reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-5 - Poll lists maintained by member of precinct election board.

12-18-5. Poll lists maintained by member of precinct election board.
A member of the precinct election board belonging to a political party which is not the same as the political party of the member of the precinct election board who has the registration list shall keep a poll list in paper or electronic format which contains in numerical order the names of all persons voting at the election and the type of ballot voted.
Source:
SDC 1939, §16.1008; SL 1974, ch 118, §109; SL 1993, ch 113, §10; SL 1996, ch 94, §28; SL 1999, ch 69, §27; SL 2009, ch 69, §6.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-6.1 - Voters required to provide identification before voting.

12-18-6.1. Voters required to provide identification before voting.
When the voter is requesting a ballot, the voter shall present a valid form of personal identification. The personal identification that may be presented shall be either:
(1)A South Dakota driver's license or nondriver identification card;
(2)A passport or an identification card, including a picture, issued by an agency of the United States government;
(3)A tribal identification card, including a picture; or
(4)A current student identification card, including a picture, issued by a high school or an accredited institution of higher education, including a university, college, or technical school, located within the State of South Dakota.
Source:
SL 2003, ch 82, §1; SL 2004, ch 108, §3; SL 2006, ch 71, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-6.2 - Affidavit in lieu of personal identification.

12-18-6.2. Affidavit in lieu of personal identification.
If a voter is not able to present a form of personal identification as required by §12-18-6.1, the voter may complete an affidavit in lieu of the personal identification. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the form of the affidavit. The affidavit shall require the voter to provide his or her name and address. The voter shall sign the affidavit under penalty of perjury.
Source:
SL 2003, ch 82, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-6.3 - Verification of identity--Provisional ballot if identity not verified.

12-18-6.3. Verification of identity--Provisional ballot if identity not verified.
The person making an application for ballots shall announce his or her name and present his or her personal identification. A member of the precinct election board shall then verify that the picture on the personal identification presented under §12-18-6.1 matches such person and that the name on the personal identification appears on the voter registration list pursuant to §12-18-7.1. If the member cannot determine from the personal identification presented that the person making an application for ballots is the person listed on the voter registration list, the member may consider other forms of identification, personal knowledge and an explanation from the person making an application for ballots to match that person's name to a name on the registration list. If identity cannot be proven to the satisfaction of the member of the precinct election board or if the person making an application for ballots is challenged on the basis of identity by a member or a poll watcher, the person may vote a provisional ballot.
Source:
SL 2003, ch 82, §7.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-7.1 - Registered persons entitled to vote--Voting on acknowledgment notice--Verification with auditor--Emergency voting card.

12-18-7.1. Registered persons entitled to vote--Voting on acknowledgment notice--Verification with auditor--Emergency voting card.
Any person whose name appears on the precinct registration list may vote at that election. However, if a person's name does not appear on the registration list, but the person does present an acknowledgment notice, the person shall be permitted to vote if one of the members of the precinct election board communicates with the office of the county auditor and confirms that the person's name was erroneously omitted from the list. If it is not possible to communicate with the office of county auditor, the person may vote after executing an emergency voting card pursuant to §12-18-7.2.
Source:
SL 1961, ch 92, §21 as enacted by SL 1969, ch 83, §5; SL 1970, ch 86, §5; SL 1974, ch 118, §110; SL 1990, ch 107; SL 1994, ch 107, §28; SL 1999, ch 69, §28.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-7.2 - Voting without acknowledgment notice on verification by auditor--Emergency voting card.

12-18-7.2. Voting without acknowledgment notice on verification by auditor--Emergency voting card.
If any person attempting to vote in any election claims to be registered or any person attempting to vote in any election claims to be in the inactive registration file but does not possess an acknowledgment notice and the person's name does not appear in the registration list of the precinct, the person may vote if one of the members of the precinct election board first confirms by telephone or other means with the county auditor or a deputy auditor that the name was erroneously omitted from the list, and an emergency voting card, in duplicate, in the form prescribed by the State Board of Elections is signed by the applicant and each member of the precinct election board. The original emergency voting card shall be retained by the precinct superintendent as part of the precinct superintendent's permanent records, and the duplicate shall be given to the voter. In a primary election, the party affiliation of any voter using the emergency voting procedure of this section shall be designated on the emergency voting card.
Source:
SL 1961, ch 92, §21 as enacted by SL 1969, ch 83, §5; SL 1970, ch 86, §9; SL 1974, ch 118, §111; SL 1976, ch 105, §54; SL 1994, ch 107, §30; SL 1999, ch 69, §29; SL 2002, ch 40, §16.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-7.4 - Affirmation of voter's address.

12-18-7.4. Affirmation of voter's address.
Any person whose name appears on the inactive registration list in the possession of the precinct superintendent may vote in any election following completion of an affirmation of the person's address in this state. If the voter has moved to a new address within the state, this affirmation shall serve as a new registration. The affirmation shall be prescribed by the State Board of Elections.
Source:
SL 1994, ch 107, §29.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-8.1 - Number of poll watchers set by state board--Rules.

12-18-8.1. Number of poll watchers set by state board--Rules.
The State Board of Elections shall promulgate rules pursuant to chapter 1-26 setting the number of poll watchers which are allowed in each polling place.
Source:
SL 1975, ch 124, §2; SL 1998, ch 78, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-9 - Observation of voting and counting--Poll watchers' positions and accommodations.

12-18-9. Observation of voting and counting--Poll watchers' positions and accommodations.
Any person, except a candidate who is on the ballot being voted on at that polling place, may be present at any polling place for the purpose of observing the voting process. Any person may be present to observe the counting process. A candidate who is on the ballot being voted on at a polling place may only be present to cast the candidate's vote during voting hours. A number of poll watchers shall be permitted for each candidate at a primary election or political party and independent candidate at a general election pursuant to §12-18-8.1. Each polling place shall be arranged in a manner that permits each poll watcher to be positioned in a location where the poll watcher can plainly see and hear what is done within the polling place.
Source:
SL 1897, ch 60, §32; RPolC 1903, §1921; RC 1919, §7271; SDC 1939, §16.1207; SL 1972, ch 85, §3; SL 1974, ch 118, §113; SL 1975, ch 124, §1; SL 2004, ch 108, §4.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-9.1 - Poll watchers and waiting voters not to see into booths--Interference with official actions--Violation as misdemeanor.

12-18-9.1. Poll watchers and waiting voters not to see into booths--Interference with official actions--Violation as misdemeanor.
The superintendent of elections may order poll watchers and voters waiting to vote to position themselves where the poll watchers and voters cannot see into voting booths, read identifying numbers on photo identification cards, or interfere with voters in the act of voting or with the official actions of the election board. A violation of such an order is a Class 2 misdemeanor.
Source:
SL 1972, ch 85, §2; SL 1974, ch 118, §114; SL 1976, ch 105, §55; SL 1982, ch 86, §85; SL 1996, ch 94, §30; SL 2008, ch 34, §15.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-9.2 - Removal of unauthorized material and disobedient persons--Arrest authorized.

12-18-9.2. Removal of unauthorized material and disobedient persons--Arrest authorized.
Each election officer and all law enforcement officers shall remove materials in violation of §12-18-3 and disobedient persons in violation of §12-18-9.1 and arrest any person so interfering with the conduct of the election.
Source:
SL 1897, ch 60, §39; RPolC 1903, §1923; RC 1919, §7273; SL 1921, ch 222, §1; SDC 1939, §§16.1209, 16.9920; SDCL, §§12-18-3, 12-18-9.1; SL 1972, ch 85, §2; SL 1974, ch 118, §115; SL 1982, ch 86, §86.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-10 - Grounds for challenge of applicant to vote--Determination by judges--Notation on registration list.

12-18-10. Grounds for challenge of applicant to vote--Determination by judges--Notation on registration list.
If a person makes an application for ballots, or if an absentee ballot has been cast, the person's right to vote at that poll and election may be challenged only as to the person's identity as the person registered whom the person claims to be or on grounds that within fifteen days preceding the election the person has been convicted of a felony or declared by proper authority to be mentally incompetent. The proceedings shall be conducted before the precinct superintendent and precinct deputies who shall determine from the evidence presented whether or not the person is permitted to vote and the members of the precinct election board shall indicate beside the name on the registration list the ground stated and the result of the precinct election board's decision.
Source:
SDC 1939, §16.1207; SL 1974, ch 118, §116; SL 1999, ch 69, §30.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-12 - Stamping of ballot before delivery to voter.

12-18-12. Stamping of ballot before delivery to voter.
Before delivering a ballot to any voter the member of the precinct election board in charge of the ballots shall stamp on the ballot the official stamp provided for that purpose as follows:
(1)On a hand-counted ballot, on the back and near the top of the ballot; and
(2)On an optical scan ballot, the location indicated by the person in charge of the election.
Source:
SDC 1939, §16.1006; SL 1972, ch 82, §7; SL 1974, ch 118, §117; SL 1999, ch 69, §31; SL 2008, ch 34, §16.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-13 - Use of unauthorized ballot prohibited.

12-18-13. Use of unauthorized ballot prohibited.
No voter may receive or vote a ballot from any other person than the precinct superintendent or precinct deputy in charge of the ballots, nor may any person other than the precinct superintendent or precinct deputy deliver a ballot to the voter.
Source:
SDC 1939, §16.1209; SL 1974, ch 118, §118; SL 1999, ch 69, §32.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-14 - Entry of voting booth or machine by voter.

12-18-14. Entry of voting booth or machine by voter.
On receipt of his ballot or delivery to him of his voter's consecutive number, the voter shall forthwith and without leaving the polling place retire alone to one of the booths or voting machines provided to cast his vote.
Source:
SL 1897, ch 60, §25; SL 1899, ch 81, §1; RPolC 1903, §1914; SL 1913, ch 198, §2; SL 1915, ch 186, §2; RC 1919, §7264; SDC 1939, §16.1203; SL 1974, ch 118, §119.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-15 - Voting without delay--Maximum time in booth or machine--Reentry prohibited.

12-18-15. Voting without delay--Maximum time in booth or machine--Reentry prohibited.
The person voting shall cast his vote without delay. No voter may occupy a voting booth or voting machine already occupied by another, nor occupy a voting booth or machine for more than ten minutes. No voter, other than an election officer, may reenter the enclosed space during any election.
Source:
SL 1897, ch 60, §32; RPolC 1903, §1921; RC 1919, §7271; SDC 1939, §16.1202; SL 1974, ch 118, §120; SL 1993, ch 115.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-16 - Marking of paper ballot--Form of mark.

12-18-16. Marking of paper ballot--Form of mark.
If a paper ballot is used, the voter may use a pencil or pen to mark the voter's ballot and the voter may mark the ballot with either a cross (x) or check mark ().
Source:
SDC 1939, §§16,1105 (4), 16.1302; SL 1957, ch 84, §§2, 3; SDC Supp 1960, §16.0224-1; SDCL, §§12-13-19, 12-18-19; SL 1974, ch 118, §121; SL 2002, ch 76, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-16.1 - Marking of optical scan ballot.

12-18-16.1. Marking of optical scan ballot.
If an optical scan ballot is used, the voter may use a pencil or other marking instrument provided to mark the voter's choice on the ballot.
Source:
SL 2002, ch 76, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-23 - Return to member of precinct election board of unmarked ballot.

12-18-23. Return to member of precinct election board of unmarked ballot.
Each voter who does not vote a ballot delivered to the voter by a member of the precinct election board in charge of the ballots shall, before leaving the polling place, return the ballot to the member of the precinct election board in charge of the ballot box.
Source:
SDC 1939, §16.1209; SL 1974, ch 118, §126; SL 1999, ch 69, §33.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-24 - Replacement of spoiled ballots--Marking and preservation.

12-18-24. Replacement of spoiled ballots--Marking and preservation.
If any voter spoils a ballot, the voter may obtain another ballot, and so on, successively, not to exceed three ballots in all, upon returning to a member of the precinct election board the spoiled ballot. In obtaining a ballot to replace a spoiled one, the name of the voter shall be given and the number of the spoiled ballot. The number shall be noted opposite of the voter's name as spoiled. The ballots that are returned shall be canceled by writing the words, spoiled and replaced, across the face of the ballot and each spoiled ballot shall be placed in a separate envelope identifying the spoiled ballots as such and stating the number of spoiled ballots for accounting purposes.
Source:
SDC 1939, §16.1208; SL 1974, ch 118, §127; SL 1999, ch 69, §34.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-25 - Assistance of disabled or illiterate voter by person of his choice.

12-18-25. Assistance of disabled or illiterate voter by person of his choice.
Any voter who by reason of physical disability or illiteracy is unable to read or mark a ballot may receive the assistance of any person whom such voter may select.
Source:
SL 1897, ch 60, §§28, 30; RPolC 1903, §§1917, 1919; RC 1919, §§7267, 7268; SDC 1939, §16.1204; SL 1939, ch 81; SL 1959, ch 99, §10; SDC Supp 1960, §16.2210; SDCL, §12-18-37; SL 1974, ch 118, §128; SL 1976, ch 105, §59; SL 1983, ch 111; SL 1995, ch 84.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-27 - Marked ballot not to be publicized--Immediate deposit in ballot box.

12-18-27. Marked ballot not to be publicized--Immediate deposit in ballot box.
No person may publicize an official ballot after it is marked to any person in such a way as to reveal the contents of the official ballot, or the name of any candidate for whom the person has marked a vote. No person may solicit a voter to show the voter's official ballot. Immediately after marking the official ballot the voter shall deposit the official ballot in the ballot box, if necessary, leaving the official stamp exposed.
Source:
SDC 1939, §16.1209; SL 1974, ch 118, §130; SL 1976, ch 105, §60; SL 1999, ch 69, §35; SL 2017, ch 2, §4.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-28 - Deposit of folