S.D. Codified Laws § 12-20-20 — SD Code / Title 12 / Chapter 20 / Section 12-20-20
Sealing of ballot boxes after deposit of counted ballots--Violation as misdemeanor
Status: in_force

The counted ballots shall be sorted in the manner provided in 12-20-2 and wrapped, sealed, and deposited in the ballot box. The precinct superintendent and precinct deputies, after the counting of ballots and deposit of the ballots counted in the ballot box, shall properly seal, with seals furnished pursuant to § 12-16-26 , any ballot box opening and the place where the clasp and box connect, and each place where a ballot box may be opened before turning the ballot box over to the person deputed to deliver it. A violation of this section is a Class 1 misdemeanor.

Source: SDC 1939, § 16.1706; SL 1974, ch 118, § 159; SL 1979, ch 106, § 1; SL 1982, ch 86, § 91; SL 1999, ch 69, § 46.
S.D. Codified Laws § 12-4-12 — SD Code / Title 12 / Chapter 4 / Section 12-4-12
New registration on move between states or counties--Authorization to cancel previous registration
Status: in_force

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

Source: SL 1961, ch 92, § 9; SL 1974, ch 118, § 16; SL 1994, ch 107, § 16; SL 2002, ch 40, § 9.
S.D. Codified Laws § 12-5-1.5 — SD Code / Title 12 / Chapter 5 / Section 12-5-1.5
Organization and dissolution of political party without candidate for United States Senate, United States House of Representatives, Governor, or Legislature
Status: in_force

If a new political party organizing does not have a candidate for United States Senate, United States House of Representatives, Governor, or Legislature, who is nominated at a primary election, the new political party may be organized by filing with the secretary of state not later than July first at five p.m. central time, 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. The declaration shall contain:

(1) The name of the proposed party; and

(2) A brief statement of the principles of the proposed party.

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: SL 2017, ch 69, § 10; SL 2018, ch 74, § 8, eff. Mar. 23, 2018.
S.D. Codified Laws § 12-3-11 — SD Code / Title 12 / Chapter 3 / Section 12-3-11
Precinct interpreters provided--Payment
Status: in_force

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

Source: SL 1976, ch 104, § 5; SL 1999, ch 69, § 2.
S.D. Codified Laws § 12-22-1 — SD Code / Title 12 / Chapter 22 / Section 12-22-1
"Contest" defined
Status: in_force

"Contest," as used in §§ 12-22-1 to 12-22-28 , inclusive, shall mean a legal proceeding, other than a recount, instituted to challenge the determination of any election under the provisions of this title, or any municipal, school, or township election.

Source: SDC 1939, § 16.1901.
S.D. Codified Laws § 12-9-10 — SD Code / Title 12 / Chapter 9 / Section 12-9-10
Order of listing candidates on ballot--Arrangement by lot--Right to be present
Status: in_force

The order of names of judicial candidates certified by the secretary of state to each of the county auditors shall be arranged by lot. Any candidate shall have the right to be present or represented when the arrangement is being determined.

Source: SL 1925, ch 161, §§ 1, 2; SDC 1939, §§ 16.0306, 16.0307; SDCL, § 12-9-9 ; SL 1968, ch 143, § 5; SL 1974, ch 118, § 41; SL 1976, ch 105, § 22.
S.D. Codified Laws § 12-19-12 — SD Code / Title 12 / Chapter 19 / Section 12-19-12
Delivery of absentee ballots after close of polls
Status: in_force

If an absentee ballot is delivered to a polling place, absentee counting board, or the office of the person in charge of the election after the polls are closed in the county or local jurisdiction, the absentee ballot may not be counted or opened.

Source: SDC 1939, § 16.0608 as added by SL 1941, ch 80; SL 1963, ch 110, § 3; SL 1974, ch 118, § 141; SL 1999, ch 69, § 37; SL 2010, ch 74, § 16; SL 2023, ch 51, § 14.
S.D. Codified Laws § 12-11-1 — SD Code / Title 12 / Chapter 11 / Section 12-11-1
Special election to fill congressional vacancy--Time of election of representative
Status: in_force

If a vacancy occurs in the office of a senator or representative in the United States Congress it shall be the duty of the Governor within ten days of the occurrence, to issue a proclamation setting the date of and calling for a special election for the purpose of filling such vacancy. If either a primary or general election is to be held within six months, an election to fill a vacancy in the office of representative in the United States Congress shall be held in conjunction with that election, otherwise the election shall be held not less than eighty nor more than ninety days after the vacancy occurs.

Source: SL 1890, ch 84, § 19; RPolC 1903, § 1956; SL 1915, ch 182, § 2; RC 1919, §§ 7214, 7308; SL 1929, ch 117, § 5; SDC 1939, §§ 16.0602, 16.1401; SDCL, § 12-11-2 ; SL 1974, ch 118, § 46; SL 1979, ch 99, § 5.
S.D. Codified Laws § 12-21-50 — SD Code / Title 12 / Chapter 21 / Section 12-21-50
Issuance of writ of certiorari--Officials to whom addressed--Contents
Status: in_force

If the court concludes that the facts set forth in the petition, if true, are sufficient to justify the issuance of the writ, the same shall be issued. It shall be addressed to each county recount board, and to each other authority which the plaintiff claims to have exceeded its jurisdiction, including misapplication of the law in determination of questions concerning disputed ballots, and shall command each such board or authority at or before a time specified to certify to the court all its records and proceedings with reference to such matter. If questions as to validity of any disputed ballots are involved, the writ shall command the county auditor having custody thereof to return at the time designated the sealed envelopes containing the disputed ballots in question.

Source: SDC 1939, § 16.1821.
S.D. Codified Laws § 12-16-37 — SD Code / Title 12 / Chapter 16 / Section 12-16-37
Space for tallying votes on submitted questions
Status: in_force

There shall be sufficient spaces at the right of the squares on each tally sheet used for questions submitted to the voters to tally in full the total number of votes tallied for each question voted upon.

Source: SL 1893, ch 82, § 1; RPolC 1903, § 1896; RC 1919, § 7245; SDC 1939, § 16.1109; SL 1961, ch 101, § 1.
S.D. Codified Laws § 12-25-27 — SD Code / Title 12 / Chapter 25 / Section 12-25-27
Definitions
Status: in_force

Terms as used in this chapter mean:

(1) "Any member of the individual's immediate family," a spouse or minor children living at home;

(2) "Close economic interest," any enterprise that, in the calendar year preceding the filing of any statement of financial interest under this chapter, contributes more than ten percent of or more than two thousand dollars to the gross income of the family, including the individual required to file the statement and any member of the individual's immediate family. The term also includes any enterprise in which the individual or any member of the individual's immediate family controls more than ten percent of the capital or stock;

(3) "Enterprise," any business or economic relationship;

(4) "Statement of financial interest," a description of the type of financial activity and the nature of the association with any enterprise as defined in this section.

Source: SL 1974, ch 121, § 1; SL 2017, ch 23, § 6.
S.D. Codified Laws § 12-4-9 — SD Code / Title 12 / Chapter 4 / Section 12-4-9
Master registration file--Safeguarding--Contents--Public inspection--Limitations--Availability
Status: in_force

The county auditor shall maintain and safeguard a digital master registration file that contains:

(1) The information from the voter registration card of each individual registered to vote in the county;

(2) The date of the last election at which the individual has voted;

(3) The date when the individual's voter information was last updated; and

(4) Any application made by an individual to vote by absentee ballot, including:

(a) The mailing address listed on the absentee ballot application form;

(b) The absentee ballot requested on the application;

(c) The date the absentee ballot was requested;

(d) The date that the absentee ballot was returned; and

(e) The method of absentee voting employed by the individual.

Except as otherwise provided in this section, § 12-4-9.2 , or 12-4-9.3 , the master registration file must be open to public inspection, free of charge. An individual's social security number, driver license number, South Dakota nondriver identification number, or month and day of birth is not open to public inspection.

The county auditor shall produce a record of all the information contained in the master registration file the day before any primary or general election scheduled within the county by 11:59 p.m. The county auditor shall maintain a rolling five-year archive of historical information from the master registration file.

The county auditor shall keep a voter registration form for a purged or unregistered voter twenty-two months. No purged or unregistered voter may be included in the master registration file.

Source: SL 1961, ch 92, § 5; SL 1974, ch 118, § 12; SL 1976, ch 105, § 6; SL 1994, ch 107, § 15; SL 2001, ch 66, § 6; SL 2008, ch 64, § 1; SL 2012, ch 81, § 2; SL 2017, ch 68, § 3; SL 2020, ch 50, § 1; SL 2025, ch 60, § 1; SL 2026, ch 64, § 2.
S.D. Codified Laws § 12-18-9 — SD Code / Title 12 / Chapter 18 / Section 12-18-9
Observation of voting and counting--Public and poll watchers--Penalty
Status: in_force

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

Members of the public may observe the voting and counting process at any polling location in a manner that does not interfere with the duties of the poll workers or poll watchers. Each polling place must be arranged in a manner that permits each poll watcher and observer to be positioned in a location where the poll watcher and observer may plainly see and hear what is done within the polling place.

A violation of this section by either a poll watcher, observer, or a poll worker is a Class 2 misdemeanor.

Source: SL 1897, ch 60, § 32; RPolC 1903, § 1921; RC 1919, § 7271; SDC 1939, § 16.1207; SL 1972, ch 85, § 3; SL 1974, ch 118, § 113; SL 1975, ch 124, § 1; SL 2004, ch 108, § 4; SL 2024, ch 47, § 2.
S.D. Codified Laws § 12-6-11 — SD Code / Title 12 / Chapter 6 / Section 12-6-11
Certification to county auditors of nominating petitions filed with secretary of state
Status: in_force

It shall be the duty of the secretary of state, as soon as the time for filing nominating petitions in his office has passed, immediately to certify to the several county auditors of the state the names of the persons in whose behalf nominating petitions have been filed in his office as candidates for each political party separately, with the name of the office for which each person is a candidate, and certify the color, style and form of the official primary election ballot of each political party.

Source: SL 1929, ch 118, § 8; SDC 1939, § 16.0215; SL 1973, ch 74, § 8.
S.D. Codified Laws § 12-26-36 — SD Code / Title 12 / Chapter 26 / Section 12-26-36
Deepfake--Civil liability--Burden of proof--No limitation
Status: in_force

A person who disseminates a deepfake in violation of § 12-26-33 is liable to the candidate and the individual depicted in the deepfake for damages, reasonable costs and attorney fees, and any other relief the court deems proper. The plaintiff bears the burden of establishing the person knowingly made use of a deepfake by clear and convincing evidence in any action brought pursuant to this section.

Nothing in this section limits any other cause of action from being brought against a person who disseminates a deepfake in violation of § 12-26-33 .

Source: SL 2025, ch 68, § 5.
S.D. Codified Laws § 12-27-42 — SD Code / Title 12 / Chapter 27 / Section 12-27-42
Place of filing
Status: in_force

Any statement, form, or filing required by this chapter shall be filed with the secretary of state in the case of a statewide office or legislative office election. Any statement, form, or filing required by this chapter shall be filed with the county auditor in the case of a county office election, with the municipal finance officer or clerk in the case of a municipal ballot question election, with the school business manager in the case of a school district office election, or with the person in charge of the election in the case of other political subdivisions or special purpose districts.

Source: SL 2007, ch 80, § 42; SL 2012, ch 86, § 3; SL 2016, ch 78, § 6.
S.D. Codified Laws § 12-11-2 — SD Code / Title 12 / Chapter 11 / Section 12-11-2
Filing of election proclamation--Notice to county auditors and political parties--Nominations
Status: in_force

The proclamation issued pursuant to § 12-11-1 or 12-11-1.1 shall be filed with the secretary of state who shall, if a special election is called for, notify each county auditor and the chair of each political party recognized pursuant to chapter 12-5 of the date and purpose of the special election. The State Central Committee of each recognized political party may nominate a person to fill the vacancy and any independent candidate filing nominating petitions meeting the requirements of § 12-7-1 may also have his or her name placed on the ballot.

Source: SL 1890, ch 84, § 19; RPolC 1903, § 1956; RC 1919, § 7308; SL 1929, ch 117, § 5; SDC 1939, § 16.1401; SL 1974, ch 118, § 47; SL 2008, ch 65, § 2.
S.D. Codified Laws § 12-27-1 — SD Code / Title 12 / Chapter 27 / Section 12-27-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Ballot question," any referendum, initiative, proposed constitutional amendment, or other measure submitted to voters at any election;

(2) "Ballot question committee," a person or entity that raises, collects, or disburses contributions:

(a) As a proponent for the placement of one or more ballot questions on the ballot;

(b) As an opponent to the placement of one or more ballot questions on the ballot; or

(c) For the adoption or defeat of one or more ballot questions.

A ballot question committee is not a person or political committee that makes a contribution to a ballot question committee. A ballot question committee is not an entity that makes a contribution to a ballot question committee from treasury funds;

(3) "Candidate campaign committee," any committee organized by a candidate to receive contributions and make expenditures for the candidate. Only one candidate campaign committee may be organized for each candidate and only one statewide candidate campaign committee may be organized for each candidate. A candidate may, simultaneously, have both a legislative campaign committee and a statewide campaign committee;

(4) "Candidate," any person who seeks nomination for or election to public office. A person is a candidate if the person raises, collects, or disburses contributions in excess of five hundred dollars; has authorized the solicitation of contributions or the making of expenditures; has been certified as a candidate by a political party; has created a candidate campaign committee for the purpose of obtaining public office; or has taken all actions required by state law to qualify for nomination for or election to public office;

(5) "Clearly identified," the appearance of the name, nickname, a photograph or a drawing of a candidate or public office holder, or the unambiguous reference to the identity of a candidate or public office holder;

(6) "Contribution," any gift, advance, distribution, deposit, or payment of money or any other valuable consideration, or any contract, promise or agreement to do so; any discount or rebate not available to the general public; any forgiveness of indebtedness or payment of indebtedness by another person; or any use of services or property without full payment or that is provided by any person or political committee whose primary business is to provide services or property, made for the purpose of influencing:

(a) The nomination, election, or re-election of any person to public office; or

(b) The placement of a ballot question on the ballot or the adoption or defeat of any ballot question submitted.

The term does not include services provided by a person as a volunteer for or on behalf of any candidate or political committee including the free or discounted use of a person's residence. Nor does the term include the purchase of any item of value or service from any political committee. The purchase price of the item may not exceed the fair market value and may not include an intent to contribute beyond the item's value. A contribution does not include administration and solicitation of a contribution for a political action committee established by an entity or its associated expenses, nor the use of an entity's real or personal property located on its business premises for such purposes. A contribution does not include nominal use of a candidate's real or personal property or nominal use of resources available at a candidate's primary place of business;

(7) "County office," any elected office at a county in this state;

(8) "Election," any election for public office; any general, special, primary, or runoff election; and any election on a ballot question;

(9) "Expressly advocate," any communication that:

(a) In context has no other reasonable meaning than to urge the election or defeat of one or more clearly identified candidates, or public office holders, or the placement of a ballot question on the ballot or the adoption or defeat of any ballot question using explicit words of advocacy of election or defeat such as: vote, re-elect, support, cast your ballot for, reject, and defeat; or

(b) If taken as a whole and with limited reference to external events, such as the proximity to the election, may only be interpreted by a reasonable person as containing advocacy of the election or defeat of one or more clearly identified candidates or public office holders, or the placement of a ballot question on the ballot or the adoption or defeat of any ballot question because:

(i) The electoral portion of the communication is unmistakable, unambiguous, and suggestive of only one meaning; and

(ii) Reasonable minds could not differ as to whether it encourages actions to elect or defeat one or more clearly identified candidates or public office holders, or the placement of a ballot question on the ballot or the adoption or defeat of any ballot question or encourages some other kind of action;

(10) "Immediate family," a spouse of a candidate or public office holder; a person under the age of eighteen years who is claimed by that candidate or public office holder or that candidate's or public office holder's spouse as a dependent for federal income tax purposes; or any relative within the third degree of kinship of the candidate or the candidate's spouse, and the spouses of such relatives;

(11) "Independent communication expenditure," an expenditure, including the payment of money or exchange of other valuable consideration or promise, made by a person, entity, or political committee for a communication concerning a candidate or a ballot question which is not made to, controlled by, coordinated with, requested by, or made upon consultation with that candidate, political committee, or agent of a candidate or political committee. The term does not include administration and solicitation of any contribution for a political action committee established by an entity and associated expenses, nor the use of an entity's real or personal property located on its business premises for such purposes. The term does not include any communication by a person made in the regular course and scope of the person's business or ministry or any communication made by a membership organization solely to any member of the organization and the member's family;

(12) "Donated good or service," a good or service provided at no charge or for less than its fair market value. The term does not include the value of services provided by a person as a volunteer for or on behalf of any candidate or political committee including the free or discounted use of the volunteer's residence or office;

(13) "Legislative office," the Senate and the House of Representatives of the South Dakota Legislature;

(14) "Loan," a transfer of money, property, guarantee, or anything of value in exchange for an obligation, conditional or not, to repay in whole or part;

(14A) "Mailing address," includes street or PO Box, city, state, and zip code;

(15) "Entity," any organized or unorganized association, business corporation, limited liability company, nonprofit corporation, limited liability partnership, limited liability limited partnership, limited partnership, partnership, cooperative, trust except for a trust account representing or containing only a contributor's personal funds, a business trust, association, club, labor union, or collective bargaining organization; any local, state, or national organization to which a labor organization pays membership or per capita fees, based upon its affiliation and membership; any trade or professional association that receives its funds from membership dues or service fees, whether organized inside or outside the state; any other entity of any kind, except a natural person that is, has been, or could be recognized by law; or any group of persons acting in concert that is not defined as a political committee in this chapter except, an entity is not a candidate, a public office holder, or a political committee;

(16) "Person," a natural person;

(17) "Political action committee," any person or entity that raises, collects or disburses contributions to influence the outcome of an election and who is not a candidate, public officer holder, candidate campaign committee, ballot question committee, or a political party. A political action committee is not any:

(a) Person who makes a contribution to a political committee; or

(b) Entity that makes a contribution to a ballot question committee from treasury funds;

(18) "Political committee," any candidate campaign committee, political action committee, political party, or ballot question committee;

(19) "Political party," any state or county political party qualified to participate in a primary or general election, including any auxiliary organization of such political party;

(19A) "Auxiliary organization," any organization designated as an auxiliary organization in the political party's bylaws or constitution except any auxiliary organization that only accepts contributions to support volunteer activities of the organization and does not make monetary contributions or contribute donated goods or services or any independent communication expenditures to any political committee except a political party;

(20) "Statewide office," the office of Governor, lieutenant governor, secretary of state, attorney general, state auditor, state treasurer, commissioner of school and public lands, and public utilities commissioner;

(21) "Treasurer," the treasurer is the person who is designated as and has agreed to serve as the person responsible for each required filing that a committee is required to make under this title;

(22) "Treasury funds," funds of an entity not raised or collected from any other source for the purpose of influencing a ballot question;

(23) "Volunteer," any person who provides services free of charge.

Source: SL 2007, ch 80, § 1; SL 2008, ch 67, § 1; SL 2009, ch 67, § 3; SL 2010, ch 76, §§ 1, 4, 5, eff. Mar. 25, 2010; SL 2017, ch 222 (Initiated Measure 22), § 4, eff. Nov. 16, 2016; SL 2017, ch 72, § 3, eff. Feb. 2, 2017; SL 2017, ch 71, § 1; SL 2018, ch 83, § 1; SL 2018, ch 84, §§ 1, 2.
S.D. Codified Laws § 12-13-25.2 — SD Code / Title 12 / Chapter 13 / Section 12-13-25.2
Exception to time for director's comments
Status: in_force

If the director of the Legislative Research Council receives any initiated measure or initiated amendment to the Constitution from the first day of December to the day of adjournment sine die of the following legislative session, inclusive, the director shall provide written comments as required pursuant to § 12-13-25 not more than fifteen work days following adjournment sine die of the legislative session.

Source: SL 2018, ch 78, § 2.
S.D. Codified Laws § 12-16-1 — SD Code / Title 12 / Chapter 16 / Section 12-16-1
Printed ballots to be provided--Candidates listed--Sample ballots--Challenge--Submitted questions
Status: in_force

The county auditor shall provide printed ballots for each election in which the voters of the entire county participate. Except as provided in § 12-6-9 , printed ballots for a primary election must contain the name of each candidate who has filed for nomination and is approved. The printed ballots for the election of officers must contain the name of each candidate whose nomination has been certified or filed with the county auditor in the manner provided by law, unless the candidate is deemed elected by having no opposition. The names of the candidates must appear on the ballot exactly as listed in the declaration of candidacy of the candidates' nominating petitions.

Sample ballots must be printed on paper of a different color from the official ballot but in the same form. The sample ballots and official ballots must be printed and in the possession of the county auditor not later than forty-eight days prior to a primary or general election. If there is a challenge pursuant to § 12-1-13 or 12-1-16 , official ballots may not be printed until the challenge has been resolved or until sixty days prior to the primary or general election, whichever occurs first.

The county auditor shall prepare the necessary ballots, if any question is required to be submitted to the voters of the county. Ballots for general elections must be of the style and form prescribed in §§ 12-16-2 to 12-16-10.1 , inclusive.

