted on any voter or person to influence any voter, and attempted, done, or threatened, or caused to be attempted, done, or threatened by any person in his own behalf or in behalf of any other person or question voted upon or to be voted upon at any election, for the purpose of preventing, causing, or intimidating a voter to vote or refrain from voting for or against any person or question, or who does or causes to be done any of such things because of a voter having voted or refrained from voting on any such matter, or who intentionally and without lawful authority obstructs, hinders, or delays a voter on his way to any poll where an election is to be held, is guilty of a Class 2 misdemeanor.

Source: PenC 1877, §§ 63, 77, 78; CL 1887, §§ 6262, 6277, 6278; SL 1891, ch 58, §§ 4, 7; RPenC 1903, §§ 61, 64, 67, 82, 83; RC 1919, §§ 3652, 3655, 3656, 3669, 3670; SDC 1939, § 13.0913; SL 1982, ch 86, § 118.
S.D. Codified Laws § 12-27-41 — SD Code / Title 12 / Chapter 27 / Section 12-27-41
Filing by electronic transmission
Status: in_force

Any statement required to be filed under this chapter may be filed by electronic transmission in accordance with the methods approved by the secretary of state. To be timely filed, any statement received by electronic transmission shall be legible and readable when received by the means it was delivered.

Source: SL 2007, ch 80, § 41; SL 2012, ch 18, § 12; SL 2017, ch 222 (Initiated Measure 22), § 28; SL 2017, ch 72, § 27, eff. Feb. 2, 2017.
S.D. Codified Laws § 12-18-27 — SD Code / Title 12 / Chapter 18 / Section 12-18-27
Marked ballot not to be publicized--Immediate deposit in ballot box
Status: in_force

No person may publicize an official ballot after it is marked to any person in such a way as to reveal the contents of the official ballot, or the name of any candidate for whom the person has marked a vote. No person may solicit a voter to show the voter's official ballot. Immediately after marking the official ballot the voter shall deposit the official ballot in the ballot box, if necessary, leaving the official stamp exposed.

Source: SDC 1939, § 16.1209; SL 1974, ch 118, § 130; SL 1976, ch 105, § 60; SL 1999, ch 69, § 35; SL 2017, ch 2, § 4.
S.D. Codified Laws § 12-25-34 — SD Code / Title 12 / Chapter 25 / Section 12-25-34
Information from reports or statements--Sale or use for solicitation or commercial purpose prohibited--Misdemeanor
Status: in_force

Any information copied, or otherwise obtained, from any report or statement, or copy, reproduction, or publication thereof, filed with the secretary of state under this chapter, shall not be sold or utilized by any person for the purpose of soliciting contributions, or any commercial purpose. For purposes of this section, "any commercial purpose" does not include the sale of newspapers, magazines, books, or other similar communications, the principal purpose of which is not to communicate lists or other information obtained from a report filed in accordance with this chapter.

Any violation of this section shall be a Class 2 misdemeanor.

Source: SL 1980, ch 117, § 1.
S.D. Codified Laws § 12-21-11.1 — SD Code / Title 12 / Chapter 21 / Section 12-21-11.1
Notice to secretary of state of petition filed with county auditor
Status: in_force

Whenever a petition for recount is filed with the county auditor for an election which has been canvassed by the State Board of Canvassers, the county auditor shall notify the secretary of state of the petition for recount.

Source: SL 1981, ch 128.
S.D. Codified Laws § 12-1-9 — SD Code / Title 12 / Chapter 1 / Section 12-1-9
Promulgation of rules by board
Status: in_force

The State Board of Elections shall promulgate rules, pursuant to chapter 1-26 , concerning:

(1) Forms for voter registration and voter file maintenance;

(2) Forms and color of ballots;

(3) Forms for notices;

(4) The uniformity of election procedures;

(5) The operation of the State Board of Elections;

(6) The procedure to accept a petition and verify petition signatures;

(7) Petition forms, including petition size and petition font size;

(8) Envelopes for absentee voting;

(9) Instructions to voters and absentee voters;

(10) Recounts; and

(11) Post-election audits.

Source: SL 1974, ch 117, § 3; SL 1998, ch 78, § 1; SL 2002, ch 40, § 4; SL 2018, ch 75, § 1; SL 2023, ch 50, § 9.
S.D. Codified Laws § 12-20-49 — SD Code / Title 12 / Chapter 20 / Section 12-20-49
Certificate of election issued for federal, state or legislative office
Status: in_force

A certificate of election, signed by the Governor, attested by the secretary of state, with the great seal of the state affixed, shall be issued to each person elected to a federal or state office, or a member of the State Legislature. The secretary of state shall forward to the appropriate federal officer certified copies of the certificates as may be required.

Source: SL 1890, ch 84, §§ 3, 10; RPolC 1903, §§ 1951, 1953; RC 1919, §§ 7298, 7300; SL 1929, ch 117, § 4; SDC 1939, §§ 16.1719, 16.1720; SDCL, § 12-20-50 ; SL 1973, ch 76, § 4.
S.D. Codified Laws § 12-11-8 — SD Code / Title 12 / Chapter 11 / Section 12-11-8
Nominations for specially elected senator--Vacancy near primary election
Status: in_force

Nominations of candidates for the special election for senator shall be conducted pursuant to chapter 12-6 . If a vacancy occurs within ninety days of the date of the primary election, or between the primary election and at least ninety days prior to the general election, the provisions of §§ 12-11-2 and 12-11-3 shall apply.

Source: SL 1979, ch 99, § 6.
S.D. Codified Laws § 12-14-1.1 — SD Code / Title 12 / Chapter 14 / Section 12-14-1.1
Notice to county auditor of boundary change for local election
Status: in_force

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

Source: SL 1974, ch 118, § 14; SL 2010, ch 74, § 12; SL 2017, ch 68, § 5.
S.D. Codified Laws § 12-27-18.1 — SD Code / Title 12 / Chapter 27 / Section 12-27-18.1
Acceptance of contributions by ballot question committee
Status: in_force

A ballot question committee may accept unlimited contributions from a:

(1) Person;

(2) Entity that complies with § 12-27-19 ;

(3) Political action committee;

(4) Political party;

(5) Candidate campaign committee; and

(6) Ballot question committee.

Source: SL 2008, ch 67, § 16; SL 2017, ch 71, § 19; SL 2018, ch 85, § 6.
S.D. Codified Laws § 12-25-31.1 — SD Code / Title 12 / Chapter 25 / Section 12-25-31.1
Certain personally identifiable information of judicial officers excluded from public record
Status: in_force

Any personally identifiable information contained in a statement of financial interest filed pursuant to this chapter by a candidate for circuit court judge or Supreme Court justice 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 for the candidate for the office of judge or justice subject to a retention election is a public record.

Source: SL 2022, ch 11, § 7, eff. Feb. 14, 2022.
S.D. Codified Laws § 12-17B-3 — SD Code / Title 12 / Chapter 17B / Section 12-17B-3
Authority of governing body to adopt, experiment with or abandon system
Status: in_force

Any governing body having supervision of elections within any political subdivision may adopt, experiment with, or abandon any automatic tabulating or electronic ballot marking system approved for use by the State Board of Elections. Any governing body may use the system in all or some of the precincts within its jurisdiction or in combination with any other type of voting system approved for use by the State Board of Elections.

Source: SL 1994, ch 110, § 7; SL 2005, ch 92, § 4; SL 2018, ch 81, § 4, eff. Feb. 5, 2018.
S.D. Codified Laws § 12-15-13 — SD Code / Title 12 / Chapter 15 / Section 12-15-13
Certification of fee of precinct superintendent and precinct deputy--Order for payment from treasury
Status: in_force

The county auditor shall, on the receipt of the returns of any primary, general, or special election make out a certificate stating the fee that each precinct superintendent and precinct deputy is entitled. The county auditor shall submit the certificate to the board of county commissioners at its next session. The board shall order the fee to be paid out of the county treasury.

