reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-18 - Delivery of ballots to precinct superintendents--Packaging and marking--Receipts.

12-16-18. Delivery of ballots to precinct superintendents--Packaging and marking--Receipts.
The county auditor shall, not later than the opening of the polls on the day of the election, cause to be delivered to the superintendent of election of each precinct the proper number of ballots provided for the use of the voters of such precinct at such election. The same shall be delivered in sealed packages, with marks on the outside of each package clearly stating the polling place for which it is intended, together with the number of ballots enclosed. Receipts for ballots, showing the number delivered, shall be given by the superintendent of election, which receipts shall at once be forwarded to the county auditor.
Source:
SL 1897, ch 60, §17; RPolC 1903, §1890; RC 1919, §7239; SL 1929, ch 118, §25; SL 1931, ch 143, §1; SDC 1939, §§16.0219, 16.1103; SL 1961, ch 100; SDCL, §12-6-20; SL 1972, ch 82, §2; SL 1974, ch 118, §80.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-19 - Delivery of ballots and supplies at instruction meeting--Sheriff to receive in absence of precinct superintendent or precinct deputy.

12-16-19. Delivery of ballots and supplies at instruction meeting--Sheriff to receive in absence of precinct superintendent or precinct deputy.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-20 - Delivery of unbroken package to election board--Receipts.

12-16-20. Delivery of unbroken package to election board--Receipts.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-21 - Replacement of ballots lost, stolen, or not delivered--Additional ballots.

12-16-21. Replacement of ballots lost, stolen, or not delivered--Additional ballots.
In case the ballots to be furnished to any precinct are, for any reason, not duly delivered or received, or if the delivery has been exhausted, destroyed, or stolen, the precinct superintendent shall immediately procure from the county auditor replacement ballots.
Source:
SDC 1939, §16.1104; SL 1974, ch 118, §82; SL 1999, ch 69, §16.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-23 - Voting rights notices and instructions.

12-16-23. Voting rights notices and instructions.
The county auditor shall cause to be printed, in large type on cards in the English language, voting rights notices and instructions for the guidance of voters in preparing their ballots in the form as prescribed by the State Board of Elections and deliver the cards with the ballots in sufficient numbers to meet the requirements of §12-16-25.
Source:
SL 1897, ch 60, §34; RPolC 1903, §1894; RC 1919, §7243; SDC 1939, §16.1107; SL 1974, ch 118, §83; SL 2011, ch 80, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-25 - Posting of instruction cards and posters in polling place.

12-16-25. Posting of instruction cards and posters in polling place.
A member of the precinct election board may post no less than one of the instruction cards in each booth or compartment provided for the voting of ballots and not less than two of the instruction posters elsewhere in and about the polling place upon the day of election.
Source:
SDC 1939, §16.1107; SL 1999, ch 69, §17; SL 2006, ch 28, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-26 - Construction of ballot boxes--Openings.

12-16-26. Construction of ballot boxes--Openings.
Ballot boxes shall be so constructed to preclude the removal of any material therefrom except by means of an opening which may be secured in the closed position by means of a metal seal which will preclude opening of the box without the destruction of the seal; materials used in the construction of ballot boxes shall be such that they will prevent tampering with or mutilation of ballots within them. There shall be a second opening in each such ballot box, at the top when the box is upright, not larger than is sufficient to admit a single closed ballot to be inserted therein at one time.
Source:
SL 1963, ch 118; SL 1963, ch 119; SDCL, §12-16-27; SL 1974, ch 118, §84.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-28 - Pollbooks--Voter registration lists.

12-16-28. Pollbooks--Voter registration lists.
The person in charge of an election shall provide paper ballot precincts with a pollbook in the form prescribed by the State Board of Elections for each election precinct for the purposes of §12-18-5. If any jurisdiction uses electronic pollbooks, but does not use vote centers, the person in charge of the election shall provide a printed paper voter registration list and a printed and bound paper pollbook to each precinct prior to the opening of the polls.
Source:
PolC 1877, ch 27, §46; CL 1887, §1485; RPolC 1903, §1895; RC 1919, §7244; SL 1931, ch 143, §2; SDC 1939, §16.1108; SL 1974, ch 118, §85; SL 1993, ch 113, §1; SL 2019, ch 75, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-30 - Official stamp for ballots--Delivery of stamp and supplies.

