reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 13 - Constitutional Amendments And Submitted Questions › Section 12-13-25.1 - Attorney general's statement--Initiated measure--Initiated amendment.

12-13-25.1. Attorney general's statement--Initiated measure--Initiated amendment.
Following receipt of the written comments of the director of the Legislative Research Council, the sponsors shall submit a copy of the proposed initiated measure or initiated amendment to the Constitution in final form to the attorney general, the secretary of state, and the director of the Legislative Research Council. The attorney general shall prepare a draft attorney general's statement that consists of a title and explanation. The title shall be a concise statement of the subject of the proposed initiated measure or initiated amendment to the Constitution. The explanation shall be an objective, clear, and simple summary to educate the voters of the purpose and effect of the proposed initiated measure or initiated amendment to the Constitution. The attorney general shall include a description of the legal consequences of the proposed initiated measure or initiated amendment to the Constitution, including the likely exposure of the state to liability if the proposed initiated measure or initiated amendment to the Constitution is adopted. The explanation may not exceed two hundred words in length.
The attorney general shall file the draft statement with the secretary of state, post the draft statement on the attorney general's website, and release a press release announcing a draft statement has been posted for comment within sixty days of receipt of the proposed initiated measure or initiated amendment to the Constitution. The attorney general shall accept comments for ten days from the date the draft statement was filed. The attorney general shall review all comments submitted and revise the statement in response to the comments as deemed necessary.
Once the comment period has expired and any revisions have been completed, the attorney general shall file the final statement with the secretary of state, which shall serve as the attorney general's statement, and shall provide a copy to the sponsors within twenty days of the filing of the draft statement.
If the petition is filed as set forth in §§2-1-1.1 or 2-1-1.2, the attorney general shall deliver to the secretary of state before the third Tuesday in May a recitation as provided in this section. The recitation for an initiated amendment to the Constitution shall state "Vote 'Yes' to adopt the amendment" and "Vote 'No' to leave the Constitution as it is". The recitation for an initiated measure shall state "Vote 'Yes' to adopt the initiated measure" and "Vote 'No' to leave South Dakota law as it is". On the printed ballots, the title shall be followed by the explanation and the explanation shall be followed, if applicable, by any fiscal note prepared pursuant to §2-9-30, and then followed by the recitation.
Source:
SL 2009, ch 64, §2, eff. July 1, 2010; SL 2013, ch 101, §75; SL 2016, ch 24, §3; SL 2017, ch 16, §6; SL 2018, ch 77, §4; SL 2018, ch 80, §1; SL 2021, ch 65, § 1, eff. Nov. 1, 2021.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 13 - Constitutional Amendments And Submitted Questions › Section 12-13-25.2 - Exception to time for director's comments.

12-13-25.2. Exception to time for director's comments.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 13 - Constitutional Amendments And Submitted Questions › Section 12-13-26 - Unreviewed initiatives or initiated amendments unacceptable--Uncertified initiated amendments unacceptable.

12-13-26. Unreviewed initiatives or initiated amendments unacceptable--Uncertified initiated amendments unacceptable.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 13 - Constitutional Amendments And Submitted Questions › Section 12-13-26.1 - Initiated or proposed constitutional amendment--Single subject or revision determination by secretary of state--Certification.

12-13-26.1. Initiated or proposed constitutional amendment--Single subject or revision determination by secretary of state--Certification.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 13 - Constitutional Amendments And Submitted Questions › Section 12-13-26.2 - Action to challenge the secretary of state's decision--Time limits--Promulgation of rules.