Source: SL 1897, ch 60, § 13; SL 1901, ch 119, § 1; RPolC 1903, §§ 1886, 1892; SL 1909, ch 144; SL 1913, ch 198; SL 1915, ch 186, § 1; RC 1919, §§ 7236, 7241; SL 1925, ch 160; SL 1935, ch 107, § 2; SDC 1939, §§ 16.1101, 16.1105(4); SL 1944 (SS), ch 2, § 4; SL 1953, ch 75, § 3; SL 1955, ch 55, § 2; SL 1957, ch 84, § 2; SL 1959, ch 95; SDC Supp 1960, § 16.0613; SL 1963, ch 112; SL 1965, ch 88; SDCL § 12-19-26; SL 1971, ch 87, § 4; SL 1972, ch 82, § 4; SL 1974, ch 118, § 69; SL 1979, ch 97, § 5; SL 1981, ch 124; SL 1985, ch 112, § 1; SL 1987, ch 125; SL 2010, ch 74, § 13; SL 2011, ch 79, § 1; SL 2013, ch 66, § 1; SL 2021, ch 66, § 1; SL 2025, ch 64, § 1.
S.D. Codified Laws § 12-17B-5.2 — SD Code / Title 12 / Chapter 17B / Section 12-17B-5.2
Updates to automatic tabulating equipment prohibited after testing--Seal--Promulgation of rules
Status: in_force

After the conclusion of the testing of the automatic tabulating equipment, no software or firmware updates may be made to the automatic tabulating equipment until after the certification of the election results. Each automatic tabulating device must be sealed with a unique numbered seal. The person in charge of the election shall verify immediately prior to the official counting of the ballots that the seal has not been tampered with since the testing period and certification process pursuant to § 12-17B-5 . The State Board of Elections shall promulgate rules, pursuant to chapter 1-26 , prescribing the method of sealing automatic tabulating equipment pursuant to this section.

Source: SL 2023, ch 49, § 3.
S.D. Codified Laws § 12-1-28 — SD Code / Title 12 / Chapter 1 / Section 12-1-28
Issuance of resolution--Delivery to parties
Status: in_force

The resolution pronouncement shall be in writing and signed by the arbitrator. The arbitrator shall deliver a copy to each party personally or by registered or certified mail.

Source: SL 2003, ch 83, § 23; SDCL, § 12-4-49 .
S.D. Codified Laws § 12-20-13.2 — SD Code / Title 12 / Chapter 20 / Section 12-20-13.2
Counting provisional ballots--Certification
Status: in_force

The provisional ballot counting board or resolution board and tabulation machine operators shall convene one hour prior to the convening of the canvassing board. The provisional ballots, which the person in charge of the election has determined are not invalid according to § 12-20-5.1 , shall be counted. Upon completion of the count, the provisional ballot counting board or resolution board shall complete a certification of provisional ballot count and give the certification to the canvassing board. The certification form shall be prescribed by the State Board of Elections.

Source: SL 2003, ch 83, § 6.
S.D. Codified Laws § 12-20-21.1 — SD Code / Title 12 / Chapter 20 / Section 12-20-21.1
Circumstances requiring report of official returns by telephone
Status: in_force

Notwithstanding the provisions of § 12-20-21 , if the person in charge of the election determines that the roads are impassable between a polling place and the office of the person in charge of the election, the superintendent shall report unofficial election returns by telephone to the person in charge of the election immediately following completion of the vote count. The superintendent shall return the sealed ballot box together with the pollbooks, registration lists, the envelope containing the unofficial returns, and all supplies to the person in charge of the election as soon as possible but no later than noon on the day following the election.

Source: SL 1993, ch 117.
S.D. Codified Laws § 12-4-4.6 — SD Code / Title 12 / Chapter 4 / Section 12-4-4.6
Absentee ballot request as registration--Notarization not required
Status: in_force

A request for an absentee ballot made by an overseas citizen that contains the information necessary to comply with §§ 12-4-4.4 and 12-4-4.5 shall be sufficient for registration purposes, and these applications need not be notarized or otherwise sworn to.

Source: SL 1977, ch 112, § 8.
S.D. Codified Laws § 12-13-1 — SD Code / Title 12 / Chapter 13 / Section 12-13-1
Delivery of proposed questions to county auditors--Attorney general's explanation
Status: in_force

The secretary of state, at least twelve weeks prior to the general election, shall deliver to each county auditor a certified copy of each initiated measure, referred law, or proposed amendment to the Constitution to be voted on at the election, together with a statement, title, explanation, and recitation as written pursuant to § 12-13-9 or 12-13-25.1 to be published preceding the text of the initiated measure, referred law, or proposed amendment. The attorney general shall prepare each statement, title, explanation, and recitation.

Source: SL 1913, ch 107, § 11; RC 1919, § 7225; SDC 1939, § 16.1305 as added by SL 1963, ch 114; SL 1974, ch 118, § 51; SL 1979, ch 101; SL 1994, ch 108, § 1; SL 2018, ch 77, § 1.
S.D. Codified Laws § 12-22-11 — SD Code / Title 12 / Chapter 22 / Section 12-22-11
Joinder of parties in commencement of contest--Denomination of plaintiffs and defendants
Status: in_force

When two or more persons are entitled to commence any such contest, any one of them may institute it, or two or more may join. The person or persons instituting any such contest involving an election or nomination to any office or position shall be denominated plaintiff or plaintiffs. The person or persons who at the time of starting such contest are officially declared elected or nominated to such office or position shall be named defendant or defendants.

Source: SDC 1939, § 16.1910.
S.D. Codified Laws § 12-16-36 — SD Code / Title 12 / Chapter 16 / Section 12-16-36
Space for tally marks and vote totals on tally sheets
Status: in_force

There shall be at the right of each name or question in one or two horizontal lines a sufficient number of squares for the tally marks as provided in § 12-16-34 , on the tally sheets for each precinct, to contain the tally marks for one - third more votes than were cast in the precinct at the last preceding general election, not exceeding six hundred in any case. There shall be sufficient spaces at the right of the squares on the tally sheet so that a member of the precinct election board may write out the total number of votes tallied for the candidate or question.

Source: SDC 1939, § 16.1109; SL 1961, ch 101, § 1; SL 1997, ch 81, § 4; SL 1999, ch 69, § 19.
S.D. Codified Laws § 12-21-18 — SD Code / Title 12 / Chapter 21 / Section 12-21-18
Chapter not applicable where runoff election required
Status: in_force

The provisions of this chapter shall not apply to any election which must be followed by a second or runoff election by reason of no majority choice, according to the official returns.

Source: SDC 1939, § 16.1802 (2).
S.D. Codified Laws § 12-17B-21 — SD Code / Title 12 / Chapter 17B / Section 12-17B-21
Post-election audit--Public access--Notice--Publication
Status: in_force

A post-election audit conducted pursuant to §§ 12-17B-18 to 12-17B-25 , inclusive, must be open to the public. Members of the public shall keep a reasonable distance so as to not interfere with the audit process. The county auditor shall post notice of the time and place of the audit in the same manner as a public meeting agenda pursuant to § 1-25-1.1 and provide the notice to the county chair of each political party that has a candidate on the ballot. The person in charge of the election shall post the notice of the time and place of the audit to the secretary of state's website.

Source: SL 2023, ch 50, § 4; SL 2025, ch 65, § 2.
S.D. Codified Laws § 12-6-26 — SD Code / Title 12 / Chapter 6 / Section 12-6-26
Qualifications of voters at primary--Party registration requirements
Status: in_force

No person may vote a party ballot at any primary election unless the person is registered as a member of that political party in the precinct in which the person seeks to vote. Any political party in its constitution or bylaws may allow for participation in the party's primary elections by any person who is registered to vote with no party affiliation. Any such change to the constitution or bylaws of a political party shall be filed pursuant to § 12-5-1.1 by January first of the year in the which the primary is conducted.

Source: SDC 1939, § 16.0203; SL 1961, ch 92, § 8; SDCL § 12-4-26; SL 1973, ch 74, § 9; SL 1981, ch 13, § 2; SL 1996, ch 97; SL 2009, ch 69, § 3.
S.D. Codified Laws § 12-22-9 — SD Code / Title 12 / Chapter 22 / Section 12-22-9
Service of summons and complaint--Time of serving
Status: in_force

Forthwith upon the filing of the summons and complaint, the same shall be served on the defendant or defendants, or on such other persons as may be required by §§ 12-22-11 to 12-22-15 , inclusive. If such filing is within the time prescribed by §§ 12-22-5 and 12-22-6 , such service may be made after expiration of such time, if made as soon as reasonably possible.

Source: SDC 1939, § 16.1906.
S.D. Codified Laws § 12-17B-18 — SD Code / Title 12 / Chapter 17B / Section 12-17B-18
Post-election audit--Auditing board--Members--Promulgation of rules
Status: in_force

Within fifteen days following the completion of the state canvassing of a primary or general election, the auditor of each county shall conduct a post-election audit of the ballots cast in the election following the procedures listed in this section and §§ 12-17B-19 to 12-17B-25 , inclusive. The county auditor shall appoint a county auditing board of sufficient size to promptly complete the audit.

The members of the county auditing board may not all be members of the same political party. A member of the county auditing board must be a registered voter in the county in which the audit takes place. An individual may not serve on the county auditing board if the individual is a candidate for the office that is on the ballot being audited.

The State Board of Elections shall promulgate rules, pursuant to chapter 1-26 , prescribing the oath that each member of a county auditing board must take prior to discharging any duties.

Source: SL 2023, ch 50, § 1.
S.D. Codified Laws § 12-27-2 — SD Code / Title 12 / Chapter 27 / Section 12-27-2
Political committee chair and treasurer required--Violation as misdemeanor
Status: in_force

A political committee shall have and continually maintain a chair and a treasurer. One person may serve as chair, candidate, treasurer, or any combination thereof. A treasurer may be responsible for any monetary penalty assessed pursuant to this chapter. No political committee may receive or make contributions or pay expenses while the office of treasurer is vacant. 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, § 2; SL 2008, ch 67, § 2; SL 2017, ch 71, § 2; SL 2018, ch 84, § 3.
S.D. Codified Laws § 12-13-9.2 — SD Code / Title 12 / Chapter 13 / Section 12-13-9.2
Action to challenge adequacy of attorney general's statement--Appeal--Time limits
Status: in_force

If the proponents or opponents of a proposed amendment to the Constitution, initiated measure, or referred measure believe that the attorney general's statement does not satisfy the requirements of § 12-13-9 or § 12-13-25.1 , they shall, within seven days of delivery of the statement to the secretary of state, file an action in circuit court challenging the adequacy of the statement. The action takes precedence over other cases in circuit court and a final order shall be filed within fifteen days of the commencement of the action. Any party appealing the circuit court order to the Supreme Court shall file a notice of appeal within five days of the date of the circuit court order.

Source: SL 2007, ch 77, § 3; SL 2009, ch 64, § 4, eff. July 1, 2010.
S.D. Codified Laws § 12-19-39 — SD Code / Title 12 / Chapter 19 / Section 12-19-39
Oath of board members--Compensation
Status: in_force

Each election official of the absentee ballot counting board shall take the oath required by § 12-15-9 and shall be paid as provided by § 12-15-11 .

Source: SL 1976, ch 108, § 3.
S.D. Codified Laws § 12-4-8 — SD Code / Title 12 / Chapter 4 / Section 12-4-8
Records prescribed by state board--Information required
Status: in_force

For the purpose of expediting work of the county auditor, to promote uniformity in registration, and for the preparation of abstracts and other forms to be used by election boards, registration records shall be prescribed by the State Board of Elections. The State Board of Elections may require such information, on registration records, as is necessary to effectuate the state and federal election laws.

Source: SL 1961, ch 92, § 7; SL 1969, ch 83, § 3; SL 1970, ch 86, § 1; SL 1971, ch 83, §§ 10, 12; SL 1972, ch 76, § 3; SL 1974, ch 118, § 9; SL 1975, ch 119, § 16; SL 1994, ch 107, § 12.
S.D. Codified Laws § 12-27-45 — SD Code / Title 12 / Chapter 27 / Section 12-27-45
Additional standards adopted by political subdivision
Status: in_force

Nothing is this chapter prevents any political subdivision from adopting additional standards or requirements relating to campaign finance for elections held under the political subdivision's own jurisdiction that are more stringent than the provisions of this title.

Source: SL 2012, ch 86, § 4.
S.D. Codified Laws § 12-20-13.3 — SD Code / Title 12 / Chapter 20 / Section 12-20-13.3
Counting provisional ballots--Alternate time
Status: in_force

The person in charge of the election may establish an alternative time prior to the official canvass for provisional ballot counting provided that notice of the time and location is given to the county party chairperson of each political party for primary, secondary, and general elections and to each candidate for any other election.

Source: SL 2003, ch 83, § 7; SL 2006, ch 28, § 4.
S.D. Codified Laws § 12-1-39 — SD Code / Title 12 / Chapter 1 / Section 12-1-39
Availability of petition to public
Status: in_force

No petition submitted may be made available to the public until the validation process has been completed and the office where that petition was submitted has filed or rejected the petition, except as provided in § 2-1-15 .

Source: SL 2017, ch 2, § 3; SL 2019, ch 15, § 4.
S.D. Codified Laws § 12-20-40 — SD Code / Title 12 / Chapter 20 / Section 12-20-40
Certificate of election delivered by county auditor to persons elected to local office
Status: in_force

It shall be the duty of the county auditor to make out a certificate of election to each of the persons having the highest number of votes for county and precinct officers, respectively, and to deliver such certificate to the person entitled to it.

Source: SL 1890, ch 84, § 2; RPolC 1903, § 1941; RC 1919, § 7290; SDC 1939, § 16.1712; SL 1973, ch 76, § 3.
S.D. Codified Laws § 12-20-31 — SD Code / Title 12 / Chapter 20 / Section 12-20-31
Destruction of ballots and pollbooks--Period for which held
Status: in_force

The person in charge of an election may destroy voted ballots, pollbooks, and all other election material relating to a nonfederal election twenty - two months after the election at which the ballots were voted.

The person in charge of an election may destroy voted ballots, pollbooks and all other election material relating to a federal election twenty - two months after the election at which the ballots were voted.

For purposes of this section, a federal election is any election to nominate or elect persons to the United States Congress or other national elected position, including national issues or questions. If a ballot is used for a federal election and a state or local election, the ballots and all other election material must be maintained for twenty - two months. All federal election material may be removed from the ballot box if it is maintained in such a manner as to guarantee the safety and integrity of such material.

Source: PolC 1877, ch 27, § 29; SL 1881, ch 74, § 2; CL 1887, § 1468; RPolC 1903, § 1931; SL 1915, ch 185, § 1; RC 1919, § 7280; SDC 1939, § 16.1708; SL 1963, ch 109, § 2; SL 1963, ch 120; SL 1965, ch 96; SDCL, § 12-20-30; SL 1974, ch 118, § 162; SL 1986, ch 121; SL 2026, ch 36, § 2.
S.D. Codified Laws § 12-21-37 — SD Code / Title 12 / Chapter 21 / Section 12-21-37
New certificate of election or nomination to local office when result changed by recount
Status: in_force

If such corrected abstract by the county recount board shows no change in the result as previously found on the official returns, no further action shall be taken. But if there is a change in such result, a new certificate of election or nomination shall be issued to each candidate found to have been elected or nominated as the case may be, which certificate shall be signed by at least two members of such board, and shall set forth the nomination or election of such person as to such office or position.

Source: SDC 1939, § 16.1815; SL 1974, ch 118, § 187.
S.D. Codified Laws § 12-7-1.2 — SD Code / Title 12 / Chapter 7 / Section 12-7-1.2
Certification of candidate for lieutenant governor--Withdrawal--Ballot placement
Status: in_force

An independent candidate for Governor shall nominate a candidate for lieutenant governor by certifying the nomination to the secretary of state no later than five p.m. central time on the second Tuesday in August in the year of election. The candidate and the candidate's nominee for lieutenant governor shall sign the certification.

An independent candidate for lieutenant governor may withdraw from the nomination by filing a request under oath with the secretary of state. If an independent candidate for lieutenant governor withdraws, the independent candidate for Governor must nominate a replacement candidate for lieutenant governor by certifying the nomination to the secretary of state no later than five p.m. central time on the second Tuesday in August in the year of the election. The independent candidate for Governor and the candidate's replacement nominee for lieutenant governor shall sign the certification.

The secretary of state may not place the name of the candidate for Governor on the general election ballot until a candidate for lieutenant governor has been certified.

Source: SL 2017, ch 69, § 8; SL 2025, ch 62, § 3.
S.D. Codified Laws § 12-12-1 — SD Code / Title 12 / Chapter 12 / Section 12-12-1
Notice of offices to be filled--Publication
Status: in_force

The county auditor charged with the conduct of a primary election shall give notice of any office to be filled by nomination or by declaration and the deadline for filing in all official newspapers in the appropriate district, at least once each week for two consecutive weeks, between the fifteenth and thirtieth day of January in an even-numbered year. A local election official charged with the conduct of a local election shall give notice of any office to be filled by nomination or by declaration and the deadline for filing a nominating petition, in all official newspapers in the locality, at least once each week for two consecutive weeks. The last publication in the notice may not be less than ten nor more than fifteen days before the deadline for filing. The provisions of this section apply unless otherwise provided by law specifically governing the election.

The person in charge of the election shall give further notice of each election stating the date and time of the election, and designating each polling place for the election, in all official newspapers at least once each week for two consecutive weeks, the last publication to be not less than four nor more than ten days before the election. For any runoff election under § 12-6-51.1 , one notice shall be published along with a copy of the ballot in each newspaper in the state that publishes on Saturday and Sunday. The secretary of state shall direct the newspapers to publish the ballot and notice on the eleventh or twelfth day after the primary election. The secretary of state shall pay all costs of publication.

Source: SDC 1939, §§ 16.0213, 16.0901; SL 1955, ch 54, §§ 2, 4; SL 1963, ch 107, § 2; SDCL § 12-6-10; SL 1968, ch 75; SL 1971, ch 85; SL 1972, ch 81, §§ 3, 4; SL 1973, ch 77, § 1; SL 1979, ch 100, § 1; SL 1982, ch 28, § 43; SL 1985, ch 110, § 1D; SL 1995, ch 83; SL 1997, ch 79, § 1; SL 2019, ch 73, § 2; SL 2020, ch 44, § 1.
S.D. Codified Laws § 12-1-8 — SD Code / Title 12 / Chapter 1 / Section 12-1-8
Legal assistance to board
Status: in_force

The Office of the Attorney General shall provide such legal assistance as the State Election Board may require.

Source: SL 1974, ch 117, § 6.
S.D. Codified Laws § 12-21-20.1 — SD Code / Title 12 / Chapter 21 / Section 12-21-20.1
Appointment of additional recount board
Status: in_force

If the presiding circuit court judge in consultation with the county auditor determines that a single recount board in a county is unlikely to complete the recount in five working days, the presiding judge may appoint more than one recount board for that county. The presiding judge shall determine which precincts each recount board shall be appointed to recount.

Source: SL 2003, ch 85, § 1.
S.D. Codified Laws § 12-6-2 — SD Code / Title 12 / Chapter 6 / Section 12-6-2
Third-term gubernatorial nomination prohibited
Status: in_force

No person shall be nominated under the provisions of this chapter for election to the office of Governor for a third successive term.

Source: SDC 1939, § 16.0208 as added by SL 1947, ch 84.
S.D. Codified Laws § 12-27-3 — SD Code / Title 12 / Chapter 27 / Section 12-27-3
Statements of organization to be filed for political action committee, candidate campaign committee, and ballot question committee--Violation as misdemeanor
Status: in_force

A statement of organization shall be filed as follows:

(1) The treasurer for a political action committee shall file a statement of organization with the secretary of state not later than fifteen days after the date upon which the committee made contributions, received contributions, or paid expenses in excess of five hundred dollars. However, if such activity falls within thirty days of any statewide election, the statement of organization shall be filed within forty-eight hours;

(2) A candidate shall file a statement of organization for a candidate campaign committee with the secretary of state not later than fifteen days after becoming a candidate pursuant to this chapter; and

(3) If the treasurer for a ballot question committee does not file a statement of organization pursuant to chapter 2-1 , the treasurer shall file a statement of organization with the secretary of state not later than fifteen days after the date which the committee made contributions, received contributions, or paid expenses in excess of five hundred dollars. However, if such activity falls within thirty days of any statewide election, the statement of organization shall be filed within forty-eight hours.

Any statement of organization may be filed electronically pursuant to § 12-27-41 . A political committee that regularly files a campaign finance disclosure statement with another state or the Federal Election Commission or a report of contributions and expenditures with the Internal Revenue Service is not required to file a statement of organization. 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, § 3; SL 2008, ch 67, § 3; SL 2010, ch 76, § 2, eff. Mar. 25, 2010; SL 2012, ch 18, § 9; SL 2013, ch 67, § 4; SL 2017, ch 71, § 3; SL 2018, ch 84, § 4.
S.D. Codified Laws § 12-1-35 — SD Code / Title 12 / Chapter 1 / Section 12-1-35
Secretary of state to examine nominating petitions for statewide office for compliance
Status: in_force

The secretary of state shall examine each nominating petition for statewide office upon being received by the Office of Secretary of State. No signature of a person may be counted by the secretary of state unless the person is a registered voter in the county indicated on the signature line and has complied with the laws and rules concerning petitions. No signature of a person may be counted if the information required on the petition form is not complete.

Source: SL 2015, ch 75, § 1.
S.D. Codified Laws § 12-26-1 — SD Code / Title 12 / Chapter 26 / Section 12-26-1
Elections to which chapter applies
Status: in_force

The word "election" as used in this chapter includes any election held in this state for the purpose of enabling the voters to nominate or elect any United States, state, or local officer, or to vote upon any question submitted to them.