12-16-30. Official stamp for ballots--Delivery of stamp and supplies.
Before opening the polls the county auditor or officer charged with the conduct of a local election shall deliver to the precinct superintendent of each precinct within the county, for use at the polling place of the precinct, a rubber stamp. The stamp shall contain the words, official ballot, the name or number of the election precinct, the name of the jurisdiction holding the election, and the date of the election. The date may be omitted if it is pre-printed on all ballots for the election. The stamp and other supplies for the election shall be delivered and receipted for by a member of the precinct election board in the manner and at the time as provided in this chapter for the delivery and receipt of packages of ballots.
Source:
SDC 1939, §16.1106; SL 1974, ch 118, §86; SL 1998, ch 82, §1; SL 1999, ch 69, §18.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-32 - Separate tally sheets provided.

12-16-32. Separate tally sheets provided.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-34 - Rules and columns on tally sheets.

12-16-34. Rules and columns on tally sheets.
The tally sheets in the area for tallying votes cast shall be ruled by horizontal and perpendicular lines so as to form squares of suitable size to contain five tally marks each, four of which may be upright and the fifth crossing the same at an oblique angle, every fifth perpendicular line in the ruling to be red, so that five squares for tally marks are contained between each two red lines. In a perpendicular column at the left margin of each tally sheet, there shall be left sufficient space so that there may be printed or written in ink in plain and legible manner the names of all candidates and all questions submitted to the voters at the election, in the same order that they are arranged upon the official ballots used in such election. At the extreme right margin of the tally sheet there shall be a perpendicular column labeled as follows: "Total Votes."
Source:
SDC 1939, §16.1109; SL 1961, ch 101, §1; SL 1997, ch 81, §3.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-35 - Listing of candidates and submitted questions on tally sheets.

12-16-35. Listing of candidates and submitted questions on tally sheets.
The names of candidates and all questions submitted to the voters shall be listed in the perpendicular column at the left of the tally sheet as required by §12-16-34.
Source:
SDC 1939, §16.1109 as added by SL 1961, ch 101, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-36 - Space for tally marks and vote totals on tally sheets.

12-16-36. Space for tally marks and vote totals on tally sheets.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-37 - Space for tallying votes on submitted questions.

12-16-37. Space for tallying votes on submitted questions.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-38 - Tallying and marking of votes--Entry of total votes.

12-16-38. Tallying and marking of votes--Entry of total votes.
After the tallying and marking in the tally sheet of the votes for each candidate, the number of votes so tallied for each candidate shall be counted, and the numerical result shall be placed in the column opposite the candidate's name.
Source:
SDC 1939, §16.1109 as added by SL 1961, ch 101, §1; SL 1997, ch 81, §5.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-39 - Tally sheets for candidates and submitted questions.

12-16-39. Tally sheets for candidates and submitted questions.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 16 - Ballots And Election Supplies › Section 12-16-41 - Tally lists govern over certificate.

12-16-41. Tally lists govern over certificate.
In any case in which the certificate of the members of the precinct election board as to the number of votes cast for any candidate or in favor of or against any question submitted to the voters may not agree with the votes as shown by the tally list, the canvassing board to which the returns are made shall take as correct the number of votes shown by the tally list rather than the certificate.
Source:
SDC 1939, §16.1109; SL 1961, ch 101, §1; SL 1974, ch 118, §88; SL 1999, ch 69, §20.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 17B - Automatic Tabulating Systems › Section 12-17B-1 - Definition of terms.