12-13-26.2. Action to challenge the secretary of state's decision--Time limits--Promulgation of rules.
If the secretary of state does not certify a proposal for an amendment to the Constitution pursuant to §12-13-26.1, any interested party may directly appeal the secretary of state's decision to the Supreme Court within fifteen days of the secretary of state publishing notice of the decision not to certify on the secretary of state's website.
Any interested party may directly appeal the secretary of state's certification of a proposal for an amendment to the Constitution pursuant to §12-13-26.1 to the Supreme Court within fifteen days of the secretary of state publishing notice of certification on the secretary of state's website.
The Supreme Court shall promulgate rules, pursuant to chapter 16-3, defining the procedures for an appeal taken under this section.
Source: SL 2021, ch 64, §4, eff. Mar. 18, 2021; SL 2023, ch 48, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 13 - Constitutional Amendments And Submitted Questions › Section 12-13-27 - Special elections for constitutional amendments--Procedural changes--Reimbursement of costs.

12-13-27. Special elections for constitutional amendments--Procedural changes--Reimbursement of costs.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 13 - Constitutional Amendments And Submitted Questions › Section 12-13-28 - Employment and compensation of petition circulators.

12-13-28. Employment and compensation of petition circulators.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 14 - Precincts And Polling Places › Section 12-14-1 - Designation of precincts and polling places by county commissioners--Changes--Separate voter lists of special voting districts.

12-14-1. Designation of precincts and polling places by county commissioners--Changes--Separate voter lists of special voting districts.
The board of county commissioners shall by resolution provide for election precincts throughout its county and shall designate polling places within such precincts. The board shall establish new election precincts if required by the provisions of this chapter and may by resolution change the boundaries of election precincts already established. The county auditor shall be able to provide separate lists of voters living within the boundaries of each municipality, ward, school district, and any other special voting district.
Source:
SDC 1939, §16.0801; SL 1959, ch 94; SL 1974, ch 118, §60; SL 1978, ch 101, §1; SL 2002, ch 40, §15.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 14 - Precincts And Polling Places › Section 12-14-1.1 - Notice to county auditor of boundary change for local election.

12-14-1.1. Notice to county auditor of boundary change for local election.
The official in charge of a local election shall notify the county auditor at least forty-five days before a local election if any external boundary changes have been made for the precinct, ward, or representation area. In even numbered years, the official in charge of a local election shall notify the county auditor at least one hundred days before the primary election and at least one hundred days before the general election if any external boundary changes have been made.
Source:
SL 1974, ch 118, §14; SL 2010, ch 74, §12; SL 2017, ch 68, §5.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 14 - Precincts And Polling Places › Section 12-14-2 - Boundaries to be clearly defined in resolution.

12-14-2. Boundaries to be clearly defined in resolution.
The resolution of the board of county commissioners establishing new precincts or making any change in precincts already established shall clearly set forth and define the boundaries of the election precincts established or altered.
Source:
SL 1915, ch 184, §1; RC 1919, §7231; SL 1919, ch 186, §2; SDC 1939, §16.0801; SL 1959, ch 94; SL 1974, ch 118, §61.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 14 - Precincts And Polling Places › Section 12-14-4 - Adjustment in size of precincts--Unreasonable waiting time.

12-14-4. Adjustment in size of precincts--Unreasonable waiting time.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 14 - Precincts And Polling Places › Section 12-14-9 - Location of polling places.

12-14-9. Location of polling places.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 14 - Precincts And Polling Places › Section 12-14-14 - Sign to identify polling place on election day.

12-14-14. Sign to identify polling place on election day.
On election day a sign, with a minimum size of eleven inches by seventeen inches, shall be conspicuously displayed outside of the entrance to any building in which a polling place is located to clearly identify the building as a polling place.
Source:
SL 2007, ch 79, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 14 - Precincts And Polling Places › Section 12-14-15 - Change in precinct boundary or polling place.