Source: PenC 1877, § 90; CL 1887, § 6290; RPenC 1903, § 95; RC 1919, § 3679; SDC 1939, § 13.0901; SL 1974, ch 118, § 197.
S.D. Codified Laws § 12-4-19.7 — SD Code / Title 12 / Chapter 4 / Section 12-4-19.7
Voter registration list maintenance confirmation mailing notice--Contents
Status: in_force

The voter registration list maintenance confirmation mailing notice shall be a double postcard stating that the voter's registration may be canceled if the card is not returned. In addition, the card shall state that if the information on the return card is correct, the voter shall sign and return the card by the voter registration deadline of the primary election or the voter's registration becomes inactive. The card shall also state that if the information on the return card is not correct, the voter shall send the correct information to update the voter's registration or the voter's registration becomes inactive. If the card is returned indicating a new address in another county in South Dakota or another state, the card shall serve as a cancellation authorization. The card shall also give information on reregistering if the voter has moved to another county or state. The card shall give the information about the voter as the information appears in the registration records.

Source: SL 2018, ch 76, § 3.If the address verification request sent pursuant to § 12-4-19 is returned to the county auditor as undeliverable, the auditor must send a voter registration list maintenance confirmation mailing letter or postcard that:

(1) States the voter's registration may be canceled if the letter or postcard is not returned;

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

(3) Provides the following instructions:

(a) If the information on the letter or card is correct, the voter must sign and return the letter or card by the voter registration deadline of the primary election or the voter's registration will become inactive;

(b) If the information on the letter or card is not correct, the voter must send the correct information to update the voter's registration by the voter registration deadline of the primary election or the voter's registration will become inactive; and

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

Source: SL 2018, ch 76, § 3; SL 2026, ch 65, § 3, eff. Dec. 1, 2026.
S.D. Codified Laws § 12-26-4 — SD Code / Title 12 / Chapter 26 / Section 12-26-4
Voting or offer to vote by unqualified person--Penalty
Status: in_force

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

(1) Knows that the individual is not a qualified voter of this state; and

(2) Votes or offers to vote at any election held in this state.

Source: PenC 1877, § 65; CL 1887, § 6264; RPenC 1903, § 69; RC 1919, § 3658; SDC 1939, § 13.0908; SL 1982, ch 86, § 112; SL 2025, ch 59, § 3.
S.D. Codified Laws § 12-19-42 — SD Code / Title 12 / Chapter 19 / Section 12-19-42
Envelope containing voted ballots kept closed--Delivery to county board
Status: in_force

Upon receipt of the sealed return envelope containing the voted ballots, the person in charge of the election shall keep it in a safe place without opening the envelope or breaking the seal thereof. The person in charge of the election shall cause to be delivered to the absentee ballot counting board, the absentee ballot, or ballots with the election supplies, or if later received, then prior to the close of the polls.

Source: SL 1976, ch 108, § 12.
S.D. Codified Laws § 12-16-32 — SD Code / Title 12 / Chapter 16 / Section 12-16-32
Separate tally sheets provided
Status: in_force

A separate tally sheet shall be provided for computing the votes for candidates of each political party, for independent candidates, and for judicial offices, and for all constitutional amendments, referred laws and initiated measures submitted to the voters at such elections as they appear on separate ballots.

Source: SDC 1939, § 16.1109 as added by SL 1961, ch 101, § 1; SL 1974, ch 118, § 87.
S.D. Codified Laws § 12-8-1 — SD Code / Title 12 / Chapter 8 / Section 12-8-1
Certification by county board of nominees at primary--Certificate of election of party officials
Status: in_force

The county canvassing board, as soon as the returns of any primary election are canvassed, as provided in chapter 12-20 , shall issue and mail to each person whom the returns show nominated for any county office, a certificate of nomination. The county canvassing board shall certify the names of such nominees to be printed on the official ballot at the succeeding November election. The board shall issue and mail a certificate of election to each person whom the returns show elected as party precinct committeeman or committeewoman, delegate or alternate to the state convention. The certificate shall be duly executed by said county canvassing board under the seal of the county. The county canvassing board shall similarly certify the election of the delegates and alternates to the state convention to the state political parties.

Source: SL 1907, ch 139, § 64; SL 1911, ch 201, § 103; SL 1917, ch 234, § 96; RC 1919, § 7160 (b); SL 1929, ch 118, § 42; SDC 1939, § 16.0236; SL 1963, ch 107, § 5; SL 1979, ch 98, § 1.
S.D. Codified Laws § 12-27-26 — SD Code / Title 12 / Chapter 27 / Section 12-27-26
Requirements for dissolution of political committee
Status: in_force

A political committee may not dissolve until the political committee has settled all of its debts, disposed of all of its assets, and filed a termination statement.

Source: SL 2007, ch 80, § 26.
S.D. Codified Laws § 12-3-8 — SD Code / Title 12 / Chapter 3 / Section 12-3-8
Implementation of Voting Rights Amendments in affected counties
Status: in_force

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

Source: SL 1976, ch 104, § 3.
S.D. Codified Laws § 12-27-29.5 — SD Code / Title 12 / Chapter 27 / Section 12-27-29.5
Candidate jointly and severally responsible with treasurer for penalty--Decertification
Status: in_force

If a candidate is not the treasurer of the candidate's campaign committee, the penalty of a candidate being decertified, pursuant to this chapter, remains. Notwithstanding any other provisions of law, a candidate is jointly and severally responsible with the treasurer of the candidate's campaign committee for each monetary fine and penalty imposed by this chapter.

Source: SL 2017, ch 71, § 27.
S.D. Codified Laws § 12-17B-20 — SD Code / Title 12 / Chapter 17B / Section 12-17B-20
Post-election audit--Procedure--Precinct defined
Status: in_force

The post-election audit must be conducted in five percent of the precincts in the county by manually counting all votes cast in two contests and comparing the results of the manual count to the results for those precincts at the county canvass. The county auditor shall select the precincts for the audit at random without the use of a computer in public during the meeting of the county canvassing board. If the combined total of all ballots cast in the precincts selected does not exceed one hundred ballots, then additional precincts must be randomly selected until the total of all ballots exceeds one hundred ballots. For the purposes of this section, the term precinct includes vote centers, but does not include any precinct designated as an absentee precinct.

The county auditor shall select the contests for the audit at random without the use of a computer in public during the meeting of the county canvassing board. One contest randomly selected for the audit must be a statewide contest. If there are no statewide contests on the ballot, the auditor randomly shall select another contest on the ballot. If there is only one contest on the ballot, that contest must be audited.

Source: SL 2023, ch 50, § 3.
S.D. Codified Laws § 12-18-15 — SD Code / Title 12 / Chapter 18 / Section 12-18-15
Voting without delay--Maximum time in booth or machine--Reentry prohibited
Status: in_force

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

Source: SL 1897, ch 60, § 32; RPolC 1903, § 1921; RC 1919, § 7271; SDC 1939, § 16.1202; SL 1974, ch 118, § 120; SL 1993, ch 115.
S.D. Codified Laws § 12-19-45 — SD Code / Title 12 / Chapter 19 / Section 12-19-45
Record of applicants' names, addresses, and voting precincts--Delivery to counting board--Record of authorized messengers
Status: in_force

The person in charge of the election shall preserve a record of the name, post office address, and voting precinct of each applicant for an absentee ballot and shall personally deliver the record to the absentee ballot counting board. The person in charge of the election shall keep a record of the name of the authorized messenger requesting an absentee ballot to be delivered to another voter.

Source: SL 1976, ch 108, § 10; SL 1979, ch 105, § 3; SL 1980, ch 115, § 7; SL 2026, ch 73, § 6, eff. Mar. 26, 2026.
S.D. Codified Laws § 12-21-45 — SD Code / Title 12 / Chapter 21 / Section 12-21-45
Court order for second recount--Grounds--Time of filing petition
Status: in_force

At any time while any recount is pending before a county recount board, the circuit court for such county, on petition of any interested person, and upon due notice to such board, if satisfied that such board has acted fraudulently or arbitrarily and in disregard of law, and in such a way as likely to reach an unfair result, may order any ballots already recounted to be recounted a second time. Such petition, however, must be filed prior to final certification of the recount, and to give opportunity for hearing and decision, the court may enjoin such certification for a period not exceeding three days.

Source: SDC 1939, § 16.1830.
S.D. Codified Laws § 12-20-13 — SD Code / Title 12 / Chapter 20 / Section 12-20-13
Tabulation and public release of unofficial returns--Entry into central election reporting system
Status: in_force

Except as provided in § 12-20-17 , the county auditor shall tabulate election returns as rapidly as received and make the result available for the information of the public, but such returns are not the official returns. The county auditor shall enter the information into the central election reporting system by using any computer located in a county office which is properly configured and linked to the central state computer immediately following the tabulation of each precinct.

Source: SDC 1939, § 16.1723; SL 1978, ch 103; SL 1990, ch 108; SL 2003, ch 84, § 1.
S.D. Codified Laws § 12-12-6 — SD Code / Title 12 / Chapter 12 / Section 12-12-6
Official list of candidates--Maintenance--Updates--Information required--Availability
Status: in_force

The secretary of state shall maintain a list of candidates approved to appear on the ballot in a statewide primary, general, or special election. The list must be updated as new candidates are approved, withdrawn, or otherwise removed from the ballot. The list must provide the candidate's name, address, county, and, if applicable to the office sought, the candidate's legislative district and political party. The list of candidates must be open to public inspection and available on the official website of the secretary of state.

Source: SL 2023, ch 47, § 1.
S.D. Codified Laws § 12-4-3.2 — SD Code / Title 12 / Chapter 4 / Section 12-4-3.2
Private entity or individual registering voters--Form filing deadline--Violation as misdemeanor
Status: in_force

Any private entity or individual registering a person to vote shall file the completed registration form with the county auditor within ten days or by the next voter registration deadline, whichever occurs first. A violation of this section is a Class 2 misdemeanor.

Source: SL 2005, ch 90, § 1; SL 2023, ch 44, § 2.
S.D. Codified Laws § 12-22-2 — SD Code / Title 12 / Chapter 22 / Section 12-22-2
Candidate's right to institute contest--Legislative contests excepted
Status: in_force

A contest may be instituted by any candidate for a public office, other than a candidate for the Legislature. A legislative contest shall be instituted as provided in § 12-22-26 .

Source: SDC 1939, § 16.1902 (1); SL 2010, ch 74, § 23.
S.D. Codified Laws § 12-17B-14 — SD Code / Title 12 / Chapter 17B / Section 12-17B-14
Duplicate ballots substituted for rejected ballots
Status: in_force

The resolution board shall determine the disposition of those ballots which cannot be properly counted by the tabulating equipment. A true duplicate copy shall be made of any ballot in question and substituted for the rejected ballot. All duplicate ballots shall be clearly labeled "duplicate," shall bear a serial number which shall be registered on the rejected ballot, and shall be counted in lieu of the rejected ballot. The resolution board may observe the activities at the counting location on behalf of their respective political party.

Source: SL 1994, ch 110, § 18.
S.D. Codified Laws § 12-18-8.1 — SD Code / Title 12 / Chapter 18 / Section 12-18-8.1
Number of poll watchers set by state board--Rules
Status: in_force

The State Board of Elections shall promulgate rules pursuant to chapter 1-26 setting the number of poll watchers which are allowed in each polling place.

Source: SL 1975, ch 124, § 2; SL 1998, ch 78, § 2.
S.D. Codified Laws § 12-18-1 — SD Code / Title 12 / Chapter 18 / Section 12-18-1
Preparation for voting--Booths, electronic ballot marking system, and supplies to be provided--Private voting required
Status: in_force

The superintendent of the election precinct is responsible for having the polling place ready to accommodate the voters in the precinct by the time the polls open. The booths, electronic ballot marking system, and supplies which enable the voter to complete the voter's ballot shall be provided by the person in charge of the election. If a voter chooses to use a sip and puff device or an A/B switch device with the electronic ballot marking system, the voter shall provide such device. All voting at the polling place shall be in private voting booths or compartments and, except as provided in § 12-18-25 , shall be screened from observation.

Source: SDC 1939, § 16.1005; SL 1972, ch 82, § 6; SL 1974, ch 118, § 102; SL 1976, ch 105, § 51; SL 1985, ch 113; SL 1996, ch 94, § 25; SL 2006, ch 70, § 3.
S.D. Codified Laws § 12-20-21 — SD Code / Title 12 / Chapter 20 / Section 12-20-21
Return of ballot boxes, returns, records and supplies to officer in charge--Tampering prohibited--Violation as felony
Status: in_force

The sealed ballot box, together with the pollbook and duplicate tally sheet, registration lists, and the envelope containing the unofficial returns and all supplies and returns required, shall be returned by the precinct superintendent or a precinct deputy designated by the precinct superintendent, to the officer in charge of the election immediately after completion of the vote count. No person may deface, destroy, or tamper with the ballot box, envelope, pollbook, duplicate tally sheet, or registration lists or remove any seals. A violation of this section is a Class 6 felony.

Source: SDC 1939, §§ 16.0206, 16.0230, 16.0706, 16.1707, 16.1708, 16.9925; SL 1961, ch 92, §§ 10, 23; SL 1963, ch 109, §§ 1 to 3; SDCL, §§ 12-4-27, 12-6-44, 12-20-22 to 12-20-24, 12-20-26; SL 1974, ch 118, § 160; SL 1982, ch 86, § 92; SL 1993, ch 113, § 17; SL 1993, ch 118, § 27; SL 1999, ch 69, § 47.
S.D. Codified Laws § 12-16-8 — SD Code / Title 12 / Chapter 16 / Section 12-16-8
Order of listing candidates for same office in same column
Status: in_force

If there is more than one candidate seeking nomination or election for the same office in any column, the names of candidates for that office shall be arranged by lot, under the supervision of the election official in whose office the candidates' nominations were filed. Each candidate has the right to be present or represented when the arrangement is being determined.

Source: SDC 1939, § 16.1105 (1); SL 1974, ch 118, § 73; SL 1999, ch 74, § 1.
S.D. Codified Laws § 12-15-14.1 — SD Code / Title 12 / Chapter 15 / Section 12-15-14.1
Counting boards in smaller precincts to avoid unreasonable delay
Status: in_force

Notwithstanding § 12-15-14 , the county auditor may appoint counting boards in those precincts where the number of ballots to be voted on paper ballots, including absentee ballots, has in prior elections unreasonably delayed the completion of the ballot count even though the total number of ballots cast in prior elections did not exceed three hundred voters.

Source: SL 1975, ch 119, § 8; SL 1976, ch 105, § 41; SL 1993, ch 118, § 9.
S.D. Codified Laws § 12-20-10 — SD Code / Title 12 / Chapter 20 / Section 12-20-10
Blank list for unofficial return of precinct vote for candidates and submitted questions--Return envelope
Status: in_force

There shall be furnished by the officer in charge of the election to each voting precinct, for each election, a blank list which shall have space after each candidate's name and after each measure, law, or amendment to be voted upon at such election, in which to enter the number of votes cast in the precinct for each candidate, measure, law, or amendment, together with an envelope addressed to the officer in charge of the election and labeled in plain letters, "Immediate--Unofficial Return--Do not put this in ballot box."

Source: SL 1911, ch 258, § 1; RC 1919, § 7303; SDC 1939, § 16.1723; SL 1974, ch 118, § 154.
S.D. Codified Laws § 12-5-3.11 — SD Code / Title 12 / Chapter 5 / Section 12-5-3.11
Primary election of national convention delegates and alternates--Number of candidates--Statement of preference--Filing deadline
Status: in_force

If the bylaws of a political party do not prescribe a method of selecting a slate of delegates and alternates to the party's national convention, the slates of delegates and alternates to the national convention must be elected by the primary.

The number of candidates comprising a slate of delegates and alternates must:

(1) Equal the number of delegates and alternates required to be selected from the state; and

(2) Be grouped upon a single nominating petition, under the respective designations.

The nominating petition for a slate of delegates and alternates must contain a statement indicating the candidates' collective preference choice for president of the United States, that the candidates have no preference, or that the candidates are uncommitted. No candidate may be listed on the nominating petition of more than one slate.

The nominating petition for a slate of delegates and alternates to a party's national convention must be filed with the secretary of state after December thirty-first and before five p.m. central time on the third Tuesday of March before the date of the primary election.

Source: SL 1977, ch 107, § 6; SL 2009, ch 69, § 2; SL 2026, ch 35, § 4.
S.D. Codified Laws § 12-4-10 — SD Code / Title 12 / Chapter 4 / Section 12-4-10
Precinct registration lists--Contents--Entries
Status: in_force

The county auditor shall provide from the master registration file, in paper or electronic format, a separate list of the names and addresses of all registered voters in each voting precinct as established pursuant to chapter 12-14 , § 9-13-16 , or 13-7-11 in the county, which shall be known as the precinct registration list. The county auditor shall design the list for any voting precinct so that each name can be distinctly marked when the voter requests a ballot and must contain a space in which may be recorded the record of any challenge, affidavit, or other information as may be required. The precinct superintendent or precinct deputy shall make each entry when the voter requests a ballot.

Source: SL 1961, ch 92, § 10; SL 1974, ch 118, § 13; SL 1975, ch 120, § 5; SL 1976, ch 105, § 7; SL 1992, ch 107, § 2; SL 2002, ch 40, § 7; SL 2012, ch 84, § 3, eff. Feb. 23, 2012; SL 2023, ch 44, § 9.
S.D. Codified Laws § 12-21-35 — SD Code / Title 12 / Chapter 21 / Section 12-21-35
Certification of recount result to canvassing board--Recount result in lieu of official returns
Status: in_force

Whenever a recount is completed by the county recount board prior to the official canvass of the vote as to the office, position, nomination, or question, involved in such recount, the county recount board shall forthwith upon such completion, certify the result directly to the official, board, or tribunal making such canvass, and the result determined on such recount shall be included in the official canvass in lieu of the result as determined by the official returns as to all precincts involved in the recount.

Source: SDC 1939, § 16.1831.
S.D. Codified Laws § 12-5-9 — SD Code / Title 12 / Chapter 5 / Section 12-5-9
Votes for precinct committee restricted to nominees
Status: in_force

Only candidates nominated pursuant to § 12-5-4 shall be voted upon for such precinct committeeman or committeewoman.

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, § 4; SL 1974, ch 118, § 30.
S.D. Codified Laws § 12-17B-25 — SD Code / Title 12 / Chapter 17B / Section 12-17B-25
Post-election audit--Ballots secured
Status: in_force

The county auditor shall reseal and retain the ballots upon the completion of a post-election audit pursuant to § 12-20-31 .

Source: SL 2023, ch 50, § 8.
S.D. Codified Laws § 12-21-27 — SD Code / Title 12 / Chapter 21 / Section 12-21-27
Segregation and identification of disputed ballots
Status: in_force

If any such candidate or any such representative, protests the ruling of such board as to any ballot, such ballot shall be adequately identified by the board as an exhibit and segregated by the board as a disputed ballot.

Source: SDC 1939, § 16.1810; SL 1974, ch 118, § 180.
S.D. Codified Laws § 12-22-6 — SD Code / Title 12 / Chapter 22 / Section 12-22-6
Time of commencement of contest of presidential election
Status: in_force

Any such contest as to the election of presidential electors shall not be instituted at any time after the expiration of the time limit prescribed by § 12-22-5 . In case any person or persons entitled to institute such contest as to presidential electors, claim that for any reason returns from any precinct or precincts should be eliminated in the determination of the result, or that any ballots should be eliminated, such contest may be instituted at any time after the election and prior to the expiration of such time limit.

Source: SDC 1939, § 16.1904.
S.D. Codified Laws § 12-11-1.1 — SD Code / Title 12 / Chapter 11 / Section 12-11-1.1
Special election to fill congressional vacancy due to extraordinary circumstances
Status: in_force

If a vacancy occurs in the office of representative in the United States Congress due to extraordinary circumstances as defined in 2 USC Chapter 1 § 8 as of January 1, 2008, the Governor shall immediately issue a proclamation calling and setting the date for a special election to fill the vacancy. The proclamation shall contain the deadline for nomination.

Source: SL 2008, ch 65, § 1.
S.D. Codified Laws § 12-18-25 — SD Code / Title 12 / Chapter 18 / Section 12-18-25
Assistance of disabled or illiterate voter by person of his choice
Status: in_force

Any voter who by reason of physical disability or illiteracy is unable to read or mark a ballot may receive the assistance of any person whom such voter may select.

Source: SL 1897, ch 60, §§ 28, 30; RPolC 1903, §§ 1917, 1919; RC 1919, §§ 7267, 7268; SDC 1939, § 16.1204; SL 1939, ch 81; SL 1959, ch 99, § 10; SDC Supp 1960, § 16.2210; SDCL, § 12-18-37; SL 1974, ch 118, § 128; SL 1976, ch 105, § 59; SL 1983, ch 111; SL 1995, ch 84.
S.D. Codified Laws § 12-19-50 — SD Code / Title 12 / Chapter 19 / Section 12-19-50
Forms for recording tally--Special pollbook--Tally added to home precinct totals
Status: in_force

The tally shall be recorded on forms prescribed by the State Board of Elections. A special pollbook shall also be prescribed by the State Board of Elections. Except as provided by § 12-19-52 , the tally shall be recorded according to the precincts in which the voters are registered and then added to those individual precinct totals.