12-17B-1. Definition of terms.
Terms used in this chapter mean:
(1)"Automatic tabulating equipment," the apparatus necessary to automatically examine and count votes as designated on ballots or entered directly into a computer by means of a touch screen or other data entry device and data processing machines which can be used for counting these votes and tabulating results;
(2)"Ballot," paper ballots containing the names of candidates and statements of measures to be voted on;
(3)"Counting location," any location selected by the person in charge of the election for the counting of votes cast in an election. A counting location shall be within the territorial jurisdiction of such person unless there is no suitable tabulating equipment available within the jurisdiction. However, in any event, all counting locations shall be within this state;
(4)"Electronic ballot marking system," any electronic device which marks votes on a ballot;
(5)"Optical scan," a procedure in which votes are tabulated by means of examining marks made in voting response locations on the ballots with an optical mark reader (OMR);
(6)"Resolution board," a board at an automatic tabulating location comprised of a representative from each political party having a candidate on the ballot and whose candidate on the county-wide ballot at the last general election received at least fifteen percent of the votes. The county auditor may request additional board members balanced evenly by party. If the resolution board consists of more than one member from each party, the party shall designate which member of the party shall serve as co-leader of the resolution board. The co-leaders shall ensure that each board member is conducting resolution board duties uniformly and in accordance with applicable statutes and administrative rules. The board shall determine the disposition of those ballots which cannot be properly counted by the tabulating equipment and observe the activities at the counting location on behalf of the board member's respective party affiliation. In strictly nonpartisan elections, the resolution board shall be comprised of two persons who are not employees of the jurisdiction conducting the election and shall be appointed by the person in charge of the election.
Source:
SL 1994, ch 110, §5; SL 2002, ch 75, §1; SL 2005, ch 92, §2; SL 2008, ch 34, §12; SL 2018, ch 81, §1, eff. Feb. 5, 2018.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 17B - Automatic Tabulating Systems › Section 12-17B-2 - Requirements for automatic tabulating, electronic ballot marking, and election voting equipment systems--Approval of changes or modifications.

12-17B-2. Requirements for automatic tabulating, electronic ballot marking, and election voting equipment systems--Approval of changes or modifications.
Any automatic tabulating or electronic ballot marking system used in an election shall enable the voter to cast a vote for all offices and on all measures on which the voter is entitled to vote. No automatic tabulating, electronic ballot marking, or election voting equipment system may be connected to the internet. No ballot marking device may save or tabulate votes marked on any system. Each system shall fulfill the requirements for election assistance commission standards certification and be approved by the State Board of Elections prior to distribution and use in this state. No system may be approved unless the system fulfills the requirements as established by the State Board of Elections. Any changes or modifications to an approved system shall be approved by the State Board of Elections prior to distribution and use.
Source:
SL 1994, ch 110, §6; SL 2005, ch 92, §3; SL 2018, ch 81, §2, eff. Feb. 5, 2018.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 17B - Automatic Tabulating Systems › Section 12-17B-3 - Authority of governing body to adopt, experiment with or abandon system.

12-17B-3. Authority of governing body to adopt, experiment with or abandon system.
Any governing body having supervision of elections within any political subdivision may adopt, experiment with, or abandon any automatic tabulating or electronic ballot marking system approved for use by the State Board of Elections. Any governing body may use the system in all or some of the precincts within its jurisdiction or in combination with any other type of voting system approved for use by the State Board of Elections.
Source:
SL 1994, ch 110, §7; SL 2005, ch 92, §4; SL 2018, ch 81, §4, eff. Feb. 5, 2018.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 17B - Automatic Tabulating Systems › Section 12-17B-4 - Contract by political subdivision with county for use of system.

12-17B-4. Contract by political subdivision with county for use of system.
The governing body of a political subdivision may contract with any county for the use of an automatic tabulating or electronic ballot marking system for elections within the political subdivision.
Source:
SL 1994, ch 110, §8; SL 2005, ch 92, §5; SL 2018, ch 81, §5, eff. Feb. 5, 2018.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 17B - Automatic Tabulating Systems › Section 12-17B-5 - Testing system before election--Certification of errorless machine--Promulgation of rules--Public notice--Independent candidate and ballot committee contact information.