Source: SDC 1939, § 16.1710; SL 1943, ch 74; SL 1947, ch 85, § 1; SL 1955, ch 54, § 6; SL 1976, ch 105, § 39; SL 1987, ch 124, § 2; SL 1993, ch 118, § 7; SL 1999, ch 69, § 11.
S.D. Codified Laws § 12-19-2.3 — SD Code / Title 12 / Chapter 19 / Section 12-19-2.3
Uniformed and Overseas Citizens Absentee Voting Act--Application or request for absentee ballot
Status: in_force

Any voter 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, may submit an application or request for an absentee ballot by facsimile or emailed image to the person in charge of the election. The secretary of state may authorize a person in charge of an election to accept an application or request for an absentee ballot pursuant to this section through the system provided by the Office of the Secretary of State.

Source: SL 2005, ch 93, § 3; SL 2011, ch 82, § 1; SL 2023, ch 51, § 3.
S.D. Codified Laws § 12-4-15 — SD Code / Title 12 / Chapter 4 / Section 12-4-15
Voter information and party affiliation--Designation or change
Status: in_force

A person may designate or change that person's party affiliation, name, address, phone number, or email address by completing a new registration card. If a person completes a registration card to change that person's name, address, phone number, or email address, and leaves the field for party affiliation blank, the county auditor must list the person's party affiliation as the most recent party affiliation registered for that person. If a person completes a registration card to register to vote for the first time in the state and leaves the field for party affiliation blank, the county auditor must register that person's party affiliation as no party affiliation.

Source: SL 1961, ch 92, § 8; SL 1976, ch 105, § 8; SL 1994, ch 107, § 18; SL 2018, ch 72, § 2, eff. July 1, 2019; SL 2023, ch 44, § 10.
S.D. Codified Laws § 12-9-6 — SD Code / Title 12 / Chapter 9 / Section 12-9-6
Party references prohibited in petitions filed
Status: in_force

In any petition filed by or on behalf of any candidate for nomination to judicial office at any primary election or any attachment thereto no reference shall be made to any party ballot or to the party affiliation of such candidate.

Source: SL 1921, ch 224, § 3; SDC 1939, § 16.0303; SL 1974, ch 118, § 39.
S.D. Codified Laws § 12-14-15 — SD Code / Title 12 / Chapter 14 / Section 12-14-15
Change in precinct boundary or polling place
Status: in_force

No precinct boundary or polling place may be changed after the publication of the first notice of election is published as provided in § 12-12-1 . If a designated polling place is destroyed or becomes otherwise physically unusable as a polling place after the first notice of election is published, the county auditor shall recommend a new polling place to be approved by the board of county commissioners. The approval of the new polling place may be made by the board of county commissioners during a conference call meeting.

Notice of the new polling place shall be conspicuously posted at the old polling place location. The county auditor shall also provide notice through the local print and broadcast media. The notice shall be sufficient to reasonably inform the affected voters of the change in polling place location or the county auditor shall mail a notice, if possible, no later than three days prior to the election, to each registered voter assigned to the affected polling place.

Source: SL 2007, ch 73, § 1.
S.D. Codified Laws § 12-6-56 — SD Code / Title 12 / Chapter 6 / Section 12-6-56
Party committee--Party candidate vacancies
Status: in_force

If a vacancy occurs by reason of death or withdrawal after a primary election, a party candidate for public office may be chosen if a meeting of the appropriate party central committee is held and the results are certified to the appropriate official within the times prescribed by § 12-8-6 .

If the vacancy is a party candidate for presidential elector or statewide office, the vacancy shall be filled by the State Party Central Committee. If the vacancy is a party candidate for public office other than presidential elector or statewide office, the vacancy shall be filled by a vote of county party central committee members in attendance who reside in the affected district.

The certification of the results shall be signed by the person responsible for calling the meeting under § 12-6-57 or the person designated to conduct the meeting under § 12-6-57 .

Source: SL 1929, ch 118, § 56; SDC 1939, § 16.0243; SL 1973, ch 74, § 12; SL 1991, ch 119, § 1; SL 2007, ch 75, § 1; SL 2015, ch 77, § 20 rejected Nov. 8, 2016; SL 2019, ch 74, § 2; SL 2021, ch 63, § 1.
S.D. Codified Laws § 12-17B-7 — SD Code / Title 12 / Chapter 17B / Section 12-17B-7
Voting instructions--Manner of giving instructions
Status: in_force

Before entering the voting booth, any voter may request instruction in the proper procedure for marking the ballot to ensure that the tabulating equipment is able to read the vote cast. No instructions may be given to the voter while in the voting booth. However, any voter using an electronic ballot marking system may request instruction in the proper operation of the system at any time. No precinct official or person assisting a voter may in any manner request, suggest, or seek to persuade or induce any voter to cast a vote for any particular ticket, candidate, or measure to be voted on. All instructions shall be given in such a manner that it may be observed by other persons in the polling place.

Source: SL 1994, ch 110, § 11; SL 2004, ch 108, § 2; SL 2006, ch 70, § 2.
S.D. Codified Laws § 12-21-36 — SD Code / Title 12 / Chapter 21 / Section 12-21-36
Recanvass and corrected abstract of votes in local election
Status: in_force

In the case of a recount as to any local election, it shall be the duty of the county recount board forthwith to recanvass the official returns as corrected by the certificate showing the result of the recount, and to make a new and corrected abstract of the votes cast as to such office, nomination, position, or question, which corrected abstract shall be signed by at least two members of said board and filed as a public record in the office of the county auditor and a certified copy of the certificate shall be transmitted to the officer in charge of that election.

Source: SDC 1939, § 16.1815; SL 1974, ch 118, § 186.
S.D. Codified Laws § 12-6-8 — SD Code / Title 12 / Chapter 6 / Section 12-6-8
Time and manner of signing petition--Signatory information required--Declaration of candidate--Verification--Falsely attesting--Penalty--Form--Signing for independent or nonpolitical candidate
Status: in_force

An individual may not sign the nominating petition of a candidate:

(1) Before January first in the year in which the election is to be held;

(2) For whom the person is not entitled to vote;

(3) For a political candidate of a party of which the person is not a member; or

(4) For more than the number of candidates required to be nominated for the same office.

The circulator or the individual who signs the petition shall add the address at which the individual is currently registered to vote, the county in which the individual is registered as a voter, and the date of signing. The signer's post office box number may be given in lieu of a street address if the signer lives within a municipality of the second or third class.

A candidate shall sign a formal declaration of candidacy before the petition may be circulated. The signed declaration of candidacy must accompany the petition. An original signed declaration of candidacy must accompany the petition upon filing.

The petition must be verified under oath by the persons circulating the petition. The verification by the person circulating the petition may not be notarized by the candidate whom the petition is nominating. Any person circulating a petition who falsely attests to the verification is guilty of a Class 6 felony.

A nominating petition for any election shall be a self-contained sheet of paper in order to have the candidate's name placed on the ballot. The provisions of this section may not prohibit a person registered with party affiliation from signing either a petition nominating an independent or a nonpolitical candidate for office if the person has not previously signed a petition for that office to be filled.

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, § 7; SL 1976, ch 105, § 18; SL 1978, ch 97, § 1; SL 1992, ch 110, § 1; SL 2013, ch 63, § 3; SL 2015, ch 77, § 7 rejected Nov. 8, 2016; SL 2017, ch 69, § 4; SL 2023, ch 9, § 2; SL 2025, ch 14, § 3.
S.D. Codified Laws § 12-27-22.1 — SD Code / Title 12 / Chapter 27 / Section 12-27-22.1
Circumstances under which campaign finance disclosure report not required
Status: in_force

No campaign finance disclosure report is required to be submitted by a political committee that regularly submits a campaign finance disclosure report with another state or the Federal Election Commission or a report of contributions and expenditures with the Internal Revenue Service.

Source: SL 2016, ch 78, § 3; SL 2017, ch 71, § 24.
S.D. Codified Laws § 12-1-18 — SD Code / Title 12 / Chapter 1 / Section 12-1-18
Time when petition may be circulated
Status: in_force

Any referendum petition to refer a measure passed by a local unit of government may be circulated immediately upon final passage of the measure.