Source: SL 1976, ch 108, §§ 4, 9; SL 1993, ch 113, § 12.
S.D. Codified Laws § 12-4-62 — SD Code / Title 12 / Chapter 4 / Section 12-4-62
Voter registration challenge--Appeals
Status: in_force

If a voter's registration is canceled, pursuant to § 12-4-61 , the voter may appeal the auditor's decision to the board of county commissioners or circuit court. Any decision of the board may be appealed to the circuit court.

Source: SL 2025, ch 61, § 5.
S.D. Codified Laws § 12-16-19 — SD Code / Title 12 / Chapter 16 / Section 12-16-19
Delivery of ballots and supplies at instruction meeting--Sheriff to receive in absence of precinct superintendent or precinct deputy
Status: in_force

The ballots, together with all other election supplies may be delivered to the precinct superintendent or precinct deputy for each precinct at the time the precinct superintendent and precinct deputies are called together to receive instructions pursuant to § 12-15-7 . If any precinct superintendent or precinct deputy from that precinct is not present to receive instructions, the ballots, election supplies, and the ballot boxes for the precinct shall be delivered to the sheriff for delivery to the precinct superintendent.

Source: SDC 1939, § 16.1103; SL 1961, ch 100; SL 1974, ch 118, § 81; SL 1999, ch 69, § 14.
S.D. Codified Laws § 12-8-6 — SD Code / Title 12 / Chapter 8 / Section 12-8-6
Time of filing certificates of nomination
Status: in_force

Nominations by party committee to fill vacancies occurring in nominations made in primary elections and certificates of nomination to be filed with the secretary of state and those to be filed with the county auditor shall be filed not later than the second Tuesday in August at five p.m. or mailed by registered mail by that date and time prior to the election.

Source: SL 1897, ch 60, § 8; RPolC 1903, § 1905; SL 1918 (SS), ch 44, § 1; RC 1919, § 7202; SL 1929, ch 117, § 1; SL 1935, ch 109, § 1; SL 1937, ch 124, § 1; SDC 1939, § 16.0502; SDCL § 12-8-3 ; SL 1971, ch 87, §§ 1, 2; SL 1973, ch 76, § 2; SL 1977, ch 108, § 3; SL 1978, ch 100, § 1; SL 1979, ch 97, § 2; SL 2015, ch 77, § 23 rejected Nov. 8, 2016.
S.D. Codified Laws § 12-1-1 — SD Code / Title 12 / Chapter 1 / Section 12-1-1
Elections to which title applies
Status: in_force

The provisions of this title shall apply to all elections for state, district, and county officers and other officers except in cases where from the context of any statute a different intention plainly appears.

Source: PolC 1877, ch 27, § 1; CL 1887, § 1440; RPolC 1903, § 1863; RC 1919, § 7210; SDC 1939, § 16.0101.
S.D. Codified Laws § 12-4-57 — SD Code / Title 12 / Chapter 4 / Section 12-4-57
Information to county auditor by clerk of court--Auditor to remove names
Status: in_force

Within fifteen days after the close of each month, each clerk of court shall forward to the county auditor of the clerk's county information on any individual called for jury duty who is excused from jury duty because the individual has moved, has been convicted of a felony, has been declared mentally incompetent, is deceased, or is not a citizen of the United States. Upon receipt of the information, the county auditor shall investigate to determine if the reported individual is listed in the county's master registration file and whether the individual is eligible to be registered as a voter.

The county auditor shall remove from the master registration list:

(1) The names of persons identified as mentally incompetent in accordance with the information provided pursuant to this section or § 12-4-18 ;

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

(3) The names of deceased voters published in an obituary, reported by a county coroner, or recorded in the death records maintained as vital statistics records by the Department of Health; and

(4) The names of those who are not citizens of the United States.

Source: SL 2023, ch 44, § 18.
S.D. Codified Laws § 12-26-17 — SD Code / Title 12 / Chapter 26 / Section 12-26-17
Bribery or acceptance of bribe as infamous crime--Forfeiture of office
Status: in_force

Any person committing the offense of bribery of voters or receiving a bribe as specified in §§ 12-26-15 and 12-26-16 is guilty of an infamous crime, and any person convicted thereof shall, in addition to the criminal punishment, forfeit any office to which he may have been elected at the election at which such offense was committed.

Source: SL 1891, ch 58, § 7; RPenC 1903, § 64; RC 1919, § 3655; SDC 1939, § 13.0922; SL 1976, ch 105, § 75; SL 1982, ch 86, § 123.
S.D. Codified Laws § 12-4-10.1 — SD Code / Title 12 / Chapter 4 / Section 12-4-10.1
Registration lists furnished to federal court for jury selection--Return of lists to auditor
Status: in_force

Whenever so requested, the county auditor shall furnish to the clerk of the United States District Court for the district of South Dakota, at no cost to the county, the current precinct registration lists or certified copies thereof referred to in § 12-4-10 for all election precincts in the county whenever such lists are required by said clerk of the United States District Court in furtherance of a plan for random jury selection in the federal courts pursuant to 28 U.S.C. 1863 and other applicable federal statutes. Within thirty days after receipt of such precinct registration lists, the clerk of the United States District Court shall return the same to the county auditor.

Source: SL 1973, ch 81.
S.D. Codified Laws § 12-5-21 — SD Code / Title 12 / Chapter 5 / Section 12-5-21
Nomination of state candidates not nominated by primary--Presidential electors and national committee members
Status: in_force

In a year when the Governor is to be elected, the delegates selected to participate in the state convention shall nominate candidates for attorney general, secretary of state, state auditor, state treasurer, commissioner of school and public lands, and public utilities commissioner. In the years when a President of the United States is to be elected, the delegates shall nominate a candidate for public utilities commissioner, presidential electors, and national committeeman and national committeewoman of the party.

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 1965, ch 86; SL 1974, ch 118, § 35; SL 2025, ch 62, § 1.
S.D. Codified Laws § 12-5-18 — SD Code / Title 12 / Chapter 5 / Section 12-5-18
Voting by delegates to state convention
Status: in_force

At the state convention of a political party, each delegate shall vote the number of votes equal to his proportionate representation as to all delegates present from that county bears to the number of votes cast in his county at the last gubernatorial election for his party candidate for Governor.

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, § 32.
S.D. Codified Laws § 12-21-30 — SD Code / Title 12 / Chapter 21 / Section 12-21-30
Opening of segregated ballots involved in previous judicial proceedings--Court order to preserve rights
Status: in_force

When any such sealed ballots have been certified to any court in judicial proceedings, the court which has custody thereof shall, on application of such board or any person interested in a pending recount, make such order as may be necessary to permit a recount of such ballots, and to preserve the rights of all persons interested with regard to all questions and to safeguard the rights of the parties in the pending proceeding.

Source: SDC 1939, § 16.1833; SL 1974, ch 118, § 181.
S.D. Codified Laws § 12-19-7 — SD Code / Title 12 / Chapter 19 / Section 12-19-7
Marking and folding ballot--Officer before whom marked--Mailing or delivering ballot
Status: in_force

A voter voting an absentee ballot shall mark it and fold it without revealing the marks to any other person. The voter shall place the voted ballots in the return envelope provided and seal the envelope. The voter shall sign the statement on the return envelope. The voter shall return the ballot to the office of the person in charge of the election by:

(1) Mailing the ballot;

(2) Delivering the ballot in person; or

(3) Providing the ballot to an absentee ballot messenger to deliver the ballot in person as prescribed by this chapter.

Source: SL 1913, ch 200, § 2; SL 1917, ch 233, § 2; SL 1918 (SS), ch 45; RC 1919, § 7227; SL 1925, ch 159, § 2; SL 1929, ch 114, § 1; SDC 1939, § 16.0607; SL 1944 (SS), ch 2, § 5; SL 1953, ch 75, § 4; SL 1957, ch 85, § 5; SDC Supp 1960, § 16.0614; SL 1963, ch 110, § 2; SDCL, § 12-19-29; SL 1972, ch 90, § 2; SL 1974, ch 118, § 138; SL 1976, ch 105, § 64; SL 1983, ch 115; SL 1985, ch 115; SL 1992, ch 115, § 3; SL 2023, ch 51, § 7.
S.D. Codified Laws § 12-27-29.1 — SD Code / Title 12 / Chapter 27 / Section 12-27-29.1
Civil penalty for failure to timely file statement, amendment, or correction
Status: in_force

In addition to any other penalty or relief provided under this chapter, the secretary of state, may impose a civil penalty for the failure to timely file any statement, amendment, or correction required to be filed by this chapter. The civil penalty is two hundred dollars for each violation. If any violation is made by a county political party or auxiliary organization, the civil penalty is fifty dollars for each violation. Any civil penalty collected pursuant to this section shall be deposited into the state general fund.

Source: SL 2008, ch 67, § 10; SL 2009, ch 67, § 2; SL 2017, ch 222 (Initiated Measure 22), § 24, eff. Nov. 16, 2016; SL 2017, ch 72, § 23, eff. Feb. 2, 2017; SL 2017, ch 71, § 32.
S.D. Codified Laws § 12-14-13 — SD Code / Title 12 / Chapter 14 / Section 12-14-13
Display of flag at polling places at election
Status: in_force

The American flag shall be displayed inside or outside of all polling places within this state at each election.

Source: SL 1987, ch 122.
S.D. Codified Laws § 12-21-22 — SD Code / Title 12 / Chapter 21 / Section 12-21-22
Adjournment to permit combining separate recounts of same ballots
Status: in_force

Whenever a county recount board is required to make two or more different recounts of the same ballots, such board may, by written order, filed as a public record in the office of the county auditor, adjourn any recount, other than a recount of votes for presidential electors, so that all such recounts may be at the same time.

Source: SDC 1939, § 16.1833.
S.D. Codified Laws § 12-5-3.13 — SD Code / Title 12 / Chapter 5 / Section 12-5-3.13
Election of all delegates by slate receiving most votes
Status: in_force

In any election conducted under §§ 12-5-3.11 and 12-5-3.12 , the slate that receives the most votes shall elect all of its delegates and alternates on that slate.

Source: SL 1977, ch 107, § 8.
S.D. Codified Laws § 12-2-6 — SD Code / Title 12 / Chapter 2 / Section 12-2-6
Combined elections of governmental subdivisions
Status: in_force

The members of the governing body of any governmental subdivision may choose to hold their election in conjunction with any other governmental subdivision's election if the statutory dates for the election coincide. The combined election is subject to approval by all of the governing bodies involved in the combined election. Expenses of a combined election shall be shared in a manner agreed upon by the governing bodies involved in the combined election. All other governmental statutory responsibilities associated with the election shall be shared as agreed upon by the governing bodies.

Source: SL 1996, ch 60, § 7; SDCL 9-13-39.
S.D. Codified Laws § 12-27-29.2 — SD Code / Title 12 / Chapter 27 / Section 12-27-29.2
Order assessing penalty--Contents--Appeal--Termination of committee
Status: in_force

Any civil penalty imposed pursuant to § 12-27-29.1 shall be assessed against the violator by an order of the secretary of state. The order shall state the date and facts of each violation addressed under the penalty assessed and the citations to the provisions of each law alleged to be violated. The secretary of state shall serve the order and assessment by certified mail. The order shall contain a statement that the violator may appeal the order within thirty days after receipt of the order by filing a written request for a contested case hearing with the Office of Hearing Examiners. If no contested case hearing is requested within sixty days of service by certified mail, a civil penalty constitutes a judgment and may be executed by delivery of a true and correct copy certified by the secretary of state in the manner provided for the execution of money judgments provided in chapter 15-18 .

An appeal from the Office of Hearing Examiners to circuit court may be taken by the parties to the appeal and intervenors before the Office of Hearing Examiners. The appeal shall be taken and conducted pursuant to the provisions of chapter 1-26 . The venue of the appeal shall be in Hughes County.

If the secretary of state does not receive the payment of the penalty and the delinquent report within thirty-five days of the date of the order, the secretary of state may terminate that committee. If a committee is terminated, the secretary of state shall mail a termination letter to the last address on record for the treasurer.

Source: SL 2008, ch 67, § 11; SL 2016, ch 78, § 5; SL 2017, ch 71, § 33; SL 2020, ch 48, § 1.
S.D. Codified Laws § 12-3-5 — SD Code / Title 12 / Chapter 3 / Section 12-3-5
Time allowed employees from work to vote--Penalty and pay deduction prohibited--Violation as misdemeanor
Status: in_force

Any person entitled to vote at any election held within this state, including a primary election, shall, on the day of such election, be entitled to absent himself from any service or employment in which he is then engaged or employed for a period of two consecutive hours between the time of opening and the time of closing the polls; provided such person does not have a period of two consecutive hours during the time the polls are open during which he is not required to be present at his work or place of employment. Such voter is not, because of so absenting himself, liable to any penalty, nor may any deduction be made on account of such absence from his usual salary or wages. The employer may specify the hours during which such employee may absent himself as aforesaid.

An employer who refuses an employee the privilege conferred by this section or who subjects an employee to a penalty or reduction of wages because of the exercise of such privilege or who directly or indirectly violates this section is guilty of a Class 2 misdemeanor.

Source: SL 1897, ch 60, § 40; RPolC 1903, § 1924; RC 1919, § 7274; SL 1929, ch 118, § 20; SDC 1939, §§ 16.0202, 16.1211, 16.9922; SL 1945, ch 75; SL 1947, ch 87; SL 1955, ch 54; SL 1955, ch 57, § 1; SL 1968, ch 73, § 1; SL 1982, ch 86.
S.D. Codified Laws § 12-20-2 — SD Code / Title 12 / Chapter 20 / Section 12-20-2
Opening of ballot box--Sorting and counting of unopened ballots--Ballots folded together
Status: in_force

The box shall be opened and the ballots taken out, sorted so that all ballots on certain candidacies and issues are separately identified, and counted by the members of the precinct election board unopened, except to ascertain if each ballot is single. If two or more ballots are found folded together and present the appearance of a single ballot, the ballots shall be laid aside until the count of ballots is completed. Upon the comparison of the count with the pollbook and registration list, or in machine precincts, with the number of return envelopes from absentee voters, and the appearance of the ballots, if a majority of the members of the precinct election board are of the opinion that the ballots folded together were voted by one voter, the ballot shall be endorsed, duplicate ballot of one voter not counted. If the ballot count does not agree with the number of votes in the pollbook, a comparison of the voters in the pollbook and the registration list shall be made and the correction of any mistakes shall be made.

Source: SDC 1939, § 16.1701; SL 1974, ch 118, § 150; SL 1978, ch 102, § 1; SL 1993, ch 113, § 14; SL 1999, ch 69, § 40.
S.D. Codified Laws § 12-21-6 — SD Code / Title 12 / Chapter 21 / Section 12-21-6
Application of chapter
Status: in_force

Except in school and municipal elections and as provided in § 12-21-18 , the provisions of this chapter apply to the recount of ballots cast in any election conducted. The provisions of §§ 12-21-47 to 12-21-61 , inclusive, apply to all elections.

Source: SDC 1939, § 16.1801; SL 1974, ch 118, § 174; SL 1982, ch 134, § 5; SL 1984, ch 55, § 1; SL 2006, ch 28, § 6.
S.D. Codified Laws § 12-21-55 — SD Code / Title 12 / Chapter 21 / Section 12-21-55
Insufficient certification--Further certification required
Status: in_force

When any certification is insufficient to show adequately the proceedings had, the court may by order require further certification of records and proceedings.

Source: SDC 1939, § 16.1825.
S.D. Codified Laws § 12-27-39 — SD Code / Title 12 / Chapter 27 / Section 12-27-39
Application of campaign finance requirements
Status: in_force

The provisions of this chapter apply to each statewide office, legislative office, statewide ballot question, county offices and ballot questions in counties with population greater than ten thousand according to the most recent Federal census, ballot questions in first class municipalities, and school district offices and ballot questions in school districts with more than two thousand average daily membership. Any municipal or school district election covered by this chapter shall conform to the contribution limits applicable to legislative offices. This chapter does not apply to the unified judicial system, nor does this chapter apply to any township or special purpose district offices or ballot questions or elections for municipal offices. However, the governing body of any county, township, municipality, school district, or special purpose district not otherwise covered by this chapter may adopt an ordinance or resolution to make the provisions of this chapter, with or without amendments, applicable to county, township, municipal, school district, or special purpose district elections.

Source: SL 2007, ch 80, § 39; SL 2012, ch 86, § 1; SL 2016, ch 79, § 1; SL 2017, ch 71, § 39.
S.D. Codified Laws § 12-26-13 — SD Code / Title 12 / Chapter 26 / Section 12-26-13
Unlawful influence of employees' political activities or voting as misdemeanor--Forfeiture of corporate charter
Status: in_force

It is a Class 2 misdemeanor for any employer in paying his employees the salary or wages due them, to enclose their pay in "pay envelopes" upon which there is written or printed any political mottoes, devices, or arguments containing threats, express or implied, intended or calculated to influence the political opinions or actions of such employees.

It is a Class 2 misdemeanor for any employer, within ninety days of a general election, to put up or otherwise exhibit in his factory, mill, workshop, or other establishment or place where his employees may be working, any handbill or placard containing any threat, notice, or information that in case any particular tickets or candidate shall be elected, work in his place or establishment will cease in whole or in part, or that his establishment will be closed, or the wages of his workmen will be reduced, or other threats, express or implied, intended or calculated to influence the political opinion or the actions of his employees in voting.

Any corporation violating this section shall, upon proof thereof, forfeit its charter.

Source: SL 1891, ch 58, § 5; RPenC 1903, § 62; RC 1919, § 3653; SDC 1939, § 13.0914; SL 1982, ch 86, § 119.
S.D. Codified Laws § 12-19-1.3 — SD Code / Title 12 / Chapter 19 / Section 12-19-1.3
Prefilled absentee ballot application prohibited--Exceptions
Status: in_force

No person may distribute an absentee ballot application to a voter that is prefilled with the voter's name and registration address. This provision does not apply to a person who is authorized to request an absentee ballot for a voter or a person assisting a voter who requires assistance for reason of an inability to read or write, blindness, or other physical disability.

The person in charge of the election or their appointed designee may prefill an absentee ballot application for a voter who requests an application.

Source: SL 2023, ch 51, § 20.
S.D. Codified Laws § 12-4-4.2 — SD Code / Title 12 / Chapter 4 / Section 12-4-4.2
Uniformed Overseas Citizens Absentee Voting Act implemented
Status: in_force

Sections 12-4-4.2 to 12-4-4.9 , inclusive, implement the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq., as of January 1, 2023.

Source: SL 1977, ch 112, § 2; SL 1996, ch 95, § 1; SL 2023, ch 44, § 3.
S.D. Codified Laws § 12-22-20 — SD Code / Title 12 / Chapter 22 / Section 12-22-20
Certiorari to review recount as alternative remedy--Consolidation of proceedings
Status: in_force

Whenever any person entitled to commence certiorari proceedings to review any recount under chapter 12-21 also desires to institute a contest under §§ 12-22-1 to 12-22-28 , inclusive, he may resort to both remedies, and such remedies shall be deemed consistent and concurrent. The court may, in such a case, order the consolidation of such proceedings.

Source: SDC 1939, § 16.1912.
S.D. Codified Laws § 12-17B-19 — SD Code / Title 12 / Chapter 17B / Section 12-17B-19
Post-election audit--Payment of costs--Promulgation of rules
Status: in_force

The office of the secretary of state shall reimburse each county for the cost of any post-election audit required by §§ 12-17B-18 to 12-17B-25 , inclusive. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26 , administering the reimbursement process and defining reimbursable expenses and reimbursement rates for post-election audits.

Source: SL 2023, ch 50, § 2.
S.D. Codified Laws § 12-7-5 — SD Code / Title 12 / Chapter 7 / Section 12-7-5
Primary election candidate prohibited from filing as independent for same office in same year
Status: in_force

No person shall file a certificate of nomination pursuant to § 12-7-1 for an office for which he has been a candidate in the primary election of the same year.

Source: SL 1977, ch 110; SL 1980, ch 114.
S.D. Codified Laws § 12-18-7.4 — SD Code / Title 12 / Chapter 18 / Section 12-18-7.4
Affirmation of voter's address
Status: in_force

Any person whose name appears on the inactive registration list in the possession of the precinct superintendent may vote in any election following completion of an affirmation of the person's address in this state. If the voter has moved to a new address within the state, this affirmation shall serve as a new registration. The affirmation shall be prescribed by the State Board of Elections.

Source: SL 1994, ch 107, § 29.
S.D. Codified Laws § 12-6-4.1 — SD Code / Title 12 / Chapter 6 / Section 12-6-4.1
Earliest time for circulating petitions or 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; SL 2015, ch 77, § 4 rejected Nov. 8, 2016.
S.D. Codified Laws § 12-21-53 — SD Code / Title 12 / Chapter 21 / Section 12-21-53
Answer to petition for certiorari--Joint or several answer
Status: in_force

On or before the return day of the writ, the defendant must serve and file his answer to the petition, and if there are several defendants, they may answer jointly or severally, at their option. In the case of a proceeding involving a vote on a referred or submitted question, any officer or person, on whom the writ is served, may interpose an answer, or several such officers or persons may unite in a single answer.

Source: SDC 1939, § 16.1823.
S.D. Codified Laws § 12-16-39 — SD Code / Title 12 / Chapter 16 / Section 12-16-39
Tally sheets for candidates and submitted questions
Status: in_force

The tally sheets for candidates for public office and submitted questions shall be prescribed by the State Board of Elections.

