reglab/housing_qa huggingface dataset:
SD Codified L § 12-19-7 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 19 - Absentee Voting|Section 12-19-7 - Marking and folding ballot--Officer before whom marked--Mailing or delivering ballot.

12-19-7. Marking and folding ballot--Officer before whom marked--Mailing or delivering ballot.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 either mail the ballot, deliver it in person or have it delivered to the person in charge of the election. 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.
SD Codified L § 12-19-7.1 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 19 - Absentee Voting|Section 12-19-7.1 - Candidates and election officials not to serve as authorized messenger.

12-19-7.1. Candidates and election officials not to serve as authorized messenger.No person who is a candidate for any elective office, except for political party offices described in §12-5-2 or county auditor or such deputy, at the election for which the ballot or ballots are to be voted, may serve as an authorized messenger. Source: SL 1972, ch 90, §5; SL 1976, ch 105, §65; SL 1992, ch 115, §4.
SD Codified L § 12-19-7.2 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 19 - Absentee Voting|Section 12-19-7.2 - Display of campaign material by messenger as misdemeanor.

12-19-7.2. Display of campaign material by messenger as misdemeanor.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.
SD Codified L § 12-19-9 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 19 - Absentee Voting|Section 12-19-9 - Delivery of absentee ballot--Personal delivery when transmission time insufficient--Receipt.

12-19-9. Delivery of absentee ballot--Personal delivery when transmission time insufficient--Receipt.An authorized messenger shall deliver the absentee ballot to the person in charge of the election unless there is not sufficient time for the person in charge of the election to transmit the absentee ballot to the voter's home precinct. In that instance, the authorized messenger shall personally deliver the absentee ballot to the precinct superintendent of the voter's home precinct. If the authorized messenger requests a receipt when returning the absentee ballot, the person in charge of the election shall provide the authorized messenger a receipt. Source: SL 1913, ch 200, §2; SL 1917, ch 233, §2; SL 1918 (SS), ch 45; RC 1919, §7227; SL 1925, ch 159, §2; SL 1929, ch 114, §1; SDC 1939, §16.0607; SL 1963, ch 110, §2; SL 1970, ch 91, §1; SL 1972, ch 90, §3; SL 1974, ch 118, §139; SL 1976, ch 105, §66; SL 1979, ch 105, §2; SL 1980, ch 115, §6; SL 1983, ch 116, §1; SL 1992, ch 115, §6; SL 2006, ch 72, §4.
SD Codified L § 12-19-9.1 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 19 - Absentee Voting|Section 12-19-9.1 - Nursing facility, assisted living center, or hospital having multiple absentee ballot requests.

12-19-9.1. Nursing facility, assisted living center, or hospital having multiple absentee ballot requests.If there is any nursing facility, assisted living center, or hospital, as defined in §34-12-1.1, within any county from which there might reasonably be expected to be five or more absentee applications, the county auditor shall notify the person in charge of that facility and the chair of the county central committee of each party and any other person who has filed a request to be notified of the date and time at which representatives of the auditor's office will be present to assist the residents of that facility to vote, utilizing the absentee procedure. Any political party, independent candidate, and nonpolitical candidate may assign a person to accompany the auditor's representatives. At the date and time announced, the auditor's representative shall deliver ballots to and assist all persons at that facility who desire such assistance and who have applied for absentee ballots. This section applies only to a general election.If a person in charge of an election conducts absentee voting at a nursing facility, assisted living center, or hospital as defined in §34-12-1.1, the voter shall complete a combined absentee ballot application/return envelope and the identification and affidavit requirements provided in §12-19-2.1 are waived. Source: SL 1972, ch 89; SL 1981, ch 125; SL 1997, ch 82, §1; SL 2003, ch 82, §5; SL 2006, ch 72, §5; SL 2017, ch 2, §6.
SD Codified L § 12-19-9.2 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 19 - Absentee Voting|Section 12-19-9.2 - Marking and return of ballot on death of voter before opening of polls.

12-19-9.2. Marking and return of ballot on death of voter before opening of polls.Whenever, 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 has died prior to the opening of the polls on the date of the election, the ballot of the voter shall be returned in the unsealed return envelope with the evidence of death attached and the envelope marked "Unopened by reason of death of voter" to the officer in charge of the conduct of the election. The casting of any such ballot shall not invalidate the election. Source: SL 1974, ch 118, §142.
SD Codified L § 12-19-10 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 19 - Absentee Voting|Section 12-19-10 - Preservation and delivery of ballot to precinct superintendent--Comparison of statement and application--Deposit in ballot box--Unopened ballots--Unauthorized examination as misdemeanor.