Source: SL 2002, ch 71, § 1.
S.D. Codified Laws § 12-4-5.3 — SD Code / Title 12 / Chapter 4 / Section 12-4-5.3
Review of voter registration application by auditor--Notice to applicant--Promulgation of rules
Status: in_force

When a voter registration application is received by the county auditor, the county auditor or an individual designated by the county auditor shall review the application for eligibility and completeness. If the applicant is not eligible to be registered or sufficient information to complete the registration card cannot be obtained from the applicant, the county auditor must send an acknowledgment notice by nonforwardable mail to the applicant indicating the reason the registration was not filed. The acknowledgment notice must state that the applicant needs to submit the corrected information to the county auditor within thirty days or the voter registration form may not be processed. The county auditor shall send an acknowledgment notice by nonforwardable mail to the applicant whose registration is accepted. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26 , prescribing the form of the acknowledgement notice. The same confirmation mailing required by § 12-4-19 must be sent immediately to any person whose registration acknowledgment notice is returned undeliverable.

Source: SL 1994, ch 107, § 7; SL 1996, ch 95, § 5; SL 2017, ch 68, § 2; SL 2023, ch 44, § 6.
S.D. Codified Laws § 12-19-4 — SD Code / Title 12 / Chapter 19 / Section 12-19-4
Voter's statement on return envelope--Federal service voting forms--Promulgation of rules
Status: in_force

The return envelope for the absentee ballot must have printed on the reverse thereof a statement to be signed by the voter. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26 , prescribing the forms for the return envelope, ballots, and instructions to the voter.

Source: SL 1944 (SS), ch 2, § 4; SL 1953, ch 75, § 3; SL 1955, ch 55, § 2; SL 1957, ch 85, § 4; SDC Supp 1960, § 16.0613; SDC 1939, § 16.0607 as added by SL 1965, ch 87; SL 1965, ch 88; SDCL, § 12-19-27; SL 1971, ch 93, § 1; SL 1974, ch 118, § 136; SL 1992, ch 115, § 2; SL 1993, ch 116, § 3; SL 2023, ch 51, § 5.
S.D. Codified Laws § 12-19-34 — SD Code / Title 12 / Chapter 19 / Section 12-19-34
Informalities do not invalidate election--Liberal construction
Status: in_force

No mere informality in the matter of carrying out or executing the provisions of this chapter shall invalidate the election or authorize the rejection of the returns thereof, and the provisions of this chapter shall be liberally construed for the purposes herein expressed or intended.

Source: SL 1944 (SS), ch 2, § 8; SDC Supp 1960, § 16.0617; SL 1974, ch 118, § 145.
S.D. Codified Laws § 12-5-4.2 — SD Code / Title 12 / Chapter 5 / Section 12-5-4.2
Precinct committee election--Information and results to secretary of state--Website publication
Status: in_force

A county auditor shall forward to the secretary of state:

(1) The name of each candidate for precinct committeeman or committeewoman, upon the filing of the candidate's statement pursuant to § 12-5-4 ;

(2) The results of each election for precinct committeeman or committeewoman held at the primary election, pursuant to § 12-5-4 to 12-5-13 , inclusive; and

(3) Each precinct committeeman or committeewoman who had no opposing candidate and was automatically elected, pursuant to § 12-5-4.1 .

The secretary of state shall post the names of each candidate for precinct committeeman or committeewoman and the results of each election for committeeman or committeewoman on the secretary of state's website.

Source: SL 2026, ch 68, § 1, eff. Mar. 26, 2026.
S.D. Codified Laws § 12-7-7 — SD Code / Title 12 / Chapter 7 / Section 12-7-7
Certificate of nomination for President or Vice President of the United States--Requirements
Status: in_force

Any candidate for President or Vice President of the United States who is not nominated by a primary election may be nominated by filing with the secretary of state, after December thirty-first and by the first Tuesday in August at 5:00 p.m. central time before the election, a certificate of nomination which shall be executed as provided in chapter 12-6 . If the certificate of nomination is mailed by registered mail by the first Tuesday in August at 5:00 p.m. central time before the election, it is timely submitted. The number of signatures required may not be less than one percent of the total combined vote cast for Governor at the last certified gubernatorial election within the state. An independent candidate for President shall file a declaration of candidacy and a certification of the candidate's selection for Vice President with the secretary of state with the candidate's nominating petitions. The candidate and the candidate's selection for Vice President shall sign the certification before the nominating petitions are submitted. If an independent candidate for Vice President withdraws pursuant to § 12-6-55 , no independent candidate for President shall have the candidate's name printed upon a ballot unless a replacement selection for Vice President is certified to the secretary of state by the second Tuesday in August. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26 , prescribing the forms for the certificate of nomination and the certification for Vice President.

Source: SL 2001, ch 68, § 2; SL 2007, ch 75, § 2; SL 2007, ch 76, § 2; SL 2015, ch 77, § 19 rejected Nov. 8, 2016; SL 2017, ch 69, § 9.
S.D. Codified Laws § 12-18-1.4 — SD Code / Title 12 / Chapter 18 / Section 12-18-1.4
Attendance by election officials during voting and counting
Status: in_force

At all times after the polls are opened the precinct election officials shall remain at the polling place with the ballot boxes until the polls are closed and they have completed their duties.

Source: SL 1974, ch 118, § 105; SL 1975, ch 123; SL 1975, ch 119, § 10; SL 1993, ch 118, § 14; SL 1996, ch 94, § 27.
S.D. Codified Laws § 12-19-2 — SD Code / Title 12 / Chapter 19 / Section 12-19-2
Application for absentee ballot--Contents--Address to which ballot sent--Stamping date of receipt--Delivery
Status: in_force

A voter desiring to vote by mail may apply to the person in charge of the election for an absentee ballot. The application or request must be made in writing, signed by the applicant, and must contain the applicant's voter registration address. The application or request must contain an oath verifying the validity of the information in the application or request. The oath must be administered by a notary public or other officer authorized by this state to administer an oath or administered by an out-of-state notary public. If the application or request does not contain an oath, the application or request must be accompanied by a copy of the voter's identification card as required by § 12-18-6.1 . The copy of the voter's identification card must be maintained by the person in charge of the election pursuant to § 12-20-31 . The voter's identification card is not available for public inspection. The application or request may be used to obtain an absentee ballot for all elections in that calendar year conducted by the jurisdiction receiving the application or request if so indicated. The ballot must be sent to the voter's residence, as shown in the voter registration file or any temporary residence address designated in writing by the voter, at the time of applying for the absentee ballot. If the application or request is from a voter 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 designate on the application for the ballot to be sent electronically pursuant to this section through the system provided by the Office of the Secretary of State. The person in charge of the election shall stamp the application with the date it was received. The person in charge of the election shall preserve a record of the name, mailing address, and voting precinct of each applicant and, except as provided by § 12-19-45 , deliver a copy of the record to the superintendent of the election board of the home precinct of the applicant.

Source: SDC 1939, § 16.0606; SL 1944 (SS), ch 2, § 3; SL 1957, ch 85, §§ 2, 3; SDC Supp 1960, §§ 16.0611, 16.0612; SL 1963, ch 110, § 1; SL 1964, ch 59; SL 1967, ch 72; SDCL §§ 12-19-22, 12-19-24, 12-19-25; SL 1974, ch 118, § 134; SL 1976, ch 105, § 61; SL 1976, ch 108, § 10; SL 1980, ch 115, § 2; SL 1983, ch 113; SL 1984, ch 111; SL 1988, ch 132; SL 1992, ch 115, § 1; SL 1993, ch 116, § 2; SL 2002, ch 40, § 18; SL 2003, ch 82, § 3; SL 2003, ch 83, § 14; SL 2004, ch 109, § 1; SL 2006, ch 72, § 1; SL 2010, ch 74, § 14; SL 2014, ch 72, § 1, eff. Feb. 19, 2014; SL 2017, ch 2, § 5; SL 2023, ch 51, § 1.
S.D. Codified Laws § 12-20-15 — SD Code / Title 12 / Chapter 20 / Section 12-20-15
State messenger to secure delinquent returns--Expenses deducted from county auditor's salary
Status: in_force

If any county auditor fails to perform the duties required of him by § 12-20-38.1 , the secretary of state shall send a messenger to the county auditor to secure such returns. All expenses for such service shall be paid by the county of which such auditor is an officer upon the filing of a certificate from the secretary of state as to the amount of such expenses, and the amount so paid shall be deducted from the next monthly salary of the county auditor of such county.