Source: SL 1893, ch 82, § 3; RPolC 1903, § 1898; RC 1919, § 7246; SDC 1939, § 16.1109; SL 1961, ch 101, § 1; SL 1976, ch 105, § 48.
S.D. Codified Laws § 12-20-17 — SD Code / Title 12 / Chapter 20 / Section 12-20-17
Returns not disclosed until all polls in state closed
Status: in_force

No public disclosure of the returns of state and federal elections in any primary or general election is permitted until each precinct polling place in the state is closed. This provision applies to each precinct polling place within the state.

Source: SL 1959, ch 99, § 20; SDC Supp 1960, § 16.2220; SL 1981, ch 119, § 2; SL 2000, ch 71, § 2.
S.D. Codified Laws § 12-15-7 — SD Code / Title 12 / Chapter 15 / Section 12-15-7
Meetings of precinct officials for instruction on laws and duties--Compensation for attendance
Status: in_force

Prior to each general or primary election, each county auditor, assisted by the state's attorney, shall call together the superintendents from each of the precincts in the county, and any precinct deputy as the county auditor may deem appropriate, at some convenient time and place and instruct them on the election laws and the duties of the precinct superintendent and precinct deputies. Any person who is called to the meeting and who attends the meeting shall be paid a fee fixed by the board of county commissioners of not less than five dollars for attending the meeting.

Source: SL 1955, ch 59, §§ 1, 2; SDC Supp 1960, § 16.1013; SL 1961, ch 99, § 1; SL 1974, ch 118, § 65; SL 1975, ch 119, § 4; SL 1976, ch 105, § 36; SL 1990, ch 106; SL 1993, ch 118, § 3; SL 1999, ch 69, § 7.
S.D. Codified Laws § 12-20-39 — SD Code / Title 12 / Chapter 20 / Section 12-20-39
Election by plurality
Status: in_force

Except when otherwise specially provided in all elections for the choice of any officer, the person receiving the highest number of votes for any office shall be deemed to have been elected to that office.

Source: PolC 1877, ch 27, § 43; CL 1887, § 1482; RPolC 1903, § 1865; RC 1919, § 7212; SDC 1939, § 16.0603.
S.D. Codified Laws § 12-21-58 — SD Code / Title 12 / Chapter 21 / Section 12-21-58
Procedure as in other cases of certiorari
Status: in_force

Except as otherwise specifically provided and so far as applicable the practice and procedure shall be the same as in other cases of review on certiorari.

Source: SDC 1939, § 16.1827.
S.D. Codified Laws § 12-13-26.3 — SD Code / Title 12 / Chapter 13 / Section 12-13-26.3
Initiated measure--Single subject compliance--Secretary of state determination--Certification--Publication--Resubmission
Status: in_force

Upon receiving a proposal for an initiated measure, the secretary of state shall determine if the proposal embraces more than one subject, in violation of S.D. Const., Art. III, § 21.

If the secretary of state determines that the proposed initiated measure complies with the single subject requirement, the secretary of state must provide a written certification to the petition sponsor, the attorney general, and the director of the Legislative Research Council, stating that the proposed initiated measure embraces only one subject. The secretary of state shall publish on the secretary's website notice of this certification not more than fifteen working days following receipt of the proposed initiated measure.

The secretary of state may not certify the proposed initiated measure if the secretary of state determines that the proposed initiated measure embraces more than one subject in violation of S.D. Const., Art. III, § 21. If the secretary of state determines that the proposed initiated measure embraces more than one subject, the secretary of state must provide written notice to the petition sponsor explaining the reason that the proposed initiated measure was not certified. The secretary of state shall publish the notice on the secretary of state's website not more than fifteen working days following receipt of the proposed initiated measure.

The sponsor of a proposed initiated measure may amend the initiated measure in accordance with the secretary of state's explanation and may resubmit the amended initiated measure to the director of the Legislative Research Council for review under § 12-13-25 .

Source: SL 2025, ch 63, § 3.
S.D. Codified Laws § 12-5-25 — SD Code / Title 12 / Chapter 5 / Section 12-5-25
Nomination of candidates by political party with alternative political status--Primary election
Status: in_force

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

A candidate registered with a political party with an alternative political status may choose, if allowed by the party bylaws, to participate in a primary election by submitting a candidate petition no later than the last Tuesday of March in accordance with § 12-5-1.4 .

Source: SL 2018, ch 74, § 3, eff. Mar. 23, 2018.
S.D. Codified Laws § 12-16-2.1 — SD Code / Title 12 / Chapter 16 / Section 12-16-2.1
Colors for ballots
Status: in_force

The State Board of Elections shall, by rule adopted pursuant to chapter 1-26 , establish the color for sample and official ballots and of ballots to be voted in all elections so as to differentiate between the political, nonpolitical, party, and ballot question ballots. In primary elections, a separate ballot label booklet, marking device, and voting booth shall be used for each political party holding a primary.

Source: SL 1929, ch 118, § 12; SDC 1939, § 16.0218; SL 1961, ch 93, § 2; SDCL, § 12-6-15 ; SL 1971, ch 91; SL 1974, ch 118, § 71; SL 1993, ch 118, § 12; SL 1994, ch 110, § 2.
S.D. Codified Laws § 12-4-33 — SD Code / Title 12 / Chapter 4 / Section 12-4-33
Chief state election official
Status: in_force

The secretary of state is the chief state election official pursuant to section 10 of the National Voter Registration Act of 1993.

Source: SL 1994, ch 107, § 33.
S.D. Codified Laws § 12-20-46 — SD Code / Title 12 / Chapter 20 / Section 12-20-46
Composition of State Canvassing Board--Candidate disqualified from participation
Status: in_force

The Governor, or the Governor's designee, the chief justice of the Supreme Court, or the chief justice's designee, and the secretary of state, in the presence of the attorney general shall constitute a board of canvassers to canvass the returns of the votes for representatives in Congress, United States Senators, and for electors of President and vice president of the United States and all state officers, members of the State Legislature, constitutional amendments, initiated measures, and referred laws, but no member thereof shall take part in canvassing the votes for any office for which the member is a candidate.

Source: SL 1890, ch 84, §§ 3, 6; RPolC 1903, §§ 1948, 1951; RC 1919, §§ 7295, 7298; SL 1929, ch 117, § 3; SDC 1939, §§ 16.1716, 16.1720; SDCL, § 12-20-50; SL 1973, ch 76, § 5; SL 1981, ch 127; SL 2023, ch 3, § 28.
S.D. Codified Laws § 12-26-37 — SD Code / Title 12 / Chapter 26 / Section 12-26-37
Deepfake--Affirmative defense--Disclosure
Status: in_force

It is an affirmative defense for any action brought pursuant to §§ 12-26-32 to 12-26-37 , inclusive, that the deepfake includes a disclosure stating: "This (image/video/audio) has been manipulated or generated by artificial intelligence." For an image or video recording, the text of the disclosure must appear in a size that is easily readable by the average viewer and no smaller than the largest font size of other text appearing in the image or video recording. The disclosure must be superimposed over each deepfake. For an audio recording, the disclosure must be read in a clearly spoken manner and in a pitch that is easily heard by the average listener at the beginning and end of the audio recording.

Source: SL 2025, ch 68, § 6.
S.D. Codified Laws § 12-13-9.1 — SD Code / Title 12 / Chapter 13 / Section 12-13-9.1
Availability of attorney general's explanation of proposed questions
Status: in_force

The secretary of state shall, immediately upon delivery from the attorney general, make the attorney general's statement for each proposed amendment to the Constitution, each initiated measure, and each referred law available to any person upon request.

Source: SL 2006, ch 67, § 6; SL 2007, ch 77, § 2.
S.D. Codified Laws § 12-20-5 — SD Code / Title 12 / Chapter 20 / Section 12-20-5
Count of votes for candidates--Scrutiny of ballots by precinct deputies--Decisions on disputed ballots
Status: in_force

The votes for the several candidates shall be counted in the order in which the candidates occur upon the ballots. At least two precinct deputies, of opposite political parties, shall scrutinize each ballot with the precinct superintendent acting to break any tie vote of the two precinct deputies ruling on a ballot. As the vote is announced two precinct deputies shall make the mark required on the tally sheets.

Source: SDC 1939, § 16.1702; SL 1959, ch 97; SL 1974, ch 118, § 151; SL 1976, ch 105, § 69; SL 1993, ch 118, § 21; SL 1997, ch 81, § 9; SL 1999, ch 69, § 42.
S.D. Codified Laws § 12-19-52 — SD Code / Title 12 / Chapter 19 / Section 12-19-52
Electronic voting systems
Status: in_force

In those counties which have adopted an electronic voting system, counting shall be as prescribed in chapter 12-17B .

Source: SL 1976, ch 108, § 8.
S.D. Codified Laws § 12-21-47 — SD Code / Title 12 / Chapter 21 / Section 12-21-47
Persons entitled to certiorari for review of recount--Time of filing of petition
Status: in_force

Whenever any candidate is aggrieved by the final determination made as a result of any recount, he may have the proceedings of such recount board reviewed upon certiorari as provided by this chapter. Such review may also be obtained as to any submitted or referred question by any voter who was entitled to vote thereon, but only with the approval of the court in which such review is asked, or of a judge of such court, which approval must be endorsed upon the petition before it is filed. The petition for the writ must be filed within five days after the filing of the recount certificate with the secretary of state or county auditor.

Source: SDC 1939, § 16.1818; SL 1941, ch 81.
S.D. Codified Laws § 12-4-11 — SD Code / Title 12 / Chapter 4 / Section 12-4-11
Change of registration file on change in precinct boundaries
Status: in_force

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

Source: SL 1961, ch 92, § 6; SL 1970, ch 86, § 2; SL 1974, ch 118, § 15; SL 2002, ch 40, § 8.
S.D. Codified Laws § 12-13-28 — SD Code / Title 12 / Chapter 13 / Section 12-13-28
Employment and compensation of petition circulators
Status: in_force

No person may employ, reward, or compensate any person to circulate a petition for an initiated measure, referred law, or proposed amendment to the South Dakota Constitution based on the number of registered voters who signed the petition. Nothing in this section prohibits any person from employing a petition circulator based on one of the following practices:

(1) Paying an hourly wage or salary;

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

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

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

Any violation of this section is a Class 2 misdemeanor.

Source: SL 2007, ch 78, § 1.
S.D. Codified Laws § 12-21-48 — SD Code / Title 12 / Chapter 21 / Section 12-21-48
Original jurisdiction of certiorari proceedings
Status: in_force

Original jurisdiction of such certiorari proceeding shall be as follows:

(1) Where the same involves a submitted or referred question voted upon in more than one county, or the nomination or election of presidential electors, United States senator, representative in Congress, member of the Legislature, or any state or judicial officer, in the Supreme Court;

(2) In all other cases in a circuit court of a county which includes the locality where the election or some part thereof was conducted.

Source: SDC 1939, § 16.1819; SL 1982, ch 28, § 10.
S.D. Codified Laws § 12-27-33 — SD Code / Title 12 / Chapter 27 / Section 12-27-33
Sale and certain uses of information in statements or reports prohibited--Misdemeanor
Status: in_force

No information copied, or otherwise obtained, from any statement or report, or copy, reproduction, or publication thereof, filed with the secretary of state, county auditor, or other person in charge of conducting the election under this chapter may be sold or utilized by any person for any commercial purpose or for the purpose of soliciting contributions. Any 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, § 33; SL 2017, ch 71, § 36.
S.D. Codified Laws § 12-9-1 — SD Code / Title 12 / Chapter 9 / Section 12-9-1
Judicial officers nominated and elected in nonpolitical elections
Status: in_force

All candidates for the office of judge of the circuit court, and such other judicial officers as may be required by law to be elected, shall be nominated and voted for at the primary and general elections in the manner provided by this chapter and not otherwise.

Source: SL 1921, ch 224, § 1; SDC 1939, § 16.0301; SL 1974, ch 118, § 36; SL 1981, ch 164, § 1.
S.D. Codified Laws § 12-20-8 — SD Code / Title 12 / Chapter 20 / Section 12-20-8
Precinct superintendent and precinct deputies to record intention of voter
Status: in_force

The precinct superintendent and precinct deputies, in counting the votes, shall endeavor to record the intention of the voter. The precinct superintendent and precinct deputies shall then hold the intention of the voter to be to vote for the candidate or candidates before whose name the voter has placed a mark.

Source: SDC 1939, § 16.1205; SL 1974, ch 118, § 153; SL 1976, ch 105, § 70; SL 1997, ch 81, § 10; SL 1999, ch 69, § 43.
S.D. Codified Laws § 12-27-21 — SD Code / Title 12 / Chapter 27 / Section 12-27-21
Contribution or loan from public or foreign entity--Prohibition--Penalty
Status: in_force

A candidate or political committee may not accept any contribution or loan from:

(1) A state;

(2) A state agency;

(3) A political subdivision of a state;

(4) A foreign government;

(5) A foreign national, as defined in 52 U.S.C. § 30121(b) (January 1, 2026);

(6) A federal agency; or

(7) The federal government.

A violation of this section is a Class 1 misdemeanor. A subsequent offense within a calendar year is a Class 6 felony.

Source: SL 2007, ch 80, § 21; SL 2008, ch 68, § 1; SL 2017, ch 222 (Initiated Measure 22), § 20, eff. Nov. 16, 2016; SL 2017, ch 72, § 19, eff. Feb. 2, 2017; SL 2017, ch 71, § 21; SL 2020, ch 47, § 1; SL 2026, ch 75, § 1, eff. Mar. 11, 2026.
S.D. Codified Laws § 12-21-1 — SD Code / Title 12 / Chapter 21 / Section 12-21-1
Purpose of chapter--Liberal construction
Status: in_force

The intent of the provisions of this chapter is to procure a speedy and correct determination of the true and actual count of all ballots cast at an election, which ballots are valid on their face, and all provisions of this chapter shall be liberally construed to that end.

Source: SDC 1939, § 16.1801.
S.D. Codified Laws § 12-2-5 — SD Code / Title 12 / Chapter 2 / Section 12-2-5
Elections of governmental subdivision held in conjunction with June primary election
Status: in_force

Any other provision of law notwithstanding, the members of the governing body of any governmental subdivision may choose to hold their elections in conjunction with the regular June primary election. The combined election is subject to approval by the county commissions of the counties in which the governmental subdivision is located. Expenses of a combined election shall be shared in a manner agreed upon by the governing body of the subdivision and the county commissions involved. All other governmental responsibilities associated with holding elections under the provisions for that subdivision and Title 12 shall be shared as agreed upon by the governing bodies. The governmental subdivision clerk shall publish the notice of vacancy between February fifteenth and March first. No nominating petition may be circulated for signatures until March first. Nominating petitions shall be filed under the provisions required for that subdivision by the last Tuesday in March. The clerk shall certify to the appropriate county auditor the candidate names and ballot language to be voted on by the first Thursday after the last Tuesday in March.

Source: SL 1996, ch 60, § 6; SDCL 9-13-38 ; SL 2007, ch 81, § 4.
S.D. Codified Laws § 12-6-14 — SD Code / Title 12 / Chapter 6 / Section 12-6-14
Form of official primary ballot prescribed by state board
Status: in_force

The form of the official primary election ballot shall be prescribed by the State Board of Elections.

Source: SL 1929, ch 118, § 9; SDC 1939, § 16.0215; SL 1963, ch 107, § 3; SL 1976, ch 105, § 19.
S.D. Codified Laws § 12-13-26.1 — SD Code / Title 12 / Chapter 13 / Section 12-13-26.1
Initiated or proposed constitutional amendment--Single subject or revision determination by secretary of state--Certification
Status: in_force

Upon receiving a proposal for an amendment to the Constitution, whether initiated by petition or proposed by a joint resolution of the Legislature, the secretary of state shall determine if the proposal embraces more than one subject in violation of S.D. Const., Art. XXIII, § 1, and if it is a revision under S.D. Const., Art. XXIII, § 2.

If the secretary of state determines that the proposal complies with the single subject requirement and is not a revision, the secretary of state shall provide written certification to the sponsors, the attorney general, and the director of the Legislative Research Council that the proposal embraces only one subject and would be an amendment to the Constitution under S.D. Const., Art. XXIII, § 1, if approved by the voters. The secretary of state shall publish on the secretary of state's website notice of this certification not more than fifteen working days following receipt of the proposal.

The secretary of state may not certify the proposal if it embraces more than one subject in violation of S.D. Const., Art. XXIII, § 1. The secretary of state may not certify the proposal if it is a revision under S.D. Const., Art. XXIII, § 2. If the secretary of state determines that the proposal embraces more than one subject or is a revision, the secretary of state shall provide written notice to the sponsors explaining the reason the proposal is not certified and shall publish the notice on the secretary of state's website, not more than fifteen working days following receipt of the proposal. The sponsors of an initiated amendment may amend the initiated amendment to the Constitution in accordance with the secretary of state's explanation and resubmit the amended initiated amendment to the Constitution to the director of the Legislative Research Council for review under § 12-13-25 .

For purposes of this section, the sponsors of a constitutional amendment proposed by a joint resolution of the Legislature are the presiding officers of the Legislature.

Source: SL 2021, ch 64, § 3, eff. Mar. 18, 2021; SL 2023, ch 48, § 1.
S.D. Codified Laws § 12-1-5 — SD Code / Title 12 / Chapter 1 / Section 12-1-5
State board created--Members--Terms--Vacancies--Oath
Status: in_force

There is created a State Board of Elections to be composed of seven members, one of whom shall be the secretary of state who is chairman. Two of the members shall be county auditors appointed by the Speaker of the House of Representatives from a list of nominees supplied by the county auditors meeting at the South Dakota Association of County Officials. The auditors appointed by the Speaker of the House of Representatives shall be of different political party registration. One auditor appointed in 1991 shall be appointed for a two - year term and one shall be appointed for a four - year term. All appointments of auditors after 1991 shall be for four years. One member of the board shall be appointed by each of the following officers: the democratic leader of the Senate, the democratic leader of the House of Representatives, the republican leader of the Senate and the republican leader of the House of Representatives. Appointments to the board shall be as follows: the appointee of the democratic leader of the House of Representatives, 1980 and each fourth year thereafter; the appointee of the republican leader of the Senate, 1981 and each fourth year thereafter; the appointee of the republican leader of the House of Representatives, 1982 and each fourth year thereafter; the appointee of the democratic leader of the Senate, 1983 and each fourth year thereafter. After the appointments made in 1979, the terms of all appointed members of the board, except auditors, shall be for four years. All appointments to the board are to be made by January thirty - first of each year. Vacancies on the board shall be filled in the same manner as the original appointments were made. All appointed members of the board shall file with the secretary of state an oath in the form prescribed by § 3-1-5 .

Source: SL 1974, ch 117, §§ 1, 2; SL 1978, ch 93, § 1; SL 1982, ch 124; SL 1989, ch 126.
S.D. Codified Laws § 12-22-8 — SD Code / Title 12 / Chapter 22 / Section 12-22-8
Summons and complaint to commence contest
Status: in_force

Such contest shall be deemed commenced upon the filing with the clerk of the court of a summons and complaint, which complaint shall be duly verified, and set forth a concise statement of the facts on which the contest is based. The summons shall be in the same form as the summons in a civil action, except that the time for answer shall be specified as within ten days after the service, unless the court shorten such time, as provided by § 12-22-10 , in which event the time fixed by the court shall be specified.

Source: SDC 1939, § 16.1906.
S.D. Codified Laws § 12-25-29 — SD Code / Title 12 / Chapter 25 / Section 12-25-29
Statements by convention nominees for state office--Violation as petty offense or misdemeanor
Status: in_force

Any candidate for lieutenant governor, state treasurer, attorney general, secretary of state, state auditor, public utilities commissioner, or commissioner of school and public lands shall file a statement of financial interest with the secretary of state not more than fifteen days after the candidate's nomination is certified. A violation of this section is a petty offense. Any intentional violation of this section is a Class 2 misdemeanor.

Source: SL 1974, ch 121, § 3; SL 1975, ch 125, § 23; SL 1979, ch 108, § 6; SL 1982, ch 86, § 108; SL 2017, ch 23, § 4.
S.D. Codified Laws § 12-22-34 — SD Code / Title 12 / Chapter 22 / Section 12-22-34
Elections to which primary contest law applies
Status: in_force

The judgment of the court shall be final, and the provisions of §§ 12-22-29 to 12-22-35 , inclusive, shall, so far as applicable, apply to contests of nominations and elections by primary election.

Source: SL 1937, ch 123; SDC 1939, § 16.0239.
S.D. Codified Laws § 12-20-13.1 — SD Code / Title 12 / Chapter 20 / Section 12-20-13.1
Means of counting provisional ballots--Appointment of officials
Status: in_force

The person in charge of the election shall decide if the provisional ballots are to be counted by hand or by automated tabulating equipment. If a decision is made to count the ballots by hand, a provisional ballot counting board shall be appointed as provided in § 12-15-1 . If the provisional ballots are to be counted by automated tabulating equipment, a resolution board and tabulation machine operators shall be appointed as provided in chapter 12-17B .

Source: SL 2003, ch 83, § 5; SL 2006, ch 28, § 3.
S.D. Codified Laws § 12-1-15 — SD Code / Title 12 / Chapter 1 / Section 12-1-15
Notification of candidate or sponsor if petition declared invalid
Status: in_force

The person in charge of the election shall immediately notify by certified mail any candidate whose nominating petition or any primary sponsor whose referendum or initiative petition is rejected and declared invalid in accordance with §§ 12-1-13 and 12-1-14 .

Source: SL 1999, ch 70, § 3.
S.D. Codified Laws § 12-26-7 — SD Code / Title 12 / Chapter 26 / Section 12-26-7
Impersonation of registered voter--Penalty
Status: in_force

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

(1) Impersonates a registered voter; and

(2) Votes or offers to vote at any election held in this state.