12-19-10. Preservation and delivery of ballot to precinct superintendent--Comparison of statement and application--Deposit in ballot box--Unopened ballots--Unauthorized examination as misdemeanor.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 and shall, except as provided by §12-19-42, deliver it to the precinct superintendent of election of the voter's home precinct. The person in charge of the election shall have the absentee ballots delivered with the election supplies, or if received later, then prior to the close of the polls. If the election board is not otherwise engaged in official duties, or if there are absentee ballots not processed when the polls close, immediately thereafter, the board shall carefully compare the statement on the reverse side of the official return envelope with the written application received from the officer in charge of the election without opening or breaking the seal of the return envelope. If the ballot is contained in a combined absentee ballot application/return envelope, the comparison of the statement and the application shall be omitted. The board shall enter the voter's name on the election pollbook and mark the registration list if:(1)The ballots received were voted by the voter whose name appears on the statement;(2)The voter is registered in such precinct and has not previously voted in that precinct at the election; and(3)The written application and statement were both signed by the voter.The board shall then open the envelope without opening, unfolding or examining the ballots the envelope may contain, stamp the ballots with the official stamp, and deposit the ballots with the other ballots cast at the election. If the board determines that an absentee ballot envelope cannot be opened because the envelope does not meet the requirements for opening, the reason shall be written on the envelope, signed by a member of the board, and the envelope placed in a larger envelope for unopened absentee ballots. No person may, prior to the counting of the votes, open, unfold or examine any ballot, or make any communication to any person concerning the markings or contents of the ballot. A violation of the preceding sentence is a Class 2 misdemeanor. Source: SL 1913, ch 200, §3; RC 1919, §7228; SL 1925, ch 159, §3; SL 1929, ch 114, §2; SDC 1939, §16.0608; SL 1941, ch 80; SL 1944 (SS), ch 2, §7; SL 1953, ch 75, §5; SL 1957, ch 85, §6; SDC Supp 1960, §16.0616; SL 1963, ch 110, §§3, 4; SDCL §12-19-31; SL 1970, ch 91, §2; SL 1972, ch 90, §4; SL 1974, ch 118, §140; SL 1976, ch 105, §67; SL 1982, ch 86, §87; SL 1992, ch 115, §7; SL 1993, ch 118, §17; SL 2006, ch 72, §6; SL 2010, ch 74, §15.
SD Codified L § 12-19-10.1 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 19 - Absentee Voting|Section 12-19-10.1 - County auditor validation of absentee ballot signatures.

12-19-10.1. County auditor validation of absentee ballot signatures.If a county uses an absentee ballot precinct at the building where the county auditor is located to process absentee ballots on election day for a federal, state, or county election, the county has the option to validate the absentee ballot signatures in the county auditor's office. The county auditor shall follow the provisions of §12-19-10 except for the following:(1)The county auditor, at anytime during the absentee voting timeframe, shall carefully compare the statement on the reverse side of the official return envelope with the written application without opening or breaking the seal of the return envelope; and(2)If the county auditor determines that both signatures match:(a)The application for absentee ballot does not need to be sent to the absentee precinct board; and(b)The county auditor shall initial the envelope after the determination that signatures do match. Source: SL 2018, ch 82, §1.
SD Codified L § 12-19-11 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 19 - Absentee Voting|Section 12-19-11 - Preservation and return of application and return envelope.

12-19-11. Preservation and return of application and return envelope.The written application and official return envelope shall be preserved by the election officers and returned by them to the proper office together with the other election returns. Source: SL 1913, ch 200, §3; RC 1919, §7228; SL 1925, ch 159, §3; SL 1929, ch 114, §2; SDC 1939, §16.1608; SL 1941, ch 80; SL 1963, ch 110, §3; SL 1970, ch 91, §3.
SD Codified L § 12-19-12 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 19 - Absentee Voting|Section 12-19-12 - Delivery of absentee ballot to polling place after close of polls.