Source: SL 1890, ch 84, § 4; SL 1891, ch 60, § 1; RPolC 1903, § 1946; RC 1919, §§ 7293, 7307; SDC 1939, §§ 16.1714, 16.1724; SDCL, § 12-20-44; SL 1974, ch 118, § 156; SL 1993, ch 118, § 24.
S.D. Codified Laws § 12-6-6 — SD Code / Title 12 / Chapter 6 / Section 12-6-6
Joint petitions for delegate candidates--Individual petitions otherwise required
Status: in_force

Two or more candidates for delegates to the state convention of the party may be included in one nominating petition.

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, § 4; SL 2021, ch 62, § 1.
S.D. Codified Laws § 12-19-3 — SD Code / Title 12 / Chapter 19 / Section 12-19-3
Forwarding of ballot to voter--Instructions and return envelope
Status: in_force

Upon receiving an application for absentee ballots, the person in charge of an election shall, within forty-eight hours, or if ballots are not then on hand, then within forty-eight hours after receipt of the ballots, after confirming from the master registration file that the applicant is registered as a voter pursuant to chapter 12-4 , enclose one of each of the official ballots, a set of instructions on absentee balloting, and an unsealed return envelope. All of the enclosures shall be sealed in an envelope addressed to the applicant at the place stated in the application. If a registration form is received simultaneous with an absentee ballot request and prior to the registration deadline, the absentee ballot provided shall be based on the submitted registration form.

Source: SDC 1939, § 16.0606; SL 1963, ch 110, § 1; SL 1964, ch 59; SL 1967, ch 72; SL 1974, ch 118, § 135; SL 1976, ch 105, § 62; SL 1998, ch 78, § 3; SL 2002, ch 40, § 19; SL 2007, ch 75, § 4.
S.D. Codified Laws § 12-9-4 — SD Code / Title 12 / Chapter 9 / Section 12-9-4
Filing of nominating petitions--Number of signatures--Form and contents
Status: in_force

Nominating petitions for judicial office filed pursuant to this chapter shall state the judicial position sought, using the designations established pursuant to § 12-9-3.1 , which shall be filed in the Office of the Secretary of State within the time prescribed by § 12-6-4 and shall be signed by not less than fifty registered voters of the district or circuit or other division of court boundaries. To the extent it is consistent with this chapter, § 12-6-8 shall govern such petitions.

Source: SL 1921, ch 224, § 2; SDC 1939, § 16.0302; SL 1943, ch 72; SL 1959, ch 92; SL 1961, ch 96, § 1; SL 1968, ch 143, § 3; SL 1972, ch 83, § 1; SL 1974, ch 118, § 38; SL 1976, ch 105, § 21; SL 1976, ch 107, § 2.
S.D. Codified Laws § 12-19-43 — SD Code / Title 12 / Chapter 19 / Section 12-19-43
Absentee ballot counting board--Reviewing and processing ballots--Prior notice
Status: in_force

If in the judgment of the person in charge of the election it is necessary to convene the absentee counting board prior to the closing of the polls on election day, the person in charge of the election may direct the board to meet during regular business hours on the day before the election and on election day prior to the closing of the polls for the purpose of processing absentee ballots, pursuant to § 12-19-10 . If the person in charge of the election convenes the absentee counting board on the day before the election, the board may only process the absentee ballots, as provided in § 12-19-10 , and may not manually count any ballots or use the automatic tabulating equipment to count the ballots.

The absentee ballots may be counted by the automatic tabulating equipment on election day, prior to the closing of the polls, provided that any vote totals are not printed or displayed by any tabulating machine prior to the closing of the polls. The absentee ballot counting board may not manually count the absentee ballots prior to the closing of the polls.

If ballots are processed by an automatic tabulating machine prior to the closing of the polls, the resolution board shall be present and notification of such processing shall be provided to each county party chairperson at least ten days before the election.

Source: SL 1976, ch 108, § 4; SL 1977, ch 113; SL 2005, ch 93, § 6; SL 2021, ch 67, § 1; SL 2026, ch 73, § 4, eff. Mar. 26, 2026.
S.D. Codified Laws § 12-4-55 — SD Code / Title 12 / Chapter 4 / Section 12-4-55
Voter registration numbers to be published
Status: in_force

On the first business day of each month and on the date of a primary, general, runoff, or special election in the state, the secretary of state shall publish on the official website of the secretary of state:

(1) The total number of registered voters in each county of the state;

(2) The total number of registered voters in each legislative district in the state;

(3) The total number of voters registered as a member of a political party in each county of the state;

(4) The total number of voters registered as a member of a political party in each legislative district in the state;

(5) The total number of inactive voters in each county in the state; and

(6) The total number of inactive voters in each legislative district of this state.

Source: SL 2023, ch 44, § 16; SL 2024, ch 50, § 1.
S.D. Codified Laws § 12-20-18 — SD Code / Title 12 / Chapter 20 / Section 12-20-18
Entry of candidates' votes in precinct pollbooks
Status: in_force

After the votes have been counted, the members of the precinct election board shall set down in the pollbook and duplicate tally sheet on forms therein prescribed by the State Board of Elections the name of each person voted for, the office for which the person received votes, and the number of votes each person received, the number of votes each person received shall be expressed at length.

Source: SDC 1939, § 16.1704; SL 1974, ch 118, § 158; SL 1993, ch 113, § 16; SL 1993, ch 118, § 26; SL 1999, ch 69, § 45.
S.D. Codified Laws § 12-6-3.2 — SD Code / Title 12 / Chapter 6 / Section 12-6-3.2
Candidate required to register with party
Status: in_force

No person may sign a declaration of candidacy or be nominated as a political candidate for a party unless that person is a registered voter with that party affiliation.

Source: SL 1998, ch 80, § 1.
S.D. Codified Laws § 12-17B-13.2 — SD Code / Title 12 / Chapter 17B / Section 12-17B-13.2
Cast vote record or ballot image--Public record--Exceptions to release--Expenses
Status: in_force

Notwithstanding the provisions of § 12-17B-13 , the governing body of the jurisdiction conducting the election may not release any cast vote record or collection of ballot images if the cast vote record or any ballot image:

(1) Indicates the date, time, or order in which a ballot was cast;

(2) Contains any unredacted personal information that may be used to identify the voter who cast the ballot;

(3) Provides the tabulating equipment's data in the order in which the data was generated;

(4) Does not include all the ballots that were cast at the precinct polling place or vote center;

(5) Is from a precinct polling place or vote center in which fewer than one hundred ballots were cast, and the cast vote record or ballot images have not been:

(a) Redacted to exclude the ballot style name, ballot style number, and any contest that is unique to the precinct; and

(b) Combined with the cast vote record or ballot images from at least one other precinct or vote center to be released as a collection that contains more than one hundred ballots; or

(6) Is related to a ballot style of which fewer than one hundred ballots were cast, and the cast vote record or ballot images have not been:

(a) Redacted to exclude the ballot style name, ballot style number, and any contest that is unique to the ballot style; and

(b) Combined with the cast vote record or ballot images related to another ballot style to be released as a collection that contains more than one hundred ballots.

The jurisdiction conducting the election is responsible for all expenses associated with producing, storing, archiving, and releasing a cast vote record or a collection of ballot images.