Source: PenC 1877, § 71; CL 1887, § 6271; RPolC 1903, § 2034; RPenC 1903, § 76; RC 1919, § 3663; SDC 1939, § 13.0906; SL 1973, ch 79, § 2; SL 1982, ch 86, § 114; SL 2025, ch 59, § 4.
S.D. Codified Laws § 12-27-34 — SD Code / Title 12 / Chapter 27 / Section 12-27-34
Intentionally false or misleading statements prohibited--Felony
Status: in_force

Any person who intentionally makes any false, fraudulent, or misleading statement or entry in any statement of organization, campaign finance disclosure statement, other statement, or amendment filed pursuant to this chapter is guilty of a Class 5 felony.

Source: SL 2007, ch 80, § 34.
S.D. Codified Laws § 12-26-22 — SD Code / Title 12 / Chapter 26 / Section 12-26-22
Disturbance of election proceedings as misdemeanor
Status: in_force

No person may cause any disturbance or breach of the peace, or engage in disorderly conduct in violation of § 22-18-35 , or use threats of violence, whereby an election is impeded or hindered, or whereby the lawful proceedings of the precinct superintendent or precinct deputies, ballot counters, or canvassers of an election, in the discharge of the person's duty, are interfered with. A violation of this section is a Class 2 misdemeanor.

Source: SDC 1939, § 13.0924; SL 1982, ch 86, § 126; SL 1993, ch 118, § 29; SL 1999, ch 69, § 50.
S.D. Codified Laws § 12-1-22 — SD Code / Title 12 / Chapter 1 / Section 12-1-22
Arbitration of complaints under Help America Vote Act--Appointment of arbitrator--Time for resolution
Status: in_force

If the State Board of Elections does not resolve the complaint within ninety days of filing, the complainant may ask the circuit court for alternative dispute resolution by appointing an impartial third party to serve as an arbitrator to resolve the dispute. The arbitrator shall resolve the dispute within sixty days.

Source: SL 2003, ch 83, § 17; SDCL, § 12-4-43 .
S.D. Codified Laws § 12-15-1 — SD Code / Title 12 / Chapter 15 / Section 12-15-1
Appointment by county auditor of precinct election officials--Names submitted by parties
Status: in_force

The county auditor shall, not less than twenty days before any election, appoint a precinct superintendent and two precinct deputies who shall constitute the precinct election board and a precinct superintendent and two precinct deputies of the counting board if the board is appointed pursuant to § 12-15-14 or 12-15-14.1 for each of the voting precincts or vote centers of the county. Additional precinct deputies may be appointed in increments of two. The county auditor shall make the appointments from lists of names submitted by the county central committee of each party. If the county auditor fails to receive the list at least forty-five days prior to an election, the county auditor shall make the appointments.

Source: SDC 1939, §§ 16.1001, 16.1005; SL 1961, ch 98; SDCL § 12-18-1 ; SL 1972, ch 82, § 6; SL 1972, ch 85, § 1; SL 1974, ch 118, § 64; SL 1975, ch 119, § 1; SL 1976, ch 105, § 32; SL 1977, ch 68, § 9; SL 1983, ch 108, § 2; SL 1985, ch 111, § 1; SL 1987, ch 123; SL 1989, ch 129; SL 1993, ch 112, § 1; SL 1993, ch 118, § 1; SL 1999, ch 69, § 3; SL 2012, ch 84, § 2, eff. Feb. 23, 2012.
S.D. Codified Laws § 12-13-9 — SD Code / Title 12 / Chapter 13 / Section 12-13-9
Constitutional amendment proposed by Legislature or referred law--Attorney general's statement--Contents--Ballot language
Status: in_force

The attorney general shall deliver a statement for each amendment to the South Dakota Constitution proposed by the Legislature and referred law from an odd year to the secretary of state before the third Tuesday in May, in the year of the election. The attorney general shall deliver a statement for each referred law from an even year to the secretary of state before the second Tuesday in July, in the year of the election. The attorney general's statement must be written by the attorney general and must consist of:

(1) The title of the proposed amendment to the constitution or referred law;

(2) A disclosure indicating that the amendment was proposed by the Legislature or the law was referred after enactment by the Legislature;

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

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

(b) Describes the legal consequences of the proposed amendment to the constitution or referred law, including any likely exposure of the state to liability if the proposed amendment to the constitution or referred law is adopted; and

(4) A recitation:

(a) For a proposed amendment to the constitution, stating "Vote 'Yes' to adopt the amendment" and "Vote 'No' to leave the Constitution as it is"; or

(b) For a referred law, stating "Vote 'Yes' to allow the Act of the Legislature to become law" and "Vote 'No' to reject the Act of the Legislature".

The explanation may not exceed two hundred words in length.

On the printed ballots, the title of the proposed amendment to the constitution or referred law must be followed by the disclosure, the attorney general's explanation, the most recent fiscal note prepared pursuant to § 2-9-32 or 2-9-30.2 , and the recitation. The title, disclosure, explanation, fiscal note, and recitation must be printed on the ballot in the order provided by this section.

Source: SL 1915, ch 181, § 1; RC 1919, § 7216; SL 1921, ch 219; SDC 1939, § 16.1302; SL 1959, ch 99, § 15; SDC Supp 1960, § 16.2215; SDCL §§ 12-13-10, 12-13-12; SL 1971, ch 90, §§ 1, 2; SL 1974, ch 118, § 58; SL 1976, ch 105, § 30; SL 1979, ch 97, § 4; SL 1994, ch 108, § 8; SL 2006, ch 67, § 3; SL 2007, ch 14, § 2; SL 2007, ch 77, § 1; SL 2009, ch 64, § 10, eff. July 1, 2010; SL 2013, ch 101, § 74; SL 2017, ch 16, § 5; SL 2018, ch 77, § 2; SL 2025, ch 21, § 3; SL 2026, ch 70, § 1.
S.D. Codified Laws § 12-18-32 — SD Code / Title 12 / Chapter 18 / Section 12-18-32
Packaging and return of unused ballots--Record accounting for ballots
Status: in_force

All ballots which have not been distributed to voters, excluding those marked "spoiled and replaced" separately enclosed, together with a record of ballots stating the number of ballots voted, the number of ballots spoiled and replaced, and the number of ballots not delivered to voters, shall be placed in a parcel separate from the ballot box and returned to the auditor along with the ballot boxes.

Source: SL 1897, ch 60, § 33; RPolC 1903, § 1922; RC 1919, § 7272; SDC 1939, § 16.1208; SL 1974, ch 118, § 132.
S.D. Codified Laws § 12-27-15 — SD Code / Title 12 / Chapter 27 / Section 12-27-15
Political communications to contain certain language--Exceptions--Violation as misdemeanor
Status: in_force

Any printed material or communication made, purchased, paid for, or authorized by a candidate or political committee that disseminates information concerning a candidate, public office holder, ballot question, or political party shall prominently display or clearly speak the statement: "Paid for by (name of candidate or political committee)." This section does not apply to buttons, balloons, pins, pens, matchbooks, clothing, or similar small items upon which the inclusion of the statement would be impracticable. 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, § 15; SL 2017, ch 222 (Initiated Measure 22), § 15, eff. Nov. 16, 2016; SL 2017, ch 72, § 14, eff. Feb. 2, 2017; SL 2017, ch 71, § 14.
S.D. Codified Laws § 12-26-30 — SD Code / Title 12 / Chapter 26 / Section 12-26-30
Irregularities in proceedings not a defense
Status: in_force

Irregularities or defects in the mode of noticing, convening, holding, or conducting an election authorized by law, form no defense to a prosecution for a violation of the provisions of this chapter.

Source: PenC 1877, § 91; CL 1887, § 6291; RPenC 1903, § 96; RC 1919, § 3680; SDC 1939, § 13.0903.
S.D. Codified Laws § 12-27-10.5 — SD Code / Title 12 / Chapter 27 / Section 12-27-10.5
Limit on loans--Candidate or political committee
Status: in_force

A candidate or political committee may not accept a loan from a person if the principal of which, or any combination of the principal and contributions made by the person, exceeds the limit to the amount of money that the candidate or political committee may accept as a contribution pursuant to §§ 12-27-7 to 12-27-10 , inclusive. Any loan made by a person to a candidate or political committee must be counted toward the amount that the person may contribute, as an individual or entity, to a candidate or political committee pursuant to §§ 12-27-7 to 12-27-10 , inclusive.

Source: SL 2025, ch 69, § 1.
S.D. Codified Laws § 12-13-27 — SD Code / Title 12 / Chapter 13 / Section 12-13-27
Special elections for constitutional amendments--Procedural changes--Reimbursement of costs
Status: in_force

Notwithstanding any other provision of law, the Legislature may set a date for a special election for a statewide vote on any constitutional amendment proposed by the Legislature, pursuant to S.D. Const., Art. XXIII, §§ 1 and 3, and may provide in its resolution proposing such constitutional amendment an accompanying procedure, that may alter the time requirements but not the substantive provisions, of this chapter. The state shall reimburse each county for any costs incurred as a result of this section.

Source: SL 2000 (SS), ch 2, § 1.
S.D. Codified Laws § 12-2-8 — SD Code / Title 12 / Chapter 2 / Section 12-2-8
Postponement of election for weather conditions
Status: in_force

No earlier than twenty-four hours before the polls open, the person in charge of the election may call a special emergency meeting, pursuant to §§ 1-25-1 and 1-25-1.1 , of the local governing board to postpone any election, except a primary or general election, for one week if the weather conditions put into question the opening of a polling place. The polling place shall then remain open for the same number of hours as it would normally have been open. Absentee voting shall continue pursuant to chapter 12-19 .

Source: SL 2014, ch 70, § 2, eff. Feb. 19, 2014.
S.D. Codified Laws § 12-21-7 — SD Code / Title 12 / Chapter 21 / Section 12-21-7
Conditions under which recount made
Status: in_force

Such recount shall be made under any of the conditions described in §§ 12-21-8 to 12-21-15 , inclusive.

Source: SDC 1939, § 16.1803.
S.D. Codified Laws § 12-4-58 — SD Code / Title 12 / Chapter 4 / Section 12-4-58
Voter registration challenge--Disqualified or deceased--Deadline
Status: in_force

The secretary of state, a county auditor, or any individual registered as a voter of this state may file an application for the correction of any precinct registration list or to challenge the right to vote of any registered voter not later than the thirtieth day before the day of a primary, runoff, special, or general election. The application for correction filed pursuant to this section may only challenge whether the individual:

(1) Is disqualified from voting, pursuant to § 12-4-18 ; or

(2) Is deceased.

Source: SL 2025, ch 61, § 1.
S.D. Codified Laws § 12-2-9 — SD Code / Title 12 / Chapter 2 / Section 12-2-9
Notification to voters of postponement of election
Status: in_force

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

Source: SL 2014, ch 70, § 3, eff. Feb. 19, 2014.
S.D. Codified Laws § 12-22-16 — SD Code / Title 12 / Chapter 22 / Section 12-22-16
Answer to present all defenses--Admission of matters not denied--Affirmative defense
Status: in_force

No pleading to the complaint, other than an answer, shall be permitted, and all defenses of fact or law must be presented in such answer. Any matters alleged in the complaint and not denied shall be deemed admitted, but the court may, in its discretion, require that such admitted matters be nevertheless shown by competent evidence. The answer may also set forth matter in the nature of an affirmative defense.

Source: SDC 1939, § 16.1908.
S.D. Codified Laws § 12-4-59 — SD Code / Title 12 / Chapter 4 / Section 12-4-59
Voter registration challenge--Nonresident, noncitizen, or voter in another state--Deadline
Status: in_force

An application for the correction of any precinct registration list or to challenge the right to vote of any registered voter may be filed by the secretary of state, the auditor of the county where the challenged voter is registered, or any other individual who is registered as a voter in the same county where the challenged voter is registered, not later than the ninetieth day before the day of a primary, runoff, special, or general election. The application for correction filed pursuant to this section may challenge only whether a voter:

(1) Has voted or has registered to vote in another state;

(2) Is a resident of this state, as defined in § 12-1-4 ; or

(3) Is a United States citizen.

Source: SL 2025, ch 61, § 2; SL 2026, ch 67, § 1.
S.D. Codified Laws § 12-17B-13.1 — SD Code / Title 12 / Chapter 17B / Section 12-17B-13.1
Operation of automatic tabulating equipment--Return of ballots--Out-stacking of ballots
Status: in_force

If automatic tabulating equipment is located at a polling place for processing ballots while the polls are open, the equipment may not be operated in a manner which returns an over-voted or partially under-voted ballot to the voter. The equipment shall be operated in a manner which returns any ballot that appears to the tabulating equipment to be blank or has any possible mark which the tabulating equipment cannot determine. If the ballot is returned to the voter, the voter may choose to remark the ballot, obtain a new ballot, or resubmit the ballot.

Any central count automatic tabulating equipment shall contain the capability to out-stack ballots and shall be operated in a manner to out-stack any ballot which appears to the tabulating equipment to be blank or has any possible mark which the tabulating equipment cannot determine. If the ballot contains any such mark, the resolution board shall examine the mark and make a determination of any individual vote according to the rules promulgated pursuant to chapter 1-26 by the state board of elections. The resolution board shall make a duplicate ballot as prescribed in § 12-17B-14 which shall be counted by the automatic tabulating equipment.

Source: SL 2002, ch 75, § 3; SL 2008, ch 34, § 13.
S.D. Codified Laws § 12-27-29.4 — SD Code / Title 12 / Chapter 27 / Section 12-27-29.4
Repeated failure to perform duty--Additional penalty--Referral for prosecution
Status: in_force

In addition to any penalty that may be imposed on a person pursuant to § 12-27-29.1 , if the secretary of state finds that any person has failed to perform any duty imposed on that person by this chapter, that person may be assessed an additional penalty not to exceed two hundred fifty dollars. The secretary of state may refer repeated violations of any duty required under this chapter for prosecution by a state's attorney or the attorney general.

Source: SL 2017, ch 73, § 1.
S.D. Codified Laws § 12-22-29 — SD Code / Title 12 / Chapter 22 / Section 12-22-29
Candidate's right to contest primary election--Filing of complaint--Circuit court jurisdiction
Status: in_force

Any candidate for nomination to any elective office, or for election to any party position, whose name appears on the official primary election ballot of any political party may contest the primary election as to the office or position for which he was a candidate for nomination or election, by filing with the clerk of the circuit court for the county in which his nominating petition was filed, a complaint in writing within ten days after the returns have been canvassed by the county canvassing board or boards, setting forth the grounds of his contest, which complaint shall be verified by the complainant. The complainant shall give security for all costs. Authority and jurisdiction are hereby vested in the circuit court to hear and determine such contests.

Source: SL 1937, ch 123; SDC 1939, § 16.0239.
S.D. Codified Laws § 12-27-16.1 — SD Code / Title 12 / Chapter 27 / Section 12-27-16.1
Statements and disclaimers regarding independent communication expenditures--Control by candidate or political committee--Violation as misdemeanor
Status: in_force

Any political committee, entity, or person that makes a communication clearly identifying a candidate, public office holder, ballot question, or political committee, other than an independent communication expenditure that is not controlled by, coordinated with, requested by, or made upon consultation with that candidate, political committee, or agent of a candidate or political committee, shall append to or include in each communication a disclaimer that:

(1) Identifies the political committee, entity, or person making the communication; and

(2) States the address or website address, if applicable, of the political committee, entity, or person.

If the communication is an independent expenditure made by a person or entity, then the disclaimer shall include the following: "This communication is independently funded and not made in consultation with any candidate, political party, or political committee." If the independent expenditure is undertaken by an entity not including a candidate, public office holder, political party, or political committee, then the following notation must also be included: "Top Five Contributors," including a listing of the names of the five persons making the largest contributions to an entity during the twelve months preceding that communication. Any person or entity making a communication under this section has the same reporting requirements as § 12-27-16 . Any political committee making a communication under this section shall include each communication as an expenditure on the campaign finance disclosure report.

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

Source: SL 2017, ch 72, § 17, eff. Feb. 2, 2017; SL 2017, ch 71, § 17.
S.D. Codified Laws § 12-4-1 — SD Code / Title 12 / Chapter 4 / Section 12-4-1
Persons entitled to register--Precinct--Resident of federal area
Status: in_force

An individual is entitled to register as a voter of this state if the individual:

(1) Is a citizen of the United States and has provided sufficient evidence, as set forth in § 12-4-1.4 , to demonstrate the individual's citizenship;

(2) Is a resident, as defined in § 12-1-4 , of the precinct in which the individual is registering as a voter;

(3) On or before the next election, is at least eighteen years of age; and

(4) Is not otherwise disqualified from voting.

An individual eligible to vote may vote only in the election precinct where the individual is a resident.

An individual who is a resident of a place that is within the boundaries of this state, which has been ceded to or acquired by the federal government, may not be denied the right to vote in any election held in the precinct where the individual is a resident if the individual is otherwise qualified to vote in the election.

Source: SL 1961, ch 92, § 2; SL 1972, ch 76, § 2; SL 1974, ch 118, § 3; SL 2023, ch 42, § 3; SL 2023, ch 44, § 1; SL 2025, ch 57, § 2; SL 2026, ch 63, § 1, eff. Mar. 26, 2026.
S.D. Codified Laws § 12-13-25 — SD Code / Title 12 / Chapter 13 / Section 12-13-25
Review and comment--Legislative Research Council--Opinion
Status: in_force

The sponsors of each initiated measure or initiated amendment to the Constitution shall submit a copy of each version of the initiated measure or initiated amendment to the Constitution to the director of the Legislative Research Council for review and comment not more than six months before it may be circulated for signatures under § 2-1-1.1 or 2-1-1.2 . The director shall review each version of the submitted initiated measure or initiated amendment to the Constitution to determine if the requirements of § 12-13-24 are satisfied and if the initiated measure or initiated amendment to the Constitution may have any impact on revenues, expenditures, or fiscal liability of the state or its agencies and subdivisions.

Unless as otherwise provided under § 12-13-25.2 , not more than fifteen workdays following receipt of an initiated measure or initiated amendment to the Constitution, the director shall provide written comments on the initiated measure or initiated amendment to the Constitution to the sponsors of the initiated measure or initiated amendment, the attorney general, and the secretary of state for the purpose of assisting the sponsors in complying with § 12-13-24 . The director's written comments under this section shall include assistance regarding the substantive content of the initiated measure or initiated amendment in order to minimize any conflict with existing law and to ensure the measure's or amendment's effective administration.

The director must provide, with the written comments, a written opinion to the sponsors, the attorney general, and the secretary of state as to:

(1) If an initiated measure, whether the initiated measure embraces only one subject under S.D. Const., Art. III, § 21; or

(2) If an initiated amendment, whether the initiated amendment:

(a) Embraces only one subject under S.D. Const., Art. XXIII, § 1; and

(b) Is an amendment under S.D. Const., Art. XXIII, § 1 or a revision under S.D. Const., Art. XXIII, § 2.

The sponsors may, but are not required to, amend the initiated measure or initiated amendment to the Constitution to comply with the director's comments.

Source: SL 1994, ch 109, § 2; SL 2007, ch 14, § 3; SL 2009, ch 64, § 1, eff. July 1, 2010; SL 2017, ch 16, § 4; SL 2018, ch 78, § 1; SL 2018, ch 79, § 1; SL 2020, ch 46, § 1; SL 2021, ch 64, § 1, eff. Mar. 18, 2021; SL 2025, ch 63, § 1.
S.D. Codified Laws § 12-11-5 — SD Code / Title 12 / Chapter 11 / Section 12-11-5
Special election to fill senate vacancy
Status: in_force

The special election to fill the vacancy of a senator shall be held at the same time as the next general election. The general election laws shall apply unless inconsistent with this chapter.

Source: SL 1979, ch 99, § 2.
S.D. Codified Laws § 12-22-25 — SD Code / Title 12 / Chapter 22 / Section 12-22-25
Right of appeal to Supreme Court--Expediting proceedings in Supreme Court--Combining with appeal from certiorari to review recount
Status: in_force

An appeal may be taken from the judgment of the circuit court the same as in other civil proceedings, but within the time, and subject to the same conditions, as specified in subdivisions 12-21-61(1), (2), (3), and (4), relating to appeals in certiorari proceedings to review recounts. An appeal from a judgment rendered under the provisions of §§ 12-22-1 to 12-22-28 , inclusive, and an appeal from a judgment in such certiorari proceeding, may be combined into one appeal, and if taken separately may be consolidated by order of the Supreme Court.

Source: SDC 1939, § 16.1916.
S.D. Codified Laws § 12-16-3.1 — SD Code / Title 12 / Chapter 16 / Section 12-16-3.1
Order of party columns
Status: in_force

If more than one political party qualifies for the general election, the position of each party's candidates on the ballot shall be determined by drawing of lots by the secretary of state at the same time and in the same manner as prescribed for candidates in § 12-16-8 . Representatives of the parties may be present when the arrangement is determined. On paper ballots, the first party name drawn shall be placed in the left-hand column, the second party name drawn shall be placed in the next column, and each succeeding party name drawn shall be placed on the ballot in the order drawn. On direct recording electronic screens, on electronic ballot marking system screens, and on optical scan ballots, the candidate names shall appear in the order in which their party name was drawn.