12-14-15. Change in precinct boundary or polling place.
No precinct boundary or polling place may be changed after the publication of the first notice of election is published as provided in §12-12-1. If a designated polling place is destroyed or becomes otherwise physically unusable as a polling place after the first notice of election is published, the county auditor shall recommend a new polling place to be approved by the board of county commissioners. The approval of the new polling place may be made by the board of county commissioners during a conference call meeting.
Notice of the new polling place shall be conspicuously posted at the old polling place location. The county auditor shall also provide notice through the local print and broadcast media. The notice shall be sufficient to reasonably inform the affected voters of the change in polling place location or the county auditor shall mail a notice, if possible, no later than three days prior to the election, to each registered voter assigned to the affected polling place.
Source:
SL 2007, ch 73, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 14 - Precincts And Polling Places › Section 12-14-16 - Campaign signs at nonpublicly-owned polling place.

12-14-16. Campaign signs at nonpublicly-owned polling place.
If any nonpublicly-owned building is used as a polling place, the building owner may designate whether campaign signs will be allowed on the building's premises outside the area defined in §12-18-3 on election day. If campaign signs are allowed, the building owner may not prohibit signs from any particular campaign.
Source:
SL 2007, ch 73, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 14 - Precincts And Polling Places › Section 12-14-17 - Vote centers.

12-14-17. Vote centers.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 15 - Precinct Election Officials › Section 12-15-1 - Appointment by county auditor of precinct election officials--Names submitted by parties.

12-15-1. Appointment by county auditor of precinct election officials--Names submitted by parties.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 15 - Precinct Election Officials › Section 12-15-1.3 - Precinct assistant--Appointment--Duties.

12-15-1.3. Precinct assistant--Appointment--Duties.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 15 - Precinct Election Officials › Section 12-15-2 - Precinct superintendent and deputy to be registered voters and residents of precinct--Vacancy on precinct election board.

12-15-2. Precinct superintendent and deputy to be registered voters and residents of precinct--Vacancy on precinct election board.
A precinct superintendent or precinct deputy appointed under §12-15-1 shall be a registered voter and a resident of the precinct for which the person is appointed. If the person in charge of the election is unable to appoint a sufficient number of members of the precinct election board who meet the requirements under §12-15-3 by the time prescribed in §12-15-1, a vacancy may be filled by appointing any registered voter of the county in which the precinct is located.
Source:
SDC 1939, §16.1002; SL 1939, ch 79; SL 1976, ch 105, §33; SL 1984, ch 108, §1; SL 1993, ch 112, §2; SL 1999, ch 69, §4; SL 2019, ch 75, §3.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 15 - Precinct Election Officials › Section 12-15-2.1 - Precinct superintendent and precinct deputy prohibited to serve as poll watchers.

12-15-2.1. Precinct superintendent and precinct deputy prohibited to serve as poll watchers.
No person appointed as a precinct superintendent or precinct deputy may serve as a poll watcher at that election.
Source:
SL 1984, ch 109, §1; SL 1999, ch 69, §5.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 15 - Precinct Election Officials › Section 12-15-3 - Distribution of precinct officials among parties--Superintendent from majority party--Eligible appointees when list not provided.

12-15-3. Distribution of precinct officials among parties--Superintendent from majority party--Eligible appointees when list not provided.
In the appointment of the members of the precinct election board and of the counting board pursuant to this chapter, if three or more parties have candidates on the official ballot, one precinct deputy shall be appointed from each party whose candidate for Governor in the last gubernatorial election had at least fifteen percent of the votes as shown by the precinct returns. If two parties have candidates on such ballots, the members of the precinct election board shall be selected from each party and the party receiving a majority of the votes cast for Governor in the election precinct at the last preceding gubernatorial election shall have a majority of the members of the precinct election board. The precinct superintendent shall belong to the party whose candidate received the most votes for Governor in the last gubernatorial election in that precinct. If a precinct has been created since the last election, the precinct superintendent shall belong to the party which received the most votes for Governor in the county in the last gubernatorial election. If no list is provided by a party's county central committee pursuant to §12-15-1, any registered voter who is not affiliated with a party as provided in this section may be chosen as a precinct election board member for the party which did not submit the list within time frame specified in §12-15-1.
Source:
SDC 1939, §16.1002; SL 1939, ch 79; SL 1975, ch 119, §2; SL 1976, ch 105, §34; SL 1993, ch 118, §2; SL 1999, ch 69, §6; SL 2000, ch 72, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 15 - Precinct Election Officials › Section 12-15-7 - Meetings of precinct officials for instruction on laws and duties--Compensation for attendance.