Source: SL 2026, ch 71, § 2.
S.D. Codified Laws § 12-27-7 — SD Code / Title 12 / Chapter 27 / Section 12-27-7
Limits on contributions to statewide candidate or candidate's campaign committee--Violation as misdemeanor
Status: in_force

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

(1) Not to exceed four 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 four 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, § 7; SL 2017, ch 222 (Initiated Measure 22), § 5, eff. Nov. 16, 2016; SL 2017, ch 72, § 4, eff. Feb. 2, 2017; SL 2017, ch 71, § 7; SL 2018, ch 85, § 1; SL 2019, ch 77, § 1.
S.D. Codified Laws § 12-15-14.3 — SD Code / Title 12 / Chapter 15 / Section 12-15-14.3
Certain relatives of candidates prohibited from serving on election and counting boards
Status: in_force

No person may serve on an election or counting board who is a candidate or related by blood or marriage within the second degree to a candidate who is on the ballot in that precinct.

Source: SL 1991, ch 120; SL 1993, ch 118, § 11.
S.D. Codified Laws § 12-21-6.1 — SD Code / Title 12 / Chapter 21 / Section 12-21-6.1
Code of regulations to govern recounts
Status: in_force

The State Board of Elections may by rule, in accordance with chapter 1-26 , adopt a code of regulations to govern the conduct of recounts.

Source: SL 1976, ch 105, § 82.
S.D. Codified Laws § 12-1-24 — SD Code / Title 12 / Chapter 1 / Section 12-1-24
Subpoena issued by arbitrator--Service and enforcement
Status: in_force

The arbitrator may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence and may administer oaths. Any subpoena shall be served and enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action.

Source: SL 2003, ch 83, § 19; SDCL, § 12-4-45 .
S.D. Codified Laws § 12-21-46 — SD Code / Title 12 / Chapter 21 / Section 12-21-46
Court removal and replacement of recount board member not acting in good faith
Status: in_force

When satisfied on any such petition that the conduct of such board, or any member thereof, has been fraudulent, or deliberately and willfully in disregard of law, and not in good faith, the court may remove such member or members guilty of such conduct and appoint in the place of such member or members removed any registered voter or voters of the county who shall thereupon assume the duties and responsibilities of such removed member or members for the purpose of such recount.

Source: SDC 1939, § 16.1830; SL 1974, ch 118, § 190.
S.D. Codified Laws § 12-17B-13 — SD Code / Title 12 / Chapter 17B / Section 12-17B-13
Procedure for tabulating votes--Results as unofficial returns--Public records--Software limitation--Certification by board
Status: in_force

The process of tabulating the votes using the automatic tabulating equipment must be under the direction of the person in charge of the election, and must conform to the specifications and requirements of the automatic tabulating equipment.

The results printed by the automatic tabulating equipment are the immediate unofficial returns. These returns and any cast vote record or ballot images collected by the automatic tabulating equipment are public records under chapter 1-27 . The county auditor is not required to produce a cast vote record or collection of ballot images, if the operating software of the automatic tabulating equipment used in a county does not produce a cast vote record or ballot images.

The results printed by the automatic tabulating equipment must be presented to the canvassing board for review and certification as the official returns.

For purposes of this section, "ballot image" means a digital rendering or facsimile of a paper ballot tabulated in the election.

For purposes of this section, "cast vote record" means an electronic record of how the marks on a ballot are tabulated as a vote for a candidate or other ballot question.

Source: SL 1994, ch 110, § 17; SL 2026, ch 71, § 1.
S.D. Codified Laws § 12-24A-9 — SD Code / Title 12 / Chapter 24A / Section 12-24A-9
Compensation and mileage of electors
Status: in_force

The electors shall receive the same compensation per diem and the same mileage as members of the Legislature.

Source: SL 1890, ch 84, § 16; RPolC 1903, § 1964; RC 1919, § 7327; SDC 1939, § 16.1604; SDCL § 12-24-5; SL 2026, ch 74, § 9.
S.D. Codified Laws § 12-13-23 — SD Code / Title 12 / Chapter 13 / Section 12-13-23
Distribution of public information
Status: in_force

The secretary of state shall distribute public information on any amendment to the Constitution, initiated measure, or referred law submitted to the electors for approval. The secretary of state shall compile the public information by printing a statement in support of the amendment to the Constitution, initiated measure, or referred law written by its proponents, if any can be identified, and a statement against the amendment to the Constitution, initiated measure, or referred law written by its opponents, if any can be identified. No statement written by a proponent or an opponent may exceed three hundred words in length. The secretary of state is not responsible for the contents, objectivity, or accuracy of the statements written by the proponents and opponents. The pamphlet shall also include the attorney general's title, explanation, and a recitation of the effect of a "Yes" or "No" vote as written pursuant to § 12-13-9 or 12-13-25.1 ; number of pages and sections in the proposed or referred language; and, if applicable, a fiscal note.

Source: SL 1992, ch 111, § 1; SL 2006, ch 67, § 5; SL 2017, ch 2, § 11; SL 2018, ch 77, § 3; SL 2018, ch 80, § 6; SL 2020, ch 45, § 1.
S.D. Codified Laws § 12-17B-22 — SD Code / Title 12 / Chapter 17B / Section 12-17B-22
Publication of results
Status: in_force

The county auditor shall send the results of the post-election audit to the secretary of state and present the results of the audit to the county commission at its next meeting. The results of the audit shall be included in the minutes of the county commission meeting.

The secretary of state shall publish the results of the post-election audit on the secretary of state's website.

Source: SL 2023, ch 50, § 5.
S.D. Codified Laws § 12-21-21 — SD Code / Title 12 / Chapter 21 / Section 12-21-21
Adjournment by board to another place
Status: in_force

Any county recount board, after convening at the time and place provided by this chapter, may adjourn its proceedings to any other more convenient public place at the county seat.

Source: SDC 1939, § 16.1832; SL 1974, ch 118, § 178; SL 2002, ch 77, § 3.
S.D. Codified Laws § 12-21-10 — SD Code / Title 12 / Chapter 21 / Section 12-21-10
Complete recount on candidate's petition in close local election
Status: in_force

A candidate for any office, position, or nomination which is voted upon only by the voters of one county or part thereof may ask for a recount of the official returns if such candidate is defeated, according to the official returns, by a margin not exceeding two percent of the total vote cast for all candidates for such office, position, or nomination. Any candidate for nonlegislative office shall file a verified petition with the county auditor within three days after the election returns have been canvassed by the official county canvass. Any candidate for legislative office shall file a verified petition with the county auditor within three days after the election returns have been canvassed by the official state canvass. The petition shall state that the candidate believes a recount will change the result of the election and that all of the votes cast for the office, position, or nomination should be recounted. A recount shall then be conducted.

Source: SDC 1939, § 16.1803 (2); SL 1982, ch 134, § 4; SL 1988, ch 133; SL 1989, ch 30, § 35; SL 1999, ch 72, § 5.
S.D. Codified Laws § 12-27-24 — SD Code / Title 12 / Chapter 27 / Section 12-27-24
Disclosure report--Contents
Status: in_force

A campaign finance disclosure report must include the following:

(1) The political committee name, mailing address, telephone number, and, if applicable, e-mail address;

(2) Name, mailing address, telephone number, and, if applicable, an e-mail address, if any, of the political committee's treasurer;

(3) Whether the campaign report is a pre-primary, pre-general, year-end, amendment, supplement, or termination report;

(4) For any ballot question committee, the ballot question name and whether the committee supports or opposes the ballot question;

(5) The balance of cash and cash equivalents on hand at the beginning of the reporting period;

(6) The total amount of all contributions received during the reporting period;

(7) The total amount of any donated good or service received during the reporting period;

(8) The total of refunds, rebates, interest, or other income not previously identified during the reporting period;

(9) The total of expenditures made during the reporting period;

(10) The cash balance on hand as of the close of the reporting period;

(11) All contributions of one hundred dollars or less must be aggregated and reported as a lump sum or the contributions must be listed individually;

(12) The name, mailing address, city, and state of each person making a contribution of more than one hundred dollars in the aggregate during any calendar year and the amount of the contribution. Any contribution from an entity after July 1, 2017, or from a political committee must be itemized. Any contribution from a federal political committee or a political committee organized outside this state must also include the name and website address of the filing office where campaign finance disclosure reports are regularly filed for the committee. If any information required by the section is unknown to the political committee, the political committee may not deposit the contribution;