12-19-12. Delivery of absentee ballot to polling place after close of polls.If an absentee ballot is delivered to a polling place after the polls are closed, 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.
SD Codified L § 12-19-14 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 19 - Absentee Voting|Section 12-19-14 - Unlawful disposition of ballot or ballot link as misdemeanor.

12-19-14. Unlawful disposition of ballot or ballot link as misdemeanor.Any voter who, having procured an official ballot or ballots or Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) ballot link as provided in §§12-19-1 to 12-19-12, inclusive, intentionally disposes of a ballot in any manner other than as provided in such sections or provides the UOCAVA ballot link to any other person is guilty of a Class 2 misdemeanor. The UOCAVA ballot link is the internet URL for accessing an electronically provided absentee ballot. Source: SL 1913, ch 200, §5; RC 1919, §7230; SDC 1939, §16.9911; SL 1974, ch 118, §143; SL 1982, ch 86, §88; SL 2010, ch 74, §17.
SD Codified L § 12-19-32 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 19 - Absentee Voting|Section 12-19-32 - Ballot not invalidated by federal censorship.

12-19-32. Ballot not invalidated by federal censorship.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.
SD Codified L § 12-19-33 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 19 - Absentee Voting|Section 12-19-33 - Failure to deliver or tampering with ballot as felony.

12-19-33. Failure to deliver or tampering with ballot as felony.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.
SD Codified L § 12-19-34 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 19 - Absentee Voting|Section 12-19-34 - Informalities do not invalidate election--Liberal construction.

12-19-34. Informalities do not invalidate election--Liberal construction.No mere informality in the matter of carrying out or executing the provisions of this chapter shall invalidate the election or authorize the rejection of the returns thereof, and the provisions of this chapter shall be liberally construed for the purposes herein expressed or intended. Source: SL 1944 (SS), ch 2, §8; SDC Supp 1960, §16.0617; SL 1974, ch 118, §145.
SD Codified L § 12-19-37 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 19 - Absentee Voting|Section 12-19-37 - Absentee ballot precincts--Creation--Absentee ballot counting board.

12-19-37. Absentee ballot precincts--Creation--Absentee ballot counting board.Any county may create a special precinct to be known as an absentee ballot precinct. If the county creates an absentee ballot precinct, all absentee ballots cast at any election shall be counted in such precinct. However, if a paper ballot precinct has ten or fewer absentee ballots cast at the time the polls open on election day, the absentee ballots in that precinct shall be counted at the polling place. The election board of the absentee ballot precinct is the absentee ballot counting board. There may be only one absentee ballot counting board at any time in a county. Source: SL 1976, ch 108, §1; SL 1985, ch 116.
SD Codified L § 12-19-38 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 19 - Absentee Voting|Section 12-19-38 - Appointment of absentee ballot counting board--Number of members.

12-19-38. Appointment of absentee ballot counting board--Number of members.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.
SD Codified L § 12-19-39 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 19 - Absentee Voting|Section 12-19-39 - Oath of board members--Compensation.

12-19-39. Oath of board members--Compensation.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.
SD Codified L § 12-19-41 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 19 - Absentee Voting|Section 12-19-41 - Powers and duties of absentee ballot counting board.

12-19-41. Powers and duties of absentee ballot counting board.Except as otherwise provided in §§12-19-37 to 12-19-52, inclusive, the absentee ballot counting board's powers and duties shall be the same as provided in chapters 12-19 and 12-20 for precinct election officials in regular precinct polling places, except that the board shall receive and count all absentee ballots for all precincts in the county upon receipt thereof from the person in charge of the election. Source: SL 1976, ch 108, §6.
SD Codified L § 12-19-42 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 19 - Absentee Voting|Section 12-19-42 - Envelope containing voted ballots kept closed--Delivery to county board.

12-19-42. Envelope containing voted ballots kept closed--Delivery to county board.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.
SD Codified L § 12-19-43 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 19 - Absentee Voting|Section 12-19-43 - Review--Sorting--Processing--Absentee Ballots.