12-17B-5. Testing system before election--Certification of errorless machine--Promulgation of rules--Public notice--Independent candidate and ballot committee contact information.
Not more than ten days prior to an election, the person in charge of the election shall conduct a test of the automatic tabulating equipment to ascertain that the equipment will correctly count the votes cast for all offices and on all measures. The test must be open to the public. The person in charge of the election shall notify the county chair of each political party with a candidate on the ballot, any independent candidate or candidate without party affiliation on the ballot, and the ballot question committees for or against an initiated or referred measure or initiated constitutional amendment of the testing of the automatic tabulating equipment one week before the test is conducted. The person in charge of the election shall post notice of the time and place of the test in the same manner as a public meeting agenda, pursuant to §1-25-1.1.
If an errorless count by an automatic tabulating machine is achieved by the test, the person in charge of the election shall certify the machine. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the certification of properly functioning automatic tabulating equipment under this section.
If an error is detected, the cause of the error shall be determined and corrected. Once the error is corrected, the person in charge of the election shall conduct a new test of the automatic tabulating equipment. The person in charge of the election may not approve the automatic tabulating equipment until an errorless count is made.
Any additional testing required to achieve an errorless count must be open to the public. The person in charge of the election shall post notice of the time and place of an additional test in the same manner as a public meeting agenda, pursuant to §1-25-1.1. The person in charge of the election shall notify the county chair of each political party with a candidate on the ballot, any independent candidate or candidate without party affiliation on the ballot, and the ballot question committees for or against an initiated or referred measure or initiated constitutional amendment of the testing of the automatic tabulating equipment twenty-four hours prior to the test.
The secretary of state shall provide each county auditor with the contact information for any independent candidate, candidate without party affiliation appearing on the ballot, and the ballot question committees for or against an initiated or referred measure or initiated constitutional amendment in the auditor's county.
Source: SL 1994, ch 110, §9; SL 2023, ch 49, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 17B - Automatic Tabulating Systems › Section 12-17B-5.1 - Procedure for testing system before election--Test ballots retained.

12-17B-5.1. Procedure for testing system before election--Test ballots retained.
The person in charge of the election shall test the automatic tabulating equipment by processing a predetermined number of ballots on which are recorded a predetermined number of valid votes for each candidate and measure. The test of the automatic tabulating equipment must also include at least one ballot for each office that has votes exceeding the number allowed by law in order to test the ability of the automatic tabulating equipment to reject invalid votes. During the test, a different number of valid votes must be assigned to each candidate for an office and for and against each measure. A ballot used to test the automatic tabulating equipment must be clearly marked as a test ballot. After each test, the testing materials and the predetermined number of ballots used during the test must be sealed and retained in the same manner as election materials after an election.
Source: SL 2023, ch 49, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 17B - Automatic Tabulating Systems › Section 12-17B-5.2 - Updates to automatic tabulating equipment prohibited after testing--Seal--Promulgation of rules.

12-17B-5.2. Updates to automatic tabulating equipment prohibited after testing--Seal--Promulgation of rules.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 17B - Automatic Tabulating Systems › Section 12-17B-6 - Sufficient amount of equipment and supplies required.

12-17B-6. Sufficient amount of equipment and supplies required.
The person in charge of the election shall provide a sufficient number of voting equipment and supplies to accommodate the voters and avoid unreasonable waiting times for casting ballots.
Source:
SL 1994, ch 110, §10; SL 2005, ch 92, §6.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 17B - Automatic Tabulating Systems › Section 12-17B-6.1 - Electronic ballot marking system required where candidate for federal office on ballot.

12-17B-6.1. Electronic ballot marking system required where candidate for federal office on ballot.
If a candidate for federal office appears on the ballot at a polling place, such polling place is required to have an electronic ballot marking system present.
Source:
SL 2006, ch 70, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 17B - Automatic Tabulating Systems › Section 12-17B-7 - Voting instructions--Manner of giving instructions.