(13) Any donated good or service contribution must contain the same information as for any monetary contribution, and must also include a description of the donated good or service contribution;

(14) Any monetary or donated good or service contribution made by a political committee to any political committee or nonprofit charitable entity must be itemized;

(15) A categorical description and amount of any refunds, rebates, interest, sale of property, or other receipts not previously identified during the reporting period;

(16) A categorical description and amount of any funds or donations by any entity to its political committee for establishing and administering the political committee and for any solicitation costs of the political committee;

(17) Each loan received must be reported in the same manner as a contribution;

(18) The outstanding balance of each loan received;

(19) Each loan repayment must be reported in the same manner as an expenditure;

(20) Any expenditure made during the reporting period must be categorized as disbursements and itemized by expense categories. A miscellaneous expense category is prohibited. Any contribution made by the political committee that is not in exchange for any item of value or service must be itemized;

(21) The amount of any independent communication expenditure from a political committee made during the reporting period, listing the name of the candidate, public office holder, or ballot question related to the independent communication expenditure and a description of the independent communication expenditure;

(22) For a ballot question committee, the information contained in any statement provided pursuant to § 12-27-19 ; and

(23) A certification that the contents of the statement are true and correct signed by the treasurer of the political committee.

Source: SL 2007, ch 80, § 24; SL 2016, ch 78, § 4; SL 2017, ch 222 (Initiated Measure 22), § 22; SL 2017, ch 72, § 21, eff. Feb. 2, 2017; SL 2017, ch 71, § 26; SL 2018, ch 88, § 1, eff. Feb. 5, 2018; SL 2018, ch 84, § 8; SL 2025, ch 71, § 1.
S.D. Codified Laws § 12-18-3 — SD Code / Title 12 / Chapter 18 / Section 12-18-3
Electioneering, offices, distracting communications devices, and signature gathering prohibited near polling place--Violation as misdemeanor
Status: in_force

Except for sample ballots and materials and supplies necessary for the conduct of the election, no person may, in any polling place or within or on any building in which a polling place is located or within one hundred feet from any entrance leading into a polling place, maintain a campaign office or public address system, or use any communication or photographic device in a manner which repeatedly distracts, interrupts, or intimidates any voter or election worker, or display campaign posters, signs, or other campaign materials or by any like means solicit any votes for or against any person or political party or position on a question submitted or which may be submitted. No person may engage in any practice which interferes with the voter's free access to the polls or disrupts the administration of the polling place, or conduct any petition signature gathering, on the day of an election, within one hundred feet of a polling place. For the purposes of this section, the term, polling place, means a designated place voters may go to vote on the day of the election or go to vote absentee. A violation of this section is a Class 2 misdemeanor.

Source: SL 1897, ch 60, § 39; RPolC 1903, § 1923; RC 1919, § 7273; SL 1921, ch 222, § 1; SDC 1939, §§ 16.1209, 16.9920; SL 1974, ch 118, § 103; SL 1982, ch 86, § 84; SL 1985, ch 114; SL 2008, ch 34, § 14; SL 2009, ch 69, § 5; SL 2014, ch 71, § 1.
S.D. Codified Laws § 12-17B-6.1 — SD Code / Title 12 / Chapter 17B / Section 12-17B-6.1
Electronic ballot marking system required where candidate for federal office on ballot
Status: in_force

If a candidate for federal office appears on the ballot at a polling place, such polling place is required to have an electronic ballot marking system present.

Source: SL 2006, ch 70, § 1.
S.D. Codified Laws § 12-26-8 — SD Code / Title 12 / Chapter 26 / Section 12-26-8
Voting more than once at any election--Penalty
Status: in_force

An individual is guilty of a Class 6 felony if the individual:

(1) After having voted in this state, votes or offers to vote in the same or in another election precinct in this state; or

(2) After having voted in another state or territory, votes or offers to vote in this state.

Source: PenC 1877, § 64; CL 1887, § 6263; RPenC 1903, § 68; RC 1919, § 3657; SDC 1939, § 13.0911; SL 1982, ch 86, § 115; SL 2004, ch 105, § 2; SL 2025, ch 59, § 5.
S.D. Codified Laws § 12-19-37 — SD Code / Title 12 / Chapter 19 / Section 12-19-37
Absentee ballot precincts--Creation--Absentee ballot counting board
Status: in_force

The person in charge of the election may create an absentee ballot precinct. Except as otherwise provided by this section, if the person in charge of the election creates an absentee ballot precinct, all absentee ballots cast at the election must be forwarded to the absentee ballot precinct for counting.

If the person in charge of the election creates an absentee ballot precinct, the person in charge of the election shall create a pollbook using the data provided in the electronic voter registration system, listing the name of each voter who voted by absentee ballot in the jurisdiction and the type of ballot the voter cast.

The election board of the absentee ballot precinct is the absentee ballot counting board. There may be only one absentee ballot counting board at any time in a county.

Source: SL 1976, ch 108, § 1; SL 1985, ch 116; SL 2026, ch 73, § 2, eff. Mar. 26, 2026.
S.D. Codified Laws § 12-21-40 — SD Code / Title 12 / Chapter 21 / Section 12-21-40
New certificate of election or nomination on change of result by corrected abstract of state returns
Status: in_force

If such corrected abstract by the State Board of Canvassers shows no change in the result previously found on the official returns, no further action shall be taken. If there is a change in such result, a new certificate of election or nomination shall be issued in the same manner and by the same authority as the certificate of election or nomination previously issued to each candidate found to have been elected or nominated as the case may be. Such certificate shall set forth the fact of the nomination or election of such person to such office or position, and that the certificate supersedes the certificate previously issued, which shall be adequately identified.

Source: SDC 1939, § 16.1814.
S.D. Codified Laws § 12-19-2.2 — SD Code / Title 12 / Chapter 19 / Section 12-19-2.2
Authorized messenger for more than one voter--Record
Status: in_force

If a person is an authorized messenger for more than one voter, the person must notify the person in charge of the election of all voters for whom that person is a messenger. The person in charge of the election shall keep a record of the authorized messenger requesting an absentee ballot to be delivered to another voter.

Source: SL 1980, ch 115, § 4; SL 2023, ch 51, § 2.
S.D. Codified Laws § 12-4-19 — SD Code / Title 12 / Chapter 4 / Section 12-4-19
Address verification request--Confirmation mailing--Exception
Status: in_force

Any voter in the active registration file who has failed to vote, has not updated the voter's registration information, and has not replied to a confirmation mailing at least once during the last preceding four consecutive years shall be sent a nonforwardable return-if-undeliverable address verification request. If the request is undeliverable then a confirmation mailing prescribed by the State Board of Elections shall be sent. If a county auditor has determined through a national change of address licensee of the United States Postal Service that the address of a voter who is to be sent an address verification request has changed, the confirmation mailing may be omitted. This process shall be performed by each county auditor from January first to November fifteenth, inclusive, of each odd-numbered year.

Source: SL 1961, ch 92, § 15; SL 1974, ch 118, § 21; SL 1975, ch 120, § 1; SL 1976, ch 105, § 9; SL 1994, ch 107, § 20; SL 1996, ch 95, § 2; SL 1998, ch 79, § 1; SL 2001, ch 64, § 2; SL 2002, ch 40, § 10; SL 2002, ch 72, § 2; SL 2018, ch 76, § 1.
S.D. Codified Laws § 12-6-9 — SD Code / Title 12 / Chapter 6 / Section 12-6-9
Unopposed candidate automatically nominated--Primary not held if no contest
Status: in_force

A candidate for nomination to an office, or election to a party office, having no opposing candidate within his party, shall automatically become the nominee of his party or elected party official for said office, and his name shall not be printed on the primary election ballot. If there are no opposing candidates for nomination or election of either state or county candidates in any county, no primary election shall be held in that county, and the candidates shall be automatically nominated or elected.