12-15-7. Meetings of precinct officials for instruction on laws and duties--Compensation for attendance.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 15 - Precinct Election Officials › Section 12-15-9 - Oath of precinct officials--Entry in pollbook--Violation of oath as misdemeanor.

12-15-9. Oath of precinct officials--Entry in pollbook--Violation of oath as misdemeanor.
Before performing election day duties, each precinct superintendent, precinct deputy, and precinct assistant of the election and counting boards shall severally take an oath in the following form:
I, A.B., do solemnly swear (or affirm) that I will perform the duties of precinct superintendent (or precinct deputy or precinct assistant) according to law and the best of my ability and that I will studiously endeavor to prevent fraud, deceit, and abuse and that I will act in an impartial manner in conducting the election about to be held.
The members of the precinct election board may administer the oath to each other. The person administering the oaths shall cause an entry thereof to be made and signed by the person and prefixed to the pollbook. A violation of this oath is a Class 1 misdemeanor.
Source:
SDC 1939, §§16.0221, 16.1004; SDCL, §12-6-22; SL 1975, ch 119, §5; SL 1993, ch 118, §4; SL 1999, ch 69, §8; SL 2004, ch 108, §1; SL 2006, ch 70, §6.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 15 - Precinct Election Officials › Section 12-15-10 - Replacement of precinct superintendent or precinct deputy failing to take oath or to serve.

12-15-10. Replacement of precinct superintendent or precinct deputy failing to take oath or to serve.
If any person appointed as precinct superintendent or precinct deputy neglects or refuses to be sworn or to act as such, the position of the person shall be filled by the voters of the precinct present at the polling place when it opens, from the different political parties, as provided in this chapter. The person so elected to fill the vacancy is vested with the same power for that election, as if regularly appointed.
Source:
SDC 1939, §16.1007; SL 1974, ch 118, §66; SL 1975, ch 119, §6; SL 1976, ch 105, §37; SL 1993, ch 118, §5; SL 1999, ch 69, §9.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 15 - Precinct Election Officials › Section 12-15-11 - Fee paid precinct superintendent and precinct deputy--Mileage for returning pollbooks and ballot boxes.

12-15-11. Fee paid precinct superintendent and precinct deputy--Mileage for returning pollbooks and ballot boxes.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 15 - Precinct Election Officials › Section 12-15-13 - Certification of fee of precinct superintendent and precinct deputy--Order for payment from treasury.

12-15-13. Certification of fee of precinct superintendent and precinct deputy--Order for payment from treasury.
The county auditor shall, on the receipt of the returns of any primary, general, or special election make out a certificate stating the fee that each precinct superintendent and precinct deputy is entitled. The county auditor shall submit the certificate to the board of county commissioners at its next session. The board shall order the fee to be paid out of the county treasury.
Source:
SDC 1939, §16.1710; SL 1943, ch 74; SL 1947, ch 85, §1; SL 1955, ch 54, §6; SL 1976, ch 105, §39; SL 1987, ch 124, §2; SL 1993, ch 118, §7; SL 1999, ch 69, §11.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 15 - Precinct Election Officials › Section 12-15-14 - Counting boards in large paper ballot precincts--Duties.