12-19-43. Review--Sorting--Processing--Absentee Ballots. The county auditor shall direct the board to meet on election day prior to the closing of the polls for the sole purpose of reviewing the absentee voters' affidavits appearing on the sealed ballot envelopes, if in the auditor's judgment this procedure shall be necessary due to the number of absentee ballots received. The absentee ballots shall be opened, stamped, and placed in the ballot box or processed by an automatic tabulating machine, but under no circumstances shall the ballots be manually counted nor any vote totals printed or displayed by any tabulating machine prior to the closing of the polls. If ballots are processed by an automatic tabulating machine prior to the closing of the polls, the resolution board shall be present and notification of such processing shall be provided to each county party chairperson at least ten days before the election. Source: SL 1976, ch 108, §4; SL 1977, ch 113; SL 2005, ch 93, §6; SL 2021, ch 67, § 1.
SD Codified L § 12-19-44 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 19 - Absentee Voting|Section 12-19-44 - Counting process open.

12-19-44. Counting process open.The room occupied by the absentee ballot counting board shall be open to any person for the purpose of observing the counting process. Source: SL 1976, ch 108, §5.
SD Codified L § 12-19-45 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 19 - Absentee Voting|Section 12-19-45 - Record of applicants' names, addresses, and voting precincts--Delivery to counting board--Record of authorized messengers.

12-19-45. Record of applicants' names, addresses, and voting precincts--Delivery to counting board--Record of authorized messengers.The person in charge of the election shall preserve a record of the name, post office address, and voting precinct of each applicant for absentee ballots and shall personally deliver the same 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.
SD Codified L § 12-19-46 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 19 - Absentee Voting|Section 12-19-46 - Commencement of count when polls close--Place.

12-19-46. Commencement of count when polls close--Place.The Absentee Ballot Counting Board shall commence counting the absentee voters' ballots immediately upon close of the polls at a central place designated by the county auditor. Source: SL 1976, ch 108, §4.
SD Codified L § 12-19-47 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 19 - Absentee Voting|Section 12-19-47 - Processing of absentee ballots.

12-19-47. Processing of absentee ballots.The absentee ballot counting board, during the time prescribed in §12-19-46, shall process each absentee ballot as required by §12-19-10. Source: SL 1976, ch 108, §12; SL 1982, ch 86, §90; SL 1992, ch 115, §8; SL 1993, ch 118, §19; SL 2006, ch 72, §7; SL 2010, ch 74, §18.
SD Codified L § 12-19-48 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 19 - Absentee Voting|Section 12-19-48 - Delivery of absentee ballot after polls are closed.

12-19-48. Delivery of absentee ballot after polls are closed.If an absentee ballot is delivered to an absentee ballot counting board after the polls are closed the absentee ballot may not be counted or opened. Source: SL 1976, ch 108, §13; SL 1999, ch 69, §38; SL 2010, ch 74, §19.
SD Codified L § 12-19-49 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 19 - Absentee Voting|Section 12-19-49 - Death of absentee voter prior to opening of polls--Ballot returned to person in charge--Election not invalidated by casting of ballot.

12-19-49. Death of absentee voter prior to opening of polls--Ballot returned to person in charge--Election not invalidated by casting of ballot.If, prior to the casting of absentee ballots, the person in charge of the election or absentee ballot counting board shall have sufficient cause to believe that any voter who has marked and forwarded an absentee ballot has died prior to the opening of the polls on the date of the election, the ballot of the voter shall be returned in the sealed return envelope with the evidence of death attached and the envelope marked "Unopened by reason of death of voter" to the person in charge of the election. The casting of any such ballot, however, shall not invalidate the election. Source: SL 1976, ch 108, §11.
SD Codified L § 12-19-50 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 19 - Absentee Voting|Section 12-19-50 - Forms for recording tally--Special pollbook--Tally added to home precinct totals.

12-19-50. Forms for recording tally--Special pollbook--Tally added to home precinct totals.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.
SD Codified L § 12-19-52 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 19 - Absentee Voting|Section 12-19-52 - Electronic voting systems.

12-19-52. Electronic voting systems.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.
SD Codified L § 12-19-53 (2021)
2021 South Dakota Codified Laws|Title 12 - Elections|Chapter 19 - Absentee Voting|Section 12-19-53 - Contracting for services of county auditor from another county.

12-19-53. Contracting for services of county auditor from another county.If a county contracts for the services of a county auditor from another county, that county auditor shall make absentee ballots available in the contracting county if the contracting county requests that absentee ballots be provided. The contracting county shall reimburse the county auditor for the costs incurred pursuant to this section. Source: SL 1992, ch 115, §9.