Source: SL 1929, ch 118, § 8; SDC 1939, § 16.0215; SL 1978, ch 98.
S.D. Codified Laws § 12-7-1.1 — SD Code / Title 12 / Chapter 7 / Section 12-7-1.1
Earliest time for circulation of petitions or nominating certificates
Status: in_force

No petition or certificate of nomination covered by this chapter may be circulated prior to the first day of January of the year in which the election will be held.

Source: SL 1977, ch 108, § 5.
S.D. Codified Laws § 12-5-4 — SD Code / Title 12 / Chapter 5 / Section 12-5-4
Statement filed by candidates for precinct committeeman or committeewoman--Time of filing--Contents--Effect
Status: in_force

A candidate for party precinct committeeman or committeewoman shall file a statement in writing, with the county auditor of the county in which he or she is a candidate, not later than the last Tuesday in March before the primary election. The statement must include the candidate's email address and phone number and must state that the candidate:

(1) Is a resident of the precinct;

(2) Is registered as a member of the political party named in the statement;

(3) Is a candidate for precinct committeeman or committeewoman, as the case may be;

(4) Is desirous of serving in that position; and

(5) If elected, will serve in the office.

The statement, when properly filed, operates as a nominating petition for that office.

Source: SL 1929, ch 118, § 7; SL 1937, ch 120, § 2; SDC 1939, § 16.0212; SL 1941, ch 77; SL 1951, ch 90; SL 1957, ch 83, § 2; SL 1959, ch 90; SL 1972, ch 79, § 2; SL 1982, ch 126, § 2; SL 1988, ch 130, § 1; SL 2007, ch 81, § 8; SL 2015, ch 77, § 14 rejected Nov. 8, 2016; SL 2023, ch 45, § 1.
S.D. Codified Laws § 12-4-3 — SD Code / Title 12 / Chapter 4 / Section 12-4-3
Mail registration cards and instructions provided by auditor--Contact information provided by private entities
Status: in_force

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

Source: SL 1961, ch 92, § 3; SL 1969, ch 83, § 1; SL 1974, ch 118, § 5; SL 1976, ch 105, § 2; SL 1978, ch 94, § 3; SL 1983, ch 107; SL 1994, ch 107, § 3; SL 2005, ch 88, § 1.
S.D. Codified Laws § 12-21-16 — SD Code / Title 12 / Chapter 21 / Section 12-21-16
Tie vote certified by canvassing board--Automatic recount
Status: in_force

Whenever by reason of a tie vote found to exist upon the canvass of the original official returns, it is impossible to declare who has been elected or nominated to an office or position, it shall thereupon be the duty of the official board making such canvass to certify said vote to the county auditor where the election involved is confined to or within the limits of a county, and to the secretary of state as to all other elections. Thereupon such county auditor or such secretary of state, as the case may be, shall proceed exactly as if a petition had been duly filed under §§ 12-21-7 to 12-21-15 , inclusive, requiring a recount to be made of all votes involved, and such recount shall proceed accordingly. This section shall not apply to school and township elections.

Source: SDC 1939, § 16.1804.
S.D. Codified Laws § 12-1-7 — SD Code / Title 12 / Chapter 1 / Section 12-1-7
Assistance by secretary of state's office
Status: in_force

The Office of the Secretary of State is hereby charged with the duty and responsibility to serve as the secretariat of the State Election Board and shall assist the board as may be directed by the said board.

Source: SL 1974, ch 117, § 5.
S.D. Codified Laws § 12-1-23 — SD Code / Title 12 / Chapter 1 / Section 12-1-23
Time and place of hearing--Notice to parties
Status: in_force

The arbitrator shall appoint a time and place for a hearing and serve each party personally or notify each party by registered or certified mail not less than five days before the hearing.

Source: SL 2003, ch 83, § 18; SDCL, § 12-4-44 .
S.D. Codified Laws § 12-1-10 — SD Code / Title 12 / Chapter 1 / Section 12-1-10
Recommendations to secretary of state
Status: in_force

The Board of Elections shall report to and make recommendations to the secretary of state concerning desirable or necessary changes in the election laws of this state.

Source: SL 1974, ch 117, § 4; SL 1999, ch 70, § 5.
S.D. Codified Laws § 12-27-49 — SD Code / Title 12 / Chapter 27 / Section 12-27-49
Effect of secretary of state's filing or refusing to file document
Status: in_force

The Office of the Secretary of State's duty to file a document under this chapter is ministerial. If the Office of the Secretary of State files or refuses to file a document, it does not:

(1) Affect the validity or invalidity of the document in whole or part;

(2) Relate to the correctness or incorrectness of information contained in the document; or

(3) Create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect.

Source: SL 2017, ch 71, § 40.
S.D. Codified Laws § 12-4-39 — SD Code / Title 12 / Chapter 4 / Section 12-4-39
Promulgation of rules
Status: in_force

The secretary of state shall promulgate rules, pursuant to chapter 1-26 , providing for:

(1) The establishment and maintenance of the statewide voter registration file;

(2) The transmission of the voter registration information from the county auditor to the secretary of state;

(3) The identification of duplicate voter registration;

(4) The publishing of the information from the statewide voter registration file; and

(5) The establishment of fees for information provided from the statewide voter registration file not to exceed:

(a) One thousand dollars per paper copy of a list of the registered voters in the state;

(b) One hundred dollars per paper copy of a list of the registered voters in a legislative district;

(c) Fifty dollars per paper copy of a list of registered voters in a county or other political subdivision;

(d) One hundred dollars per paper copy of an updated partial list that contains only changes made to the list of the registered voters in the state within a year of the purchase of the complete list;

(e) Seventy-five dollars per paper copy of an updated partial list that contains only changes made to the list of the registered voters in a legislative district, county, or other political subdivision, within a year of the purchase of the complete list; and

(f) Two hundred twenty-five dollars for an electronic data file containing a list of the registered voters in the state.

Source: SL 2001, ch 66, § 3; SL 2025, ch 60, § 4.
S.D. Codified Laws § 12-5-15 — SD Code / Title 12 / Chapter 5 / Section 12-5-15
Vacancies filled by county central committee--Exception
Status: in_force

The county central committee may fill vacancies in its membership, except for public officers, in accordance with the party's constitution or bylaws.

Source: SL 1929, ch 118, § 53; SL 1937, ch 120, § 4; SDC 1939, § 16.0241; SL 1945, ch 76; SL 1949, ch 73; SL 1963, ch 107, § 6; SL 2007, ch 74, § 11.
S.D. Codified Laws § 12-12-5 — SD Code / Title 12 / Chapter 12 / Section 12-12-5
Notice of vacancy for an unexpired term--Publication
Status: in_force

If a vacancy for an unexpired term is to be filled by an election pursuant to § 3-4-6 and the vacancy occurs after the first notice of filing deadline is published pursuant to § 12-12-1 , the county auditor shall give notice of the vacancy to be filled in each official newspaper at least once each week for two consecutive weeks. The first notice of vacancy shall be published in the week following the occurrence of the vacancy. The notice of vacancy shall include the deadline for filing partisan nominating petitions, if not yet passed, and the deadline for filing independent nominating petitions.

Source: SL 2009, ch 69, § 4.
S.D. Codified Laws § 12-20-38 — SD Code / Title 12 / Chapter 20 / Section 12-20-38
Abstracts of precinct returns prepared by Board of Canvassers--Certification--Deposit
Status: in_force

The Board of Canvassers for both primary and general elections shall at the time provided by § 12-20-36 proceed to open the returns from the various voting precincts in the county and make abstracts of the votes cast for each of the candidates and each of the issues. Each of the abstracts of the votes made shall be signed and certified by the canvassers, under the seal of the county auditor, and be deposited in the office of the auditor.