12-17B-7. Voting instructions--Manner of giving instructions.
Before entering the voting booth, any voter may request instruction in the proper procedure for marking the ballot to ensure that the tabulating equipment is able to read the vote cast. No instructions may be given to the voter while in the voting booth. However, any voter using an electronic ballot marking system may request instruction in the proper operation of the system at any time. No precinct official or person assisting a voter may in any manner request, suggest, or seek to persuade or induce any voter to cast a vote for any particular ticket, candidate, or measure to be voted on. All instructions shall be given in such a manner that it may be observed by other persons in the polling place.
Source:
SL 1994, ch 110, §11; SL 2004, ch 108, §2; SL 2006, ch 70, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 17B - Automatic Tabulating Systems › Section 12-17B-9 - Transporting sealed ballot box.

12-17B-9. Transporting sealed ballot box.
Upon completion of the voting and after sealing the ballot box, two of the members of the precinct election board, of different major political parties, shall, by the most direct route, transport the box to the central counting location designated by the person in charge of the election or the ballots may be transported to the counting location by a sheriff's deputy and two deputy county auditors, one of each major political party, or by two deputy county auditors, one of each major political party.
Source:
SL 1994, ch 110, §13; SL 1999, ch 69, §21.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 17B - Automatic Tabulating Systems › Section 12-17B-10 - Direction of proceedings at counting location--Open to public.

12-17B-10. Direction of proceedings at counting location--Open to public.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 17B - Automatic Tabulating Systems › Section 12-17B-11 - Equal party representation amongst persons employed to receive, process or tabulate ballots--Submission of employee list--Oath required.

12-17B-11. Equal party representation amongst persons employed to receive, process or tabulate ballots--Submission of employee list--Oath required.
Except for any specially trained technicians representing the equipment vendor and required for the operation of the automatic tabulating equipment, there shall be equal representation from each political party having a candidate on the ballot and whose candidate on the county-wide ballot at the last general election received at least fifteen percent of the votes amongst those employed or authorized to receive, process, or tabulate the ballots. The proposed list of employees shall be submitted to each county party chairperson at least thirty days prior to the election. Each person shall, prior to discharging any duties, take and subscribe to an oath as prescribed by the State Board of Elections.
Source:
SL 1994, ch 110, §15; SL 2007, ch 75, §3.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 17B - Automatic Tabulating Systems › Section 12-17B-12 - Test of system repeated prior to counting ballots.

12-17B-12. Test of system repeated prior to counting ballots.
The test required by §12-17B-5 shall be repeated immediately before the start of the official count of the ballots.
Source:
SL 1994, ch 110, §16.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 17B - Automatic Tabulating Systems › Section 12-17B-13 - Procedure for tabulating votes--Results as unofficial returns--Certification by board.

12-17B-13. Procedure for tabulating votes--Results as unofficial returns--Certification by board.
The procedure for tabulating the votes by the automatic tabulating equipment shall be under the direction of the person in charge of the election, and shall conform to the specifications and requirements of the automatic tabulating equipment. The results printed by the automatic tabulating equipment shall constitute the immediate unofficial returns. These returns shall be open to the public. The final returns printed by the automatic tabulating equipment shall be presented to the canvassing board for review and certification as the official returns.
Source:
SL 1994, ch 110, §17.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 17B - Automatic Tabulating Systems › Section 12-17B-13.1 - Operation of automatic tabulating equipment--Return of ballots--Out-stacking of ballots.

12-17B-13.1. Operation of automatic tabulating equipment--Return of ballots--Out-stacking of ballots.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 17B - Automatic Tabulating Systems › Section 12-17B-15 - Sealing and storing tabulated ballots and program board.

12-17B-15. Sealing and storing tabulated ballots and program board.
After the tabulating procedure is completed, the ballots shall be placed in boxes and resealed. Any program board which may be used in the automatic tabulating equipment shall be removed and stored similarly to the ballots.
Source:
SL 1994, ch 110, §19.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 17B - Automatic Tabulating Systems › Section 12-17B-16 - Recount procedures.