12-15-14. Counting boards in large paper ballot precincts--Duties.
In each election precinct in which the number of ballots to be voted on paper ballots, including absentee ballots, has in prior general elections exceeded three hundred voters, the auditor shall appoint a precinct counting board to be composed of five precinct deputies, one of whom shall be superintendent, who shall count the ballots cast in the general election under the direction of the superintendent of the counting board.
Source:
SL 1963, ch 117, §§1, 2; SDCL, §12-15-15; SL 1970, ch 90; SL 1972, ch 86; SL 1974, ch 118, §68; SL 1975, ch 119, §7; SL 1976, ch 105, §40; SL 1993, ch 118, §8; SL 1999, ch 69, §12.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 15 - Precinct Election Officials › Section 12-15-14.1 - Counting boards in smaller precincts to avoid unreasonable delay.

12-15-14.1. Counting boards in smaller precincts to avoid unreasonable delay.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 15 - Precinct Election Officials › Section 12-15-14.3 - Certain relatives of candidates prohibited from serving on election and counting boards.

12-15-14.3. Certain relatives of candidates prohibited from serving on election and counting boards.
No person may serve on an election or counting board who is a candidate or related by blood or marriage within the second degree to a candidate who is on the ballot in that precinct.
Source:
SL 1991, ch 120; SL 1993, ch 118, §11.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-1 - Printed ballots to be provided--Candidates listed--Sample ballots--Challenge--Submitted questions.

12-16-1. Printed ballots to be provided--Candidates listed--Sample ballots--Challenge--Submitted questions.
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 shall contain the name of each candidate who has filed for nomination and is approved. The printed ballots for the election of officers shall 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 shall appear on the ballot exactly as listed in the declaration of candidacy of the candidates' nominating petitions. Sample ballots shall be printed on paper of a different color from the official ballot but in the same form. The sample ballots and official ballots shall be printed and in the possession of the county auditor not later than forty-eight days prior to a primary or general election. However, 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 also prepare the necessary ballots if any question is required to be submitted to the voters of the county. Ballots for general elections shall be of the style and form prescribed in §§12-16-2 to 12-16-11, 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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-1.1 - Automatic election of unopposed candidate--Certificate of election.

12-16-1.1. Automatic election of unopposed candidate--Certificate of election.
Any candidate who has been duly nominated to an elective office except State Legislature, political or nonpolitical, having no opposing candidate at the general election shall automatically be elected and the county auditor or secretary of state, as the case may be, shall, following the official canvass, issue a certificate of election to such candidate and his name shall not be printed on the general election ballot.
Source:
SL 1971, ch 82, §1; SL 1979, ch 98, §3.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-2 - Paper and printing specifications--Columns for parties and independent candidates--Automatic tabulating systems.

12-16-2. Paper and printing specifications--Columns for parties and independent candidates--Automatic tabulating systems.
All official ballots shall be printed on good quality bond paper, in black ink, and in the English language. The names of candidates for each office shall be printed in large type under the designation of the party for which the nomination is made, so that all the names of candidates for each party are in separate columns, the names of candidates for each office are directly opposite each other, and the names of all independent candidates occupy a separate column under the heading, independent candidates. In precincts using automatic tabulating systems, the ballot information, whether placed on the ballot or on the marking device, shall, as far as practicable, be in the order or arrangement provided for paper ballots except that such information may be in vertical or horizontal rows, or on a number of separate pages. No individual race or ballot question may be divided between pages. One ballot card may be used for recording a voter's vote on all races and measures.
Source:
SDC 1939, §16.1105 (1); SL 1974, ch 118, §70; SL 1977, ch 109, §2; SL 1994, ch 110, §1; SL 1997, ch 81, §1; SL 2007, ch 76, §3.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-2.1 - Colors for ballots.

12-16-2.1. Colors for ballots.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-3.1 - Order of party columns.

12-16-3.1. Order of party columns.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-5 - Order of offices placed on ballot.

12-16-5. Order of offices placed on ballot.
The names of the candidates shall be placed upon the ballot in the following order: presidential electors, if any, United States Senator, if any, Representatives in Congress, state officials, legislative, and county candidates.
Source:
SL 1925, ch 160; SL 1929, ch 116, §1; SDC 1939, §16.1105 (3).
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-6 - Presidential and vice-presidential candidates listed--Single square to vote for electors.