Source: SL 1984, ch 107, § 2; SL 1994, ch 110, § 3; SL 1997, ch 81, § 2; SL 2005, ch 92, § 1.
S.D. Codified Laws § 12-20-35 — SD Code / Title 12 / Chapter 20 / Section 12-20-35
Returns not refused for irregularity--Certificate issued to candidate with most votes
Status: in_force

No election returns shall be refused by any officer for the reason that the same may be returned or delivered to him in any other than the manner directed in this chapter, nor shall he refuse to include any returns in his estimate of votes for any informality in holding an election or making returns thereof; but all returns shall be received and the votes canvassed by such officer, and a certificate given to the person or persons who may by such returns have the greatest number of votes.

Source: PolC 1877, ch 27, § 41; CL 1887, § 1480; RPolC 1903, § 1934; RC 1919, § 7283; SDC 1939, § 16.1711; SL 1974, ch 118, § 165.
S.D. Codified Laws § 12-19-33 — SD Code / Title 12 / Chapter 19 / Section 12-19-33
Failure to deliver or tampering with ballot as felony
Status: in_force

Any person who, having procured an official ballot or ballots for another, intentionally fails to deliver the ballots to the voter or who intentionally fails to deliver the return envelope with ballots contained therein to the proper officer, or who tampers with the envelope or ballots is guilty of a Class 6 felony.

Source: SL 1944 (SS), ch 2, § 12; SDC Supp 1960, § 16.9929; SL 1974, ch 118, § 144; SL 1982, ch 86, § 89; SL 1983, ch 116, § 2.
S.D. Codified Laws § 12-22-10 — SD Code / Title 12 / Chapter 22 / Section 12-22-10
Court orders to expedite proceedings
Status: in_force

Whenever it shall appear that substantial rights may be lost or impaired by delay, the court may, at any time after the contest is commenced, upon application of any party, and upon reasonable notice to the other party or parties, make such order or orders as the court deems necessary to bring about the expeditious and just determination of the contest, including the shortening of the time for answer, the time, manner, and method of taking depositions, reference to a referee or referees, including power to appoint different referees for different purposes, and directing that when feasible the taking of evidence on depositions or before referees may proceed simultaneously, safeguarding the right of each party to be represented, if he so desires, in all such proceedings.

Source: SDC 1939, § 16.1907.
S.D. Codified Laws § 12-5-3.15 — SD Code / Title 12 / Chapter 5 / Section 12-5-3.15
State board to adopt rules
Status: in_force

The State Board of Elections may adopt rules pursuant to chapter 1-26 to implement §§ 12-5-3.6 to 12-5-3.14 , inclusive.

Source: SL 1977, ch 107, § 9.
S.D. Codified Laws § 12-13-26 — SD Code / Title 12 / Chapter 13 / Section 12-13-26
Unreviewed initiatives or initiated amendments unacceptable--Uncertified initiated amendments unacceptable
Status: in_force

The secretary of state may not accept any initiative or initiated amendment to the Constitution unless such initiative or initiated amendment to the Constitution has been submitted to the director of the Legislative Research Council and the director has reviewed and commented on such initiative or initiated amendment to the Constitution, and unless the attorney general has filed the title and explanation of the initiative or initiated amendment to the Constitution with the secretary of state. The secretary of state may not accept any initiated amendment to the Constitution that is not certified pursuant to § 12-13-26.1.

Source: SL 1994, ch 109, § 3; SL 2009, ch 64, § 3, eff. July 1, 2010; SL 2021, ch 64, § 2, eff. Mar. 18, 2021.
S.D. Codified Laws § 12-26-23 — SD Code / Title 12 / Chapter 26 / Section 12-26-23
Tampering with ballots, ballot box, or poll list as felony
Status: in_force

A person who intentionally breaks, destroys, steals, or conceals any ballot box or any poll list used or intended to be used at any election, or who, before the ballots have been counted or canvassed, or during the time within which a contest or recount may be instituted or is pending and undisposed of, shall intentionally deface, change, injure, destroy, steal, or conceal any ballot or ballots which have been voted and deposited in any ballot box at an election, is guilty of a Class 6 felony.

Source: PenC 1877, § 83; CL 1887, § 6283; RPenC 1903, § 88; RC 1919, § 3675; SL 1923, ch 179; SDC 1939, § 13.0925; SL 1982, ch 86, § 127.
S.D. Codified Laws § 12-4-5.5 — SD Code / Title 12 / Chapter 4 / Section 12-4-5.5
Verification of driver license or social security information--Promulgation of rules
Status: in_force

At the time voter registration information is transmitted from a county to the statewide voter registration file, the secretary of state shall verify the authenticity of the driver license number or the South Dakota nondriver identification number with the driver license database. If the last four digits of the person's social security number have been provided, the secretary of state shall review the social security database to determine that the number, name, and date of birth are accurate and that this information belongs to the person. If any of this information is reported as not being accurate, the county auditor must withdraw the voter registration and attempt to get the correct information with the process provided in § 12-4-5.3 . The State Board of Elections shall promulgate rules, pursuant to chapter 1-26 , determining technical parameters for the driver license and social security database verification.

Source: SL 2003, ch 83, § 12; SL 2005, ch 89, § 2; SL 2020, ch 49, § 2; SL 2023, ch 44, § 7.
S.D. Codified Laws § 12-7-6 — SD Code / Title 12 / Chapter 7 / Section 12-7-6
Candidates for Legislature required to reside in district of candidacy
Status: in_force

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

Source: SL 1990, ch 105, § 2.
S.D. Codified Laws § 12-4-9.3 — SD Code / Title 12 / Chapter 4 / Section 12-4-9.3
Voter registration records not open to public inspection
Status: in_force

Any personally identifiable information contained in the statewide or county master registration file is not available to the public if the information pertains to:

(1) A current or retired state or federal court judge or justice; and

(2) A law enforcement officer, as defined in § 22-1-2 .

The Unified Judicial System shall coordinate with the United States Eighth Circuit Court of Appeals and the United States District Court for the District of South Dakota to provide the secretary of state with a list of individuals whose personally identifiable information is not open to public inspection, pursuant to subdivision (1). The director of the Division of Criminal Investigation shall provide the secretary of state with a list of the law enforcement officers for purposes of subdivision (2).

For purposes of this section, "personally identifiable information" means any home address, home or personal telephone number, or personal e-mail address. The city and county where the official is a resident is a public record.

A violation of this section does not create a private right of action.

Source: SL 2022, ch 11, § 4, eff. Feb. 14, 2022; SL 2026, ch 64, § 3.
S.D. Codified Laws § 12-18-6.2 — SD Code / Title 12 / Chapter 18 / Section 12-18-6.2
Affidavit in lieu of personal identification
Status: in_force

If a voter is not able to present a form of personal identification as required by § 12-18-6.1 , the voter may complete an affidavit in lieu of the personal identification. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26 , prescribing the form of the affidavit. The affidavit shall require the voter to provide his or her name and address. The voter shall sign the affidavit under penalty of perjury.

Source: SL 2003, ch 82, § 2.
S.D. Codified Laws § 12-22-4 — SD Code / Title 12 / Chapter 22 / Section 12-22-4
Electoral candidates' and party chairman's right to institute contest of presidential election
Status: in_force

Such contest may be instituted, in the case of a presidential elector, by any one or more of a group of candidates for election as such electors, or by the chairman of the State Central Committee of any political party, which had on the ballot candidates duly nominated for such position.

Source: SDC 1939, § 16.1902 (3).
S.D. Codified Laws § 12-17B-10 — SD Code / Title 12 / Chapter 17B / Section 12-17B-10
Direction of proceedings at counting location--Open to public
Status: in_force

All proceedings at the counting location shall be under the direction of the person in charge of the election and shall conform to the requirements of the voting system. The proceedings shall be open to the public. No person, who is not employed or authorized for the purpose, may touch any ballot, ballot box, or equipment used in the return of the ballots to the counting location or the tabulation process.

Source: SL 1994, ch 110, § 14.
S.D. Codified Laws § 12-26-28 — SD Code / Title 12 / Chapter 26 / Section 12-26-28
Offenses relating to election on submitted question
Status: in_force

Every act which by the provisions of this chapter is made criminal when committed with reference to the election of a candidate is equally criminal when committed with reference to the determination of a question submitted to voters to be decided by votes cast at an election.

Source: PenC 1877, § 93; CL 1887, § 6293; RPenC 1903, § 98; RC 1919, § 3682; SDC 1939, § 13.0901.
S.D. Codified Laws § 12-26-27 — SD Code / Title 12 / Chapter 26 / Section 12-26-27
Bribery of election official as misdemeanor
Status: in_force

A person who gives or offers a bribe to any precinct superintendent, precinct deputy, canvasser, or other officer of an election as a consideration for doing or omitting to do any act in violation of the person's official duty in relation to such election, is guilty of a Class 2 misdemeanor.

Source: SDC 1939, § 13.0929; SL 1982, ch 86, § 130; SL 1999, ch 69, § 53.
S.D. Codified Laws § 12-16-20 — SD Code / Title 12 / Chapter 16 / Section 12-16-20
Delivery of unbroken package to election board--Receipts
Status: in_force

The precinct superintendent or precinct deputy receiving the package of ballots shall at the opening of the polls on election day cause the same to be delivered with the seal unbroken to the election board of the election precinct. The precinct superintendent or precinct deputy shall receive a receipt from a member of the precinct board and shall return the receipt to the county auditor with the election returns.

Source: SDC 1939, § 16.1103; SL 1961, ch 100; SL 1999, ch 69, § 15.
S.D. Codified Laws § 12-26-16 — SD Code / Title 12 / Chapter 26 / Section 12-26-16
Acceptance of bribe by voter as misdemeanor--Acts constituting acceptance of bribe
Status: in_force

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

(1) To receive, agree, or contract for, before or during any election, any money, gift, loan, or other valuable consideration, offer, place, or employment for himself or any other person, for voting or agreeing to vote, or for going or agreeing to go to the polls, or for remaining away or agreeing to remain away from the polls at any such election;

(2) To receive any money or other valuable thing during or after an election, for himself or any other person for having voted or refrained from voting at such election, or on account of himself or any other person having voted or refrained from voting for any particular person at such election, or on account of himself or any other person having gone to the polls or remained away from the polls at such election, or on account of having induced any other person to vote or refrain from voting, for any particular person at such election.

Source: SL 1891, ch 58, § 2; RPenC 1903, § 57; RC 1919, § 3649; SDC 1939, § 13.0921; SL 1982, ch 86, § 122.
S.D. Codified Laws § 12-27-35 — SD Code / Title 12 / Chapter 27 / Section 12-27-35
Investigation and prosecution of violations by attorney general--Civil actions
Status: in_force

The attorney general shall investigate and prosecute any violation of the provisions of this chapter relating to a legislative office, statewide office, or political committee and prosecute any violation thereof. In lieu of bringing a criminal action, the attorney general may elect to file a civil action. In a civil action, in addition to other relief, the court may impose a civil penalty in an amount not to exceed ten thousand dollars for each violation. Any civil penalty recovered shall be paid to the state general fund. A civil action brought by the attorney general shall be commenced in Hughes County or in the county where the person resides.

Source: SL 2007, ch 80, § 35; SL 2008, ch 67, § 14; SL 2017, ch 222 (Initiated Measure 22), § 25, eff. Nov. 16, 2016; SL 2017, ch 72, § 24, eff. Feb. 2, 2017; SL 2017, ch 71, § 37; SL 2018, ch 84, § 10.
S.D. Codified Laws § 12-27-12 — SD Code / Title 12 / Chapter 27 / Section 12-27-12
Disguised contributions prohibited--Misdemeanor
Status: in_force

No person or entity may make a contribution in the name of another person or entity, make a contribution disguised as a gift, make a contribution in a fictitious name, make a contribution on behalf of another person or entity, or knowingly permit another to use that person's or entity's name to make a contribution. No candidate may knowingly accept a contribution disguised as a gift. 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, § 12; SL 2008, ch 67, § 5; SL 2017, ch 222 (Initiated Measure 22), § 13, eff. Nov. 16, 2016; SL 2017, ch 72, § 12, eff. Feb. 2, 2017; SL 2017, ch 71, § 12.
S.D. Codified Laws § 12-20-47 — SD Code / Title 12 / Chapter 20 / Section 12-20-47
Time of convening of state canvassers--Adjournment to obtain late returns
Status: in_force

Within seven days after the day of election, the Board of State Canvassers shall open and examine the returns from each county. However, if the returns from each county have not been received, the board may adjourn, not exceeding ten days, for the purpose of obtaining the returns from each county. The board shall proceed with the canvass after the returns have been received from each county.

Source: SDC 1939, § 16.1717; SL 1971; ch 86, § 3; SL 1985, ch 110, § 1B; SL 1999, ch 72, § 4.
S.D. Codified Laws § 12-4-61 — SD Code / Title 12 / Chapter 4 / Section 12-4-61
Voter registration challenge--Auditor duties--Verification request--Hearing--Voter cancellation--Limitation--Promulgation of rules
Status: in_force

If a county auditor receives an application for correction, pursuant to § 12-4-60 , and, after researching the voter, determines the affidavit raises a valid challenge, the auditor must send a verification request to the voter named in the application. The verification request must be sent by forwardable mail in compliance with the National Voter Registration Act, 52 U.S.C. §§ 20501 to 20511, inclusive (January 1, 2025).

The verification request must be returned to the auditor within thirty days of the postmark date and must include documentation sufficient to demonstrate the voter's qualifications as a registered voter. The voter named in the application may request a hearing before the county auditor to demonstrate the voter's qualifications as a registered voter.

The county auditor must cancel a voter's registration if the voter:

(1) Fails to produce documentation sufficient to demonstrate the voter's qualifications; and

(2) Has not voted or appeared to vote in an election during the period between:

(a) The date that the verification request was sent; and

(b) The day after the first general election following the date of the verification request.

The county auditor may not cancel the voter registration of an individual challenged pursuant to § 12-4-59 , within the ninety days immediately prior to the date of an election.

The State Board of Elections shall promulgate rules, pursuant to chapter 1-26 , establishing the process by which a county auditor must research a registered voter to establish the validity of a challenge.

Source: SL 2025, ch 61, § 4.
S.D. Codified Laws § 12-18-3.1 — SD Code / Title 12 / Chapter 18 / Section 12-18-3.1
Simulated elections--Access to polling place--Impartiality required--Notice to county auditor
Status: in_force

Minors voting in a simulated election and persons supervising or working in a simulated election in which minors vote shall be allowed in a polling place. All activities associated with a simulated election are subject to the provisions of § 12-18-3 , and all such activities shall be conducted in an objective, impartial, and nonpartisan manner that does not promote one candidate, party, or position over another. Any such activity shall afford any legally qualified candidate for any public office the opportunity to participate in the activity equal to the opportunity afforded to any other candidate for that office. A ballot used in a simulated election held pursuant to this section shall be labeled in such a manner as to easily distinguish such ballot. No results from a simulated election for minors may be released prior to the close of the polls. The superintendent of the election board shall exercise authority over all election and simulated election related activities at the polling place. Anyone conducting a simulated election for minors at a polling place shall notify the county auditor in that county at least thirty days prior to the election. If approved by the county commissioners, a county may participate in a simulated election pursuant to this section.

Source: SL 1992, ch 114; SL 1999, ch 75, § 1.
S.D. Codified Laws § 12-18-9.2 — SD Code / Title 12 / Chapter 18 / Section 12-18-9.2
Removal of unauthorized material and disobedient persons--Arrest authorized
Status: in_force

Each election officer and all law enforcement officers shall remove materials in violation of § 12-18-3 and disobedient persons in violation of § 12-18-9.1 and arrest any person so interfering with the conduct of the election.

Source: SL 1897, ch 60, § 39; RPolC 1903, § 1923; RC 1919, § 7273; SL 1921, ch 222, § 1; SDC 1939, §§ 16.1209, 16.9920; SDCL, §§ 12-18-3 , 12-18-9.1 ; SL 1972, ch 85, § 2; SL 1974, ch 118, § 115; SL 1982, ch 86, § 86.
S.D. Codified Laws § 12-1-25 — SD Code / Title 12 / Chapter 1 / Section 12-1-25
Depositions permitted by arbitrators--Compelling testimony
Status: in_force

On application of either party and for use as evidence, the arbitrator may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrator, of a witness who cannot be subpoenaed or is unable to attend the hearing. Any provision of law compelling a person under subpoena to testify is applicable.

Source: SL 2003, ch 83, § 20; SDCL, § 12-4-46 .
S.D. Codified Laws § 12-1-17 — SD Code / Title 12 / Chapter 1 / Section 12-1-17
Computation of time allowed for election notice or filing
Status: in_force

In computing any period of time prescribed or allowed for an election notice or filing, the day of the act or event from which the designated period of time begins to run is not included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until 5:00 p.m. on the next day which is not a Saturday, a Sunday, or a legal holiday. If the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.

Source: SL 2002, ch 70, § 1.
S.D. Codified Laws § 12-19-38 — SD Code / Title 12 / Chapter 19 / Section 12-19-38
Appointment of absentee ballot counting board--Number of members
Status: in_force

The county auditor shall appoint the absentee ballot counting board in the manner prescribed in chapter 12-15 , except that the number of election officials on the absentee ballot counting board shall be sufficient to complete the counting of ballots within a reasonable time.

Source: SL 1976, ch 108, § 2.
S.D. Codified Laws § 12-6-50 — SD Code / Title 12 / Chapter 6 / Section 12-6-50
Nomination by plurality at primary
Status: in_force

Any candidate for a party nomination to public office, who receives the highest number of votes cast by the voters of his party for the office for which he is a candidate, shall be declared the nominee of his party.

Source: SL 1929, ch 118, § 39; SDC 1939, § 16.0234.
S.D. Codified Laws § 12-14-17 — SD Code / Title 12 / Chapter 14 / Section 12-14-17
Vote centers
Status: in_force

Notwithstanding any other law, a jurisdiction may conduct an election using vote centers in accordance with this section. The election shall be conducted in accordance with all applicable election laws and rules other than:

(1) The jurisdiction may use vote centers that allow voters in the jurisdiction to vote at any of the vote centers in lieu of establishing precincts and wards for the election;

(2) Any person who is registered to vote and living in the jurisdiction may be appointed as a polling place superintendent or deputy to any of the vote centers;

(3) Secure, encrypted electronic pollbooks shall be used in lieu of paper registration books;

(4) The entire jurisdiction is designated as one voting precinct for the election; and

(5) Any jurisdiction that uses vote centers shall provide a printed paper voter registration list and a printed and bound paper pollbook to each vote center prior to the opening of the polls.

Source: SL 2012, ch 84, § 1, eff. Feb. 23, 2012; SL 2016, ch 77, § 2; SL 2019, ch 75, § 1.
S.D. Codified Laws § 12-26-10 — SD Code / Title 12 / Chapter 26 / Section 12-26-10
Threats or intimidation to prevent public assembly of electors as misdemeanor--Hindering attendance at meeting
Status: in_force

A person who by threats, intimidation, or unlawful force or violence, intentionally hinders or prevents voters from assembling in a public meeting for considering of public questions, or who hinders or prevents any individual voter from attending any such meeting, is guilty of a Class 2 misdemeanor.

Source: PenC 1877, §§ 75, 76; CL 1887, §§ 6275, 6276; RPenC 1903, §§ 80, 81; RC 1919, §§ 3667, 3668; SDC 1939, § 13.0915; SL 1982, ch 86, § 116.
S.D. Codified Laws § 12-19-2.5 — SD Code / Title 12 / Chapter 19 / Section 12-19-2.5
Form of application, envelope--Promulgation of rules
Status: in_force

The State Board of Elections shall promulgate rules, pursuant to chapter 1-26 , to prescribe the absentee application form and a combined absentee ballot application form and return envelope for absentee voting in the office of the person in charge of the election. The application may be made by letter or upon any form containing the required information or upon any form prescribed by the State Board of Elections or the postcard form referred to in § 12-4-8.1 , executed by any person authorized in accordance with the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq., as of January 1, 2023.

Source: SL 2006, ch 72, § 2; SL 2023, ch 51, § 4.
S.D. Codified Laws § 12-21-9 — SD Code / Title 12 / Chapter 21 / Section 12-21-9
Extended time for filing additional precinct recount petitions
Status: in_force

When as to any candidate or any submitted or referred question a petition or petitions are filed under § 12-21-8 as to any particular precinct or precincts within a county, similar petitions as to the same question or candidate may be filed within three days thereafter as to another precinct or precincts within the county, even though the specified period of ten days from the election expires within such three days. But such three - day extension shall only apply as from the filing of the first petition as to any such candidate or any such question.

Source: SDC 1939, § 16.1803 (1).
S.D. Codified Laws § 12-22-15 — SD Code / Title 12 / Chapter 22 / Section 12-22-15
Service of summons and complaint in contest on submitted question--Intervention
Status: in_force

In a contest as to a submitted or referred question voted upon in more than one county, the summons and complaint must be served on the attorney general. In other cases involving a submitted or referred question, the court shall, upon filing the complaint, direct by order the service upon such persons or officials as the court believes might be interested in resisting the relief sought. Any person on whom such complaint is served may answer the complaint, and shall thereafter be deemed a party. After commencement of a contest involving a submitted or referred question, any voter who was entitled to vote on such question may be permitted to intervene as a party plaintiff or defendant.

Source: SDC 1939, § 16.1910.
S.D. Codified Laws § 12-21-24 — SD Code / Title 12 / Chapter 21 / Section 12-21-24
Materials to be provided to recount board--Determination as to whether ballot countable
Status: in_force

The county auditor shall provide the pollbooks, automatic tabulating system election night print outs, sealed ballot boxes, any provisional ballots which were determined countable pursuant to § 12-20-13.2 , any uncounted provisional ballots, and any unopened absentee ballot envelopes to the recount board. The recount board is authorized to make a determination whether any provisional ballots or absentee ballots which were determined not to be countable, shall be counted, and those votes shall be added to the recount tally.