Source: SL 1890, ch 84, § 2; RPolC 1903, § 1941; RC 1919, § 7290; SDC 1939, § 16.1712; SL 1971, ch 92, § 2; SL 1974, ch 118, § 168; SL 1981, ch 126, § 3.
S.D. Codified Laws § 12-20-2.1 — SD Code / Title 12 / Chapter 20 / Section 12-20-2.1
Return of provisional ballot envelopes and unopened absentee ballots
Status: in_force

If the ballot box is opened for ballot counting at the precinct, each provisional ballot envelope and each unopened absentee ballot shall be removed, placed, and sealed in the provisional or unopened absentee ballot return envelope and returned to the person in charge of the election with the other election supplies.

Source: SL 2003, ch 83, § 3; SL 2010, ch 74, § 20.
S.D. Codified Laws § 12-4-2 — SD Code / Title 12 / Chapter 4 / Section 12-4-2
County auditor in charge of voter registration records--Public inspection--Registration form availability
Status: in_force

The county auditor has complete charge of maintaining and safeguarding the voter registration records in the county. The county auditor shall retain all voter registration records in the auditor's office in paper or electronic form. Except as provided in §§ 12-4-9 , 12-4-9.2 , and 12-4-9.3 , the records must be open to public inspection at all times during office hours.

Voter registration must be conducted by each county auditor and municipal finance officer. Voter registration forms must be available at the secretary of state's office and at any location that:

(1) Issues driver licenses;

(2) Engages in military recruitment;

(3) Assists disabled individuals under programs of the Department of Human Services; or

(4) Allows for an individual to apply for:

(a) Supplemental nutrition assistance program benefits;

(b) Temporary assistance for needy families;

(c) Benefits under the women, infants, and children supplemental nutrition program; or

(d) Medicaid benefits.

Source: SL 1961, ch 92, §§ 3, 4; SL 1969, ch 83, § 1; SDCL § 12-4-4; SL 1974, ch 118, § 4; SL 1976, ch 105, § 1; SL 1985, ch 106, § 1; SL 1994, ch 107, § 1; SL 1997, ch 166, § 3; SL 2003, ch 83, § 10; SL 2008, ch 63, § 1; SL 2012, ch 81, § 1; SL 2022, ch 11, § 3, eff. Feb. 14, 2022; SL 2026, ch 64, § 1.
S.D. Codified Laws § 12-4-19.6 — SD Code / Title 12 / Chapter 4 / Section 12-4-19.6
National change of address notice
Status: in_force

The national change of address notice shall be sent by forwarding service requested to each voter in the active registration file who has failed to vote, has not updated the voter's registration information, has not replied to a confirmation mailing at least once during the last preceding four consecutive years, and has had a national change of address within the jurisdiction with the United States Post Office. This process shall be performed by each county auditor from January first to November fifteenth, inclusive, of each odd-numbered year.

Source: SL 2018, ch 76, § 2.
S.D. Codified Laws § 12-22-33 — SD Code / Title 12 / Chapter 22 / Section 12-22-33
Dismissal of insufficient complaint--Hearing of evidence--Entry of orders and decisions
Status: in_force

If, in the opinion of the court, the grounds alleged for the contest are insufficient, the complaint shall be dismissed. If the grounds are sufficient, the court shall proceed in a summary manner and may hear evidence, examine the returns, recount the ballots, and enter such orders and decisions as the facts and the law may require.

Source: SL 1937, ch 123; SDC 1939, § 16.0239.
S.D. Codified Laws § 12-22-32 — SD Code / Title 12 / Chapter 22 / Section 12-22-32
Hearing of primary contest in or out of term--Preference in order of hearing
Status: in_force

The cause may be heard and determined by the court in term time, or by the judge thereof in vacation, and shall have preference in order of hearing to all other cases.

Source: SL 1937, ch 123; SDC 1939, § 16.0239.
S.D. Codified Laws § 12-22-3 — SD Code / Title 12 / Chapter 22 / Section 12-22-3
Right to institute contest on submitted question--Judge's permission required
Status: in_force

Such contest may be instituted by any registered voter who was entitled to vote on a referred or submitted question, but in such case such contest may be instituted only with the permission of a judge of the court in which such contest is instituted, endorsed upon the complaint before the same is filed.

Source: SDC 1939, § 16.1902 (2); SL 1974, ch 118, § 191.
S.D. Codified Laws § 12-2-1 — SD Code / Title 12 / Chapter 2 / Section 12-2-1
Date of primary election
Status: in_force

The primary election provided for in chapter 12-6 shall be held at the regular polling place in every voting precinct throughout the state on the first Tuesday after the first Monday in June of every even-numbered year.

Source: SDC 1939, §§ 16.0202, 16.0237; SL 1945, ch 75; SL 1955, ch 54, § 1; SL 1968, ch 73, § 1; SL 1972, ch 75, § 1; SL 1973, ch 68, § 1; SL 1986, ch 115, § 1; SL 1997, ch 75, § 1; SL 2005, ch 87, § 1.
S.D. Codified Laws § 12-8-8 — SD Code / Title 12 / Chapter 8 / Section 12-8-8
Certification to county auditors of persons nominated for office--Delayed certification of presidential and vice presidential candidates
Status: in_force

The secretary of state, not later than the third Tuesday in August at five p.m. before the general election, shall certify to the county auditor of each county within which any voters of this state vote for the officer or officers nominated at the preceding primary, whose certificates of nomination have been filed in the Office of the Secretary of State, or who have been regularly named or petitioned for filling of a vacancy, the name and description of each person so nominated. In years when a President and vice president are nominated and the national party conventions are held at such a late date as to make the foregoing provisions impossible, then, the secretary of state shall make the certification not later than seven days after nominations of such President and vice president.

Source: SL 1897, ch 60, § 9; RPolC 1903, § 1906; SL 1918 (SS), ch 44, § 2; RC 1919, § 7207; SDC 1939, § 16.0246; SL 1955, ch 55, § 1; SL 1971, ch 87, § 3; SL 1977, ch 108, § 4; SL 1978, ch 100, § 2; SL 1979, ch 97, § 3; SL 2007, ch 81, § 11.
S.D. Codified Laws § 12-4-4.9 — SD Code / Title 12 / Chapter 4 / Section 12-4-4.9
Election laws apply to overseas voting provisions
Status: in_force

All other provisions of law relating to elections shall apply to §§ 12-4-4.2 to 12-4-4.9 , inclusive.

Source: SL 1977, ch 112, § 7.
S.D. Codified Laws § 12-4-19.4 — SD Code / Title 12 / Chapter 4 / Section 12-4-19.4
Cancellation of voter registration
Status: in_force

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

Source: SL 1994, ch 107, § 23; SL 2002, ch 40, § 12.
S.D. Codified Laws § 12-4-5.2 — SD Code / Title 12 / Chapter 4 / Section 12-4-5.2
Notice of registration procedures--Publication
Status: in_force

The county auditor or the person responsible for the conduct of a local election shall give notice of the availability of registration officials and state when registration will be terminated and the effect of not registering to vote. The county auditor or the person responsible for the conduct of a local election shall publish the notice online and in official newspapers at least once each week for two consecutive weeks, the last publication to be not less than ten nor more than fifteen days before the deadline for registration. A township, conservation district, sanitation district, fire district, or any special district is not required to post a notice online if the district does not have an official website.

Source: SL 1974, ch 119, § 1; SL 2023, ch 44, § 5.
S.D. Codified Laws § 12-24A-1 — SD Code / Title 12 / Chapter 24A / Section 12-24A-1
Pledge of presidential electors
Status: in_force

Each presidential elector nominated pursuant to § 12-5-21 shall execute the following pledge upon nomination: "If selected for the position of presidential elector, I agree to serve and to mark my ballots for the candidates nominated for the offices of president and vice president of the United States, by the party that nominated me to the office of presidential elector." The executed pledges must accompany the submission of the corresponding names to the secretary of state.

Each presidential elector of an unaffiliated or independent presidential candidate shall execute the following pledge upon nomination: "If selected for the position of presidential elector for an unaffiliated or independent presidential candidate, I agree to serve and to mark my ballots for that candidate and for that candidate's vice-presidential running mate." The executed pledges must accompany the submission of the corresponding names to the secretary of state.

Source: SL 2026, ch 74, § 5.