12-16-6. Presidential and vice-presidential candidates listed--Single square to vote for electors.
The group of presidential electors in each column shall be preceded by the surnames of the respective candidates for President and vice president for whom they are pledged; as for instance, "G Coolidge and Dawes electors," "G Davis and Bryan electors," etc., which shall be printed conspicuously and be preceded by a square as above indicated.
Source:
SL 1925, ch 160; SDC 1939, §16.1105 (2); SL 1964, ch 60, §1; SL 1976, ch 105, §43.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-7 - Number stated where more than one to be chosen--More than one independent candidate.

12-16-7. Number stated where more than one to be chosen--More than one independent candidate.
If more than one candidate is to be nominated or elected to the same office the ballot shall so state, as for instance, "For state senator, any two to be elected." In the independent column if there is more than one candidate for a single office the ballot shall so state, as for instance, "For United States Senator, one to be elected."
Source:
SL 1925, ch 160; SDC 1939, §16.1105 (2); SL 1964, ch 60, §1; SL 1974, ch 118, §72.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-8 - Order of listing candidates for same office in same column.

12-16-8. Order of listing candidates for same office in same column.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-9 - Form for official ballot at general election.

12-16-9. Form for official ballot at general election.
The form of the official general election ballot shall be prescribed by the State Board of Elections in accordance with other provisions of the law.
Source:
SL 1925, ch 160; SL 1929, ch 116, §2; SDC 1939, §16.1105 (5); SL 1964, ch 60, §2; SL 1974, ch 118, §74; SL 1976, ch 105, §44.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-10 - Election of two or more candidates to same office--Official ballot.

12-16-10. Election of two or more candidates to same office--Official ballot.
If two or more members of the State House of Representatives or the county commission are to be elected at large from a county, that portion of the official ballot shall also be prescribed, in accordance with §12-16-8, by the State Board of Elections.
Source:
SDC 1939, §16.1105 as added by SL 1964, ch 60, §2; SL 1972, ch 87; SL 1976, ch 105, §45; SL 1985, ch 112, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-10.1 - Candidacy for more than one office prohibited--Exception.

12-16-10.1. Candidacy for more than one office prohibited--Exception.
No person's name may appear on the general election ballot as a candidate for election to more than one public office except for the office of President of the United States or vice president of the United States.
Source:
SL 2019, ch 72, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-11 - Separate nonpolitical judiciary ballot.

12-16-11. Separate nonpolitical judiciary ballot.
At each general election when judicial officers are elected, there shall be a separate ballot entitled "nonpolitical judiciary ballot" which shall be prescribed by the State Board of Elections.
Source:
SL 1921, ch 224, §7; SDC 1939, §16.1105 (6); SL 1971, ch 92, §1; SL 1974, ch 118, §75; SL 1976, ch 105, §46.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-14 - Affidavit for correction of errors in ballot--Circuit court order--Patent errors corrected without order.

12-16-14. Affidavit for correction of errors in ballot--Circuit court order--Patent errors corrected without order.
Whenever it shall appear by affidavit that an error has occurred in the publication of the names or descriptions of the candidates nominated for office or in the printing of any sample or official ballots, the judge of the circuit court, upon application of any voter, shall by an order require the county auditor or other officer charged with the duty of preparing ballots to correct such error or to show cause at such time and place as under the circumstances he may deem necessary why such error should not be corrected. The county auditor or such other officer shall, upon his own motion, correct without delay any patent error in ballots which he may discover or which shall be brought to his attention.
Source:
SL 1897, ch 60, §16; RPolC 1903, §1889; RC 1919, §7238; SDC 1939, §16.1102; SL 1974, ch 118, §76.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-15 - Posting of sample ballots.