12-17B-16. Recount procedures.
Automatic tabulating equipment must be tested prior to a recount or election contest as provided in §§12-17B-5 to 12-17B-5.2, inclusive, and then the official ballots must be recounted. The recount board shall certify the new returns printed by the automatic tabulating equipment as the official returns for the election. The person in charge of the election shall sign and seal the new returns printed by the automatic tabulating equipment and make the new returns public.
Source: SL 1994, ch 110, §20; SL 2023, ch 49, §4.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 17B - Automatic Tabulating Systems › Section 12-17B-17 - Promulgation of rules.

12-17B-17. Promulgation of rules.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 17B - Automatic Tabulating Systems › Section 12-17B-18 - Post-election audit--Auditing board--Members--Promulgation of rules.

12-17B-18. Post-election audit--Auditing board--Members--Promulgation of rules.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 17B - Automatic Tabulating Systems › Section 12-17B-19 - Post-election audit--Payment of costs--Promulgation of rules.

12-17B-19. Post-election audit--Payment of costs--Promulgation of rules.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 17B - Automatic Tabulating Systems › Section 12-17B-20 - Post-election audit--Procedure--Precinct defined.

12-17B-20. Post-election audit--Procedure--Precinct defined.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 17B - Automatic Tabulating Systems › Section 12-17B-21 - Post-election audit open to the public--Notification.

12-17B-21. Post-election audit open to the public--Notification.
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.
Source: SL 2023, ch 50, §4.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 17B - Automatic Tabulating Systems › Section 12-17B-22 - Publication of results.

12-17B-22. Publication of results.
The county auditor shall send the results of the post-election audit to the secretary of state and present the results of the audit to the county commission at its next meeting. The results of the audit shall be included in the minutes of the county commission meeting.
The secretary of state shall publish the results of the post-election audit on the secretary of state's website.
Source: SL 2023, ch 50, §5.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 17B - Automatic Tabulating Systems › Section 12-17B-23 - Post-election audit--Notice to candidates impacted--Recount petition.

12-17B-23. Post-election audit--Notice to candidates impacted--Recount petition.
If the results of the post-election audit show a discrepancy in the results greater than the margin by which any contest for elected office on the ballot in the county was decided, the auditor shall notify the candidates for that office. Any candidate who receives a notification from the county auditor shall have an additional seven days from the date from when the auditor sends the notification to file a verified petition requesting a recount of the official returns pursuant to §§12-21-10 or 12-21-11. The petition may be filed regardless of the margin by which the contest was decided.
Source: SL 2023, ch 50, §6.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 17B - Automatic Tabulating Systems › Section 12-17B-24 - Post-election audit not required with particular recounts.

12-17B-24. Post-election audit not required with particular recounts.
If a recount of any contest is conducted in a county, the county auditor is not required to conduct a post-election audit pursuant to §12-17B-18.
Source: SL 2023, ch 50, §7.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 17B - Automatic Tabulating Systems › Section 12-17B-25 - Post-election audit--Ballots secured.

12-17B-25. Post-election audit--Ballots secured.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-1 - Preparation for voting--Booths, electronic ballot marking system, and supplies to be provided--Private voting required.

12-18-1. Preparation for voting--Booths, electronic ballot marking system, and supplies to be provided--Private voting required.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-1.1 - Verification of blank ballots received.

12-18-1.1. Verification of blank ballots received.
Before the opening of the polls the members of the precinct election board shall count and verify against the receipt given the ballots delivered to the precinct for the purposes of the election.
Source:
SL 1974, ch 118, §104; SL 1999, ch 69, §22.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-1.2 - Specific duties of precinct superintendent.

12-18-1.2. Specific duties of precinct superintendent.
The precinct superintendent shall have charge of the conduct at the polling place and supervise the precinct deputies. The precinct superintendent shall issue instructions and assign the duties to each person for maintaining the registration lists and the pollbook and issuing and receiving the official ballots. The duties for each person may be interchanged or rotated during the course of the day.
Source:
SDC 1939, §§16.0223, 16.1006; SDCL, §§12-6-25, 12-18-12; SL 1972, ch 82, §7; SL 1974, ch 118, §106; SL 1989, ch 130; SL 1994, ch 107, §27; SL 1999, ch 69, §23.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-1.4 - Attendance by election officials during voting and counting.

12-18-1.4. Attendance by election officials during voting and counting.
At all times after the polls are opened the precinct election officials shall remain at the polling place with the ballot boxes until the polls are closed and they have completed their duties.
Source:
SL 1974, ch 118, §105; SL 1975, ch 123; SL 1975, ch 119, §10; SL 1993, ch 118, §14; SL 1996, ch 94, §27.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-1.5 - Attendance until polls closed by precinct superintendent and precinct deputies in precincts with counting boards--Attendance by board members during counting.

12-18-1.5. Attendance until polls closed by precinct superintendent and precinct deputies in precincts with counting boards--Attendance by board members during counting.
In those precincts where counting boards have been appointed, the precinct superintendent and precinct deputies shall remain at the place of election at all times after the polls are opened until the polls are closed, the election supplies are turned over to the counting board and the certificate and receipt required by §12-20-1 have been signed. At this time, the counting board shall assume its duties and the election board is excused. The members of the counting board shall remain at the place of vote counting at all times from the time the counting board assumes the duties until the completion of the vote count and execution of the returns on the election.
Source:
SDCL, §12-18-1.4 as added by SL 1975, ch 119, §10; SL 1976, ch 105, §52; SL 1993, ch 118, §15; SL 1999, ch 69, §25.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-3 - Electioneering, offices, distracting communications devices, and signature gathering prohibited near polling place--Violation as misdemeanor.

12-18-3. Electioneering, offices, distracting communications devices, and signature gathering prohibited near polling place--Violation as misdemeanor.
Except for sample ballots and materials and supplies necessary for the conduct of the election, no person may, in any polling place or within or on any building in which a polling place is located or within one hundred feet from any entrance leading into a polling place, maintain a campaign office or public address system, or use any communication or photographic device in a manner which repeatedly distracts, interrupts, or intimidates any voter or election worker, or display campaign posters, signs, or other campaign materials or by any like means solicit any votes for or against any person or political party or position on a question submitted or which may be submitted. No person may engage in any practice which interferes with the voter's free access to the polls or disrupts the administration of the polling place, or conduct any petition signature gathering, on the day of an election, within one hundred feet of a polling place. For the purposes of this section, the term, polling place, means a designated place voters may go to vote on the day of the election or go to vote absentee. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1897, ch 60, §39; RPolC 1903, §1923; RC 1919, §7273; SL 1921, ch 222, §1; SDC 1939, §§16.1209, 16.9920; SL 1974, ch 118, §103; SL 1982, ch 86, §84; SL 1985, ch 114; SL 2008, ch 34, §14; SL 2009, ch 69, §5; SL 2014, ch 71, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-3.1 - Simulated elections--Access to polling place--Impartiality required--Notice to county auditor.

12-18-3.1. Simulated elections--Access to polling place--Impartiality required--Notice to county auditor.
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.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-4 - Examination and sealing of ballot box before opening of polls--Closed until counting of vote.

12-18-4. Examination and sealing of ballot box before opening of polls--Closed until counting of vote.
Before opening the polls each ballot box shall be carefully examined by the members of the precinct election board and everything in each ballot box shall be removed. Each ballot box shall then be sealed and may not be opened during the election except for vote counting as provided for in chapter 12-20.
Source:
SDC 1939, §16.1011; SL 1976, ch 105, §53; SL 1993, ch 118, §16; SL 1999, ch 69, §26.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-4.1 - Preparation for voting--Booths, electronic ballot marking system, and supplies to be provided--Private voting required.

12-18-4.1. Preparation for votingBTest ballotsBCustody of key activating system.
Before any poll is opened, each electronic ballot marking system shall be prepared for voting. The precinct superintendent shall test the system by using the system to mark at least two ballots. The test ballots shall be provided by the person in charge of the election and clearly marked with words, Test Ballot. If the system does not properly mark the test ballots, the precinct superintendent shall work on the system until a successful test is conducted. The precinct superintendent shall maintain custody of the key to activate the system at all times.
Source:
SL 2006, ch 70, §4.