Source: SDC 1939, § 16.1810; SL 2010, ch 74, § 22.
S.D. Codified Laws § 12-27-36 — SD Code / Title 12 / Chapter 27 / Section 12-27-36
Access to records by attorney general--Violation as misdemeanor
Status: in_force

The attorney general may, for the purpose of enforcing the provisions of this chapter, inspect or examine any political committee records required to be maintained by this chapter. Any person having charge, control, or possession of political committee records who neglects or refuses the attorney general reasonable access to any records required to be maintained by this chapter that are necessary to enforce the provisions of this chapter is guilty of a Class 2 misdemeanor. A subsequent offense within a calendar year is a Class 1 misdemeanor.

Source: SL 2007, ch 80, § 36; SL 2017, ch 222 (Initiated Measure 22), § 26, eff. Nov. 16, 2016; SL 2017, ch 72, § 25, eff. Feb. 2, 2017; SL 2017, ch 71, § 38.
S.D. Codified Laws § 12-3-9 — SD Code / Title 12 / Chapter 3 / Section 12-3-9
Sioux dialects defined as historically unwritten
Status: in_force

The Legislature finds that the Lakota, Nakota, and Dakota dialects of the Sioux language are "historically" unwritten languages and are defined as such by the provisions of Public Law 94-73.

Source: SL 1976, ch 104, § 2.
S.D. Codified Laws § 12-17B-17 — SD Code / Title 12 / Chapter 17B / Section 12-17B-17
Promulgation of rules
Status: in_force

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

(1) The criteria and procedure for approving voting systems pursuant to this chapter;

(2) Notices and forms;

(3) Test procedures; and

(4) The arrangement and conduct of voting, absentee voting, tabulating, preparing returns, and recounts.

Source: SL 1994, ch 110, § 21.
S.D. Codified Laws § 12-5-8 — SD Code / Title 12 / Chapter 5 / Section 12-5-8
Primary election ballot--Precinct committeeman and committeewoman
Status: in_force

The county auditor shall include on the official ballot for a primary election the name of each candidate for precinct committeeman or precinct committeewoman, in the manner prescribed by the State Board of Elections.

Source: SL 1929, ch 118, § 10; SL 1931, ch 146; SL 1937, ch 120, § 3; SDC 1939, § 16.0216; SL 1965, ch 84; SL 1972, ch 79, § 3; SL 1976, ch 105, § 13; SL 2026, ch 69, § 1, eff. Mar. 5, 2026.
S.D. Codified Laws § 12-21-57 — SD Code / Title 12 / Chapter 21 / Section 12-21-57
Scope of review on certiorari--Correction of errors
Status: in_force

In such proceedings the court may review completely all of the proceedings had relative to such recount as shown by such certifications, and correct any errors made in the determination of questions as to validity of ballots, and in computation of returns, and any errors which may be manifest from such certifications.

Source: SDC 1939, § 16.1826.
S.D. Codified Laws § 12-20-13.4 — SD Code / Title 12 / Chapter 20 / Section 12-20-13.4
Counting provisional ballots--Notice
Status: in_force

Within ten days after the official county canvass each person voting by provisional ballot shall be sent by the person in charge of the election a notice advising whether the provisional ballot was counted. The notice shall be prescribed by the State Board of Elections.

Source: SL 2003, ch 83, § 8.
S.D. Codified Laws § 12-6-52 — SD Code / Title 12 / Chapter 6 / Section 12-6-52
Party officials elected by plurality at primary
Status: in_force

Any candidate for party precinct committeeman, or committeewoman, or delegate to the state convention, who received the highest number of votes, shall be declared elected to the office for which he is a candidate.

Source: SL 1929, ch 118, § 39; SDC 1939, § 16.0234; SL 1963, ch 107, § 4; SL 1973, ch 73, § 1.
S.D. Codified Laws § 12-3-7 — SD Code / Title 12 / Chapter 3 / Section 12-3-7
Proceedings to exempt county from Voting Rights Amendments
Status: in_force

The state's attorney of any affected county is hereby authorized to bring appropriate proceedings, pursuant to Public Law 94-73, to exempt the entire county from the provisions of that act.

Source: SL 1976, ch 104, § 7.
S.D. Codified Laws § 12-14-9 — SD Code / Title 12 / Chapter 14 / Section 12-14-9
Location of polling places
Status: in_force

Polling places shall be selected with reference to the convenience of the voters in the various election precincts, and should be as near the center of the election precincts as practicable but if in their judgment the convenience of the voters will be served thereby or if communication can be thereby made available, the polling place may be located outside the boundaries of the precinct.

Source: SL 1911, ch 146; SL 1913, ch 204, § 1; SL 1915, ch 184, § 1; SL 1918 (SS), ch 47; RC 1919, § 7231; SL 1919, ch 186, § 2; SL 1933, ch 103, § 2; SL 1935, ch 110, § 2; SDC 1939, § 16.0801 (6); SL 1959, ch 94; SL 1967, ch 73; SL 1968, ch 80; SL 1970, ch 89; SL 1974, ch 118, § 63.
S.D. Codified Laws § 12-18-24 — SD Code / Title 12 / Chapter 18 / Section 12-18-24
Replacement of spoiled ballots--Marking and preservation
Status: in_force

If any voter spoils a ballot, the voter may obtain another ballot, and so on, successively, not to exceed three ballots in all, upon returning to a member of the precinct election board the spoiled ballot. In obtaining a ballot to replace a spoiled one, the name of the voter shall be given and the number of the spoiled ballot. The number shall be noted opposite of the voter's name as spoiled. The ballots that are returned shall be canceled by writing the words, spoiled and replaced, across the face of the ballot and each spoiled ballot shall be placed in a separate envelope identifying the spoiled ballots as such and stating the number of spoiled ballots for accounting purposes.

Source: SDC 1939, § 16.1208; SL 1974, ch 118, § 127; SL 1999, ch 69, § 34.
S.D. Codified Laws § 12-22-28 — SD Code / Title 12 / Chapter 22 / Section 12-22-28
Public funds not used for legislative contest
Status: in_force

No payment shall be made or authorized by the Legislature out of its contingent fund or from public funds to either party to a contested election, for expenses incurred in prosecuting or defending any contest.

Source: PolC 1877, ch 47, § 22; CL 1887, § 1523; RPolC 1903, § 2022; RC 1919, § 7364; SDC 1939, § 16.1919.
S.D. Codified Laws § 12-15-1.3 — SD Code / Title 12 / Chapter 15 / Section 12-15-1.3
Precinct assistant--Appointment--Duties
Status: in_force

In addition to the precinct election board, the person in charge of the election may appoint a person to be designated as the precinct assistant. The precinct superintendent shall prescribe the duties and conduct of the precinct assistant. The precinct assistant may not perform any of the duties of the precinct superintendent or precinct deputies unless specified by statute. The precinct assistant may assist with setting up the polling place, directing voters to the proper election board, and providing instruction on the use of the electronic ballot marking system.

Source: SL 2006, ch 70, § 5.
S.D. Codified Laws § 12-15-11 — SD Code / Title 12 / Chapter 15 / Section 12-15-11
Fee paid precinct superintendent and precinct deputy--Mileage for returning pollbooks and ballot boxes
Status: in_force

Each precinct superintendent and precinct deputy shall receive a fee to be established annually by resolution of the board of county commissioners at its first regular meeting each year. The person delivering the pollbooks and ballot boxes to the proper authority at the county seat shall receive the county rate for mileage as established pursuant to § 7-7-24 , for miles necessarily traveled in going to and returning from making the delivery.

Source: SDC 1939, § 16.1710; SL 1943, ch 74; SL 1947, ch 85, § 1; SL 1955, ch 54, § 6; SL 1959, ch 99, § 17; SDC Supp 1960, § 16.2217; SL 1963, ch 117, § 3; SL 1965, ch 89; SL 1965, ch 92; SL 1967, ch 74; SDCL, §§ 12-15-12 , 12-15-16; SL 1968, ch 85; SL 1969, ch 84; SL 1974, ch 118, § 67; SL 1976, ch 105, § 38; SL 1987, ch 124, § 1; SL 1993, ch 118, § 6; SL 1999, ch 69, § 10.
S.D. Codified Laws § 12-22-35 — SD Code / Title 12 / Chapter 22 / Section 12-22-35
Supreme Court jurisdiction of primary contests for state office
Status: in_force

Where the nominating petitions have been filed with the secretary of state, a contest affecting such candidates shall be brought in and determined by the Supreme Court in the same manner.

Source: SL 1937, ch 123; SDC 1939, § 16.0239.
S.D. Codified Laws § 12-27-10 — SD Code / Title 12 / Chapter 27 / Section 12-27-10
Limits on contributions to political party--Violation as misdemeanor
Status: in_force

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

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

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

(3) Without limit from a political action committee;

(4) Without limit from a political party; 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, § 10; SL 2017, ch 222 (Initiated Measure 22), § 8, eff. Nov. 16, 2016; SL 2017, ch 72, § 7, eff. Feb. 2, 2017; SL 2017, ch 71, § 10; SL 2018, ch 85, § 4; SL 2019, ch 77, § 4.
S.D. Codified Laws § 12-19-32 — SD Code / Title 12 / Chapter 19 / Section 12-19-32
Ballot not invalidated by federal censorship
Status: in_force

The exercise of the right of censorship by the federal authorities upon the marked ballot while same is in transit in the mail, shall not invalidate the ballot or be cause for its rejection.

Source: SL 1944 (SS), ch 2, § 8; SDC Supp 1960, § 16.0617.
S.D. Codified Laws § 12-4-19.2 — SD Code / Title 12 / Chapter 4 / Section 12-4-19.2
Placement in inactive registration file--Grounds
Status: in_force

The county auditor must move the voter to an inactive registration file if:

(1) The voter does not return the confirmation mailing by the deadline stated on the mailing; or

(2) The confirmation mailing is returned to the auditor as undeliverable.

Source: SL 1975, ch 120, § 3; SL 1976, ch 105, § 10; SL 1992, ch 107, § 4; SL 1994, ch 107, § 22; SL 2002, ch 40, § 11; SL 2026, ch 65, § 2, eff. Dec. 1, 2026.If the card is not returned to the county auditor within the stated time limit or is undeliverable, the county auditor shall move the voter to an inactive registration file.

Source: SL 1975, ch 120, § 3; SL 1976, ch 105, § 10; SL 1992, ch 107, § 4; SL 1994, ch 107, § 22; SL 2002, ch 40, § 11.
S.D. Codified Laws § 12-14-4 — SD Code / Title 12 / Chapter 14 / Section 12-14-4
Adjustment in size of precincts--Unreasonable waiting time
Status: in_force

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

Source: SDC 1939, § 16.0801 (1); SL 1959, ch 94; SL 1968, ch 78; SL 1974, ch 118, § 62; SL 1976, ch 105, § 31; SL 1996, ch 94, § 3.
S.D. Codified Laws § 12-19-9.2 — SD Code / Title 12 / Chapter 19 / Section 12-19-9.2
Disqualifying factors--Marking and return of ballot before poll opening
Status: in_force

If, prior to the casting of absentee ballots, it is made to appear by due proof to the county auditor or election board that any voter who has marked and forwarded an absentee ballot is no longer eligible to vote due to death, felony conviction, or mental incompetence prior to the opening of the polls on the date of the election, the ballot of the voter must be returned in the sealed return envelope with the evidence of the disqualifying factor listed in this section attached and the envelope marked accordingly with one of the following statements:

(1) Unopened by reason of death of voter;

(2) Unopened by reason of felony conviction of voter; or

(3) Unopened by reason of mental incompetence of voter.

The marked envelope must be returned to the officer in charge of the conduct of the election. A returned absentee ballot deemed ineligible may not be opened or counted. The casting of any such ballot shall not invalidate the election.

Source: SL 1974, ch 118, § 142; SL 2023, ch 51, § 11.
S.D. Codified Laws § 12-4-37.1 — SD Code / Title 12 / Chapter 4 / Section 12-4-37.1
Statewide voter registration file--Historical archive--Availability--Nonpublic information
Status: in_force

The secretary of state shall establish and maintain a rolling five-year historical archive of the complete statewide voter registration file, including the weekly post of the statewide voter registration file, published by the secretary pursuant to § 12-4-37 . The secretary shall publish and maintain the rolling five-year historical archive on the secretary's website before 11:59 p.m. central time each Monday.

The information contained in the historical archive of the statewide voter registration file must be made available free of charge.

An individual's social security number, driver license number, South Dakota nondriver identification number, and month and day of birth contained in the historical archive of the statewide voter registration file are not open to public inspection. Any home address, home or personal telephone number, or the personal e-mail address contained in the historical archive of the statewide voter registration file is not open to public inspection if the information is for:

(1) A current or retired state or federal court judge or justice; and

(2) A law enforcement officer, as defined in § 22-1-2 .

The city and county where the official is a resident is a public record.

Source: SL 2025, ch 60, § 3; SL 2026, ch 64, § 4; SL 2026, ch 66, § 2.
S.D. Codified Laws § 12-25-31 — SD Code / Title 12 / Chapter 25 / Section 12-25-31
Forms for financial statements--Value not required--Verification--Open to public
Status: in_force

The secretary of state shall prescribe and provide forms for the reporting of close economic interest. The value of a close economic interest need not be reported. Each individual filing a statement of financial interest shall subscribe to an oath or affirmation verifying the contents of such statement. All statements of financial interest shall be open to public inspection, except pursuant to § 12-25-31.1 .

Source: SL 1974, ch 121, §§ 8 to 10; SL 1975, ch 125, § 24; SL 1979, ch 108, § 7; SL 2022, ch 11, § 6, eff. Feb. 14, 2022.
S.D. Codified Laws § 12-5-21.1 — SD Code / Title 12 / Chapter 5 / Section 12-5-21.1
Certification of candidate for lieutenant governor--Withdrawal--Ballot placement--Promulgation of rules--Forms
Status: in_force

A candidate for Governor shall nominate a candidate for lieutenant governor by certifying the nomination to the secretary of state no later than five p.m. central time on the second Tuesday in August in the year of the election. The candidate for Governor and the candidate's nominee for lieutenant governor shall sign the certification.

A candidate for lieutenant governor may withdraw from the nomination by filing a request under oath with the secretary of state. If a candidate for lieutenant governor withdraws, the candidate for Governor must nominate a replacement by certifying the nomination to the secretary of state no later than five p.m. central time on the second Tuesday in August in the year of the election. The candidate for Governor and the candidate's replacement nominee for lieutenant governor shall sign the certification.

The secretary of state may not place the name of the candidate for Governor on the general election ballot until a candidate for lieutenant governor has been certified.

The State Board of Elections shall promulgate rules, pursuant to chapter 1-26 , prescribing the forms of the certification and withdrawal of a candidate for lieutenant governor.

Source: SL 2025, ch 62, § 2.
S.D. Codified Laws § 12-20-52 — SD Code / Title 12 / Chapter 20 / Section 12-20-52
Rules and regulations for counting and canvass of vote
Status: in_force

The State Board of Elections may, by rule, in accordance with chapter 1-26 , promulgate rules and regulations to clarify the procedure by which ballots are counted and canvassed in all elections.

Source: SL 1976, ch 105, § 81.
S.D. Codified Laws § 12-22-7 — SD Code / Title 12 / Chapter 22 / Section 12-22-7
Original jurisdiction of contests
Status: in_force

Original jurisdiction over such contests shall be as follows:

(1) As to contests involving state offices, or judicial officers in the Supreme Court;

(2) As to all other contests, in the circuit court of a county which includes the locality where the election or some part thereof was conducted.

Source: SDC 1939, § 16.1905; SL 1974, ch 118, § 192.
S.D. Codified Laws § 12-19-7.2 — SD Code / Title 12 / Chapter 19 / Section 12-19-7.2
Display of campaign material by messenger as misdemeanor
Status: in_force

No authorized messenger may, in the presence of the voter at or before the time of voting, display campaign posters, signs, or other campaign materials or by any like means solicit any votes for or against any person, political party, or position on a question submitted. A violation of this section is a Class 2 misdemeanor.

Source: SL 1984, ch 112; SL 1992, ch 115, § 5.
S.D. Codified Laws § 12-19-1 — SD Code / Title 12 / Chapter 19 / Section 12-19-1
Absentee ballot--Persons entitled to vote
Status: in_force

A registered voter who is not otherwise disqualified by law from voting in the election may vote by absentee ballot.

Source: SDC 1939, § 16.0606; SL 1944 (SS), ch 2, § 1; SL 1953, ch 75, § 1; SL 1957, ch 85, § 1; SDC Supp 1960, § 16.0610; SL 1963, ch 110, § 1; SL 1967, ch 72; SDCL, §§ 12-19-15 to 12-19-17; SL 1972, ch 90, § 1; SL 1974, ch 118, § 133; SL 1980, ch 115, § 1; SL 1983, ch 112; SL 1993, ch 116, § 1; SL 2003, ch 82, § 6.
S.D. Codified Laws § 12-4-8.2 — SD Code / Title 12 / Chapter 4 / Section 12-4-8.2
True copy to replace duplicate acknowledgment notice
Status: in_force

Any voter whose name appears in the master registration file who makes written application to the county auditor for a duplicate acknowledgment notice, who has not received one or who has lost it, may receive a true copy of the card on file.

Source: SL 1970, ch 86, § 8; SDCL Supp, § 12-4-7.1 ; SL 1974, ch 118, § 11; SL 1994, ch 107, § 14; SL 2002, ch 40, § 6.
S.D. Codified Laws § 12-1-16 — SD Code / Title 12 / Chapter 1 / Section 12-1-16
Other legal remedies to challenge petition not precluded
Status: in_force

If a person fails to challenge a petition pursuant to § 12-1-13 , it does not deny that person any other legal remedy to challenge the filing of a nominating, initiative, or referendum petition.

Source: SL 1999, ch 70, § 4.
S.D. Codified Laws § 12-21-61 — SD Code / Title 12 / Chapter 21 / Section 12-21-61
Procedure on appeal to Supreme Court--Provisions to secure speedy determination
Status: in_force

Such appeals shall be taken and perfected in the same manner as appeals from other judgments, except:

(1) Such appeal must be taken within twenty days of the entry of such judgment;

(2) Forthwith upon such appeal the entire record shall be certified by the clerk of the circuit court and transmitted to the clerk of the Supreme Court;

(3) A stay of proceedings shall be within the discretion of the circuit court, subject to review by the Supreme Court, and shall be granted only upon adequate bond with sufficient security for payment to the respondent of all damages of any kind whatever resulting from the delay, and the court shall determine the terms of the bond so as adequately to protect the respondent from such damage;

(4) The Supreme Court may on its own motion, or on motion of any party, make such order as it deems advisable to bring about a speedy determination of the appeal, including shortening of the time for filing briefs, dispensing with printing briefs, or dispensing entirely with briefs; and assigning date for oral argument.

Source: SDC 1939, § 16.1829.
S.D. Codified Laws § 12-21-15 — SD Code / Title 12 / Chapter 21 / Section 12-21-15
Petition for presidential election recount--Margin required--Time of filing--Notice to county auditors
Status: in_force

Whenever according to the official returns as publicly announced and compiled, although not yet officially canvassed, it fairly appears that one group of candidates for presidential electors has been elected over another group of candidates by a margin not exceeding one - fourth of one percent of the total of votes cast for both groups of candidates, the chairman of the state central committee of the political party that nominated the groups of candidates, or any two or more candidates of either group, may file with the secretary of state at any time after the election and prior to the canvass by the State Board of Canvassers, a petition setting forth that in the opinion of the petitioner or petitioners all votes cast for presidential electors should be recounted.

Upon the filing of the petition, the secretary of state shall notify each county auditor in the state, and the recount must be conducted in all of the precincts in all of the counties.

Source: SDC 1939, § 16.1803 (6); SL 2025, ch 67, § 4.
S.D. Codified Laws § 12-2-3 — SD Code / Title 12 / Chapter 2 / Section 12-2-3
Opening and closing times for polls--Voters in line at closing time
Status: in_force

At each election to be held under this title, the polls shall be opened at the hour of seven a.m. and remain continuously open until seven p.m., standard time or daylight savings time, whichever is in effect. However, no polling place may be closed at any election until all the voters who have presented themselves at the polling place inside or outside for the purpose of voting prior to the time of the closing of the polls have had time to cast their ballots.

Source: SDC 1939, §§ 16.0222, 16.1201; SL 1955, ch 54, §§ 3, 5; SL 1968, ch 76, § 1; SDCL Supp, § 12-6-24; SL 1973, ch 68, § 2; SL 1981, ch 119, § 1; SL 2000, ch 71, § 1.
S.D. Codified Laws § 12-22-31 — SD Code / Title 12 / Chapter 22 / Section 12-22-31
Service of order fixing hearing date on primary contest--Answer
Status: in_force

When the court has fixed the day for hearing the complaint, an order fixing such hearing shall be personally served upon the defendant, in the same manner as is provided for the service of a summons in a civil action. The defendant must answer on or before the day of hearing.

Source: SL 1937, ch 123; SDC 1939, § 16.0239.
S.D. Codified Laws § 12-22-14 — SD Code / Title 12 / Chapter 22 / Section 12-22-14
Title of proceeding on submitted question
Status: in_force

In the case of a contest as to a submitted or referred question, the proceeding shall be entitled: "In the matter of election contest as to ____ (naming the question involved)."

Source: SDC 1939, § 16.1910.