12-16-15. Posting of sample ballots.
The county auditor shall post sample ballots in a manner that can be plainly seen and read by the public.
Source:
SDC 1939, §§16.1101, 16.1304; SL 1959, ch 96; SL 1963, ch 112; SDCL, §12-13-13; SL 1974, ch 118, §77; SL 1997, ch 79, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-16 - Publication of facsimile ballots--Time for publication.

12-16-16. Publication of facsimile ballots--Time for publication.
The county auditor shall publish, in each official newspaper of the county, facsimiles of the official ballots of each election in which the voters of the entire county participate. The facsimile shall be published at least once in each official newspaper within the two calendar weeks prior to each election.
Source:
SDC 1939, §16.1101 as added by SL 1963, ch 112; SDCL §12-13-14; SL 1972, ch 82, §5; SL 1974, ch 118, §78; SL 1979, ch 100, §3; SL 1982, ch 28, §45; SL 1982, ch 126, §3; SL 1991, ch 121, §1; SL 1997, ch 79, §3; SL 2003, ch 43, §2; SL 2006, ch 69, §1; SL 2019, ch 76, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-16.1 - Publication of facsimile ballots by counties using same legal newspaper.

12-16-16.1. Publication of facsimile ballots by counties using same legal newspaper.
If two or more counties use the same legal newspaper and use the same type of ballot, that portion of the ballot which each county votes on in common may have its facsimile published once. If a portion of the ballot is not voted on in common, a facsimile of that portion of the ballot may be published simultaneously but separate from the common portion of the ballot and shall contain a description of who will vote on that portion of the ballot.
Source:
SL 1991, ch 121, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-16.2 - Publication of facsimile ballots--Compensation of newspapers.

12-16-16.2. Publication of facsimile ballots--Compensation of newspapers.
This section applies when a facsimile ballot is published. The newspaper shall be compensated for publication of the facsimile ballot at the same rate as the general display rate or the qualifying contract rate, whichever is less, for the newspaper. The published facsimile may be reduced in size proportionately up to fifty percent but in no case may the ballot wording be in a type less than eight point. If a portion of a candidate ballot is not voted on in the entire county, a facsimile of that portion of the ballot may be published simultaneously but separate from the candidate ballot and shall contain a description of who will vote on that portion of the ballot. If at least fifty percent of a ballot is blank, the blank portion does not need to be printed.
Source:
SL 2006, ch 69, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-17 - Number of official and sample ballots provided to precincts--Reserve supply retained and delivered on request--Samples or photocopies used in emergency.

12-16-17. Number of official and sample ballots provided to precincts--Reserve supply retained and delivered on request--Samples or photocopies used in emergency.
The county auditor shall provide official and sample ballots to each precinct in the county. The quantity provided for a primary election shall be at least ten percent more than the number of votes cast for the gubernatorial candidate of the respective parties in the preceding gubernatorial primary election. The quantity provided for a general election shall be at least ten percent more than the number of votes cast for all candidates for Governor as shown by the returns of the last preceding gubernatorial election. The county auditor shall also provide and retain in that office an ample supply of all official ballots, and if at any time before or during an election, an additional supply for any precinct shall be requested by the precinct superintendent, the county auditor shall immediately cause to be delivered, to the precinct superintendent, a supply of extra official ballots. If the supply of official ballots has been completely exhausted, the county auditor may make emergency substitution by delivering or authorizing the use of sample ballots or photocopies of the official ballot. The election board shall account for any sample ballots or photocopies authorized to be used.
Source:
SDC 1939, §§16.0218, 16.1101; SL 1959, ch 91; SL 1959, ch 95; SL 1961, ch 93, §2; SL 1963, ch 112; SDCL, §12-6-17; SL 1972, ch 82, §§1, 5; SL 1974, ch 118, §79; SL 1976, ch 105, §47; SL 1999, ch 69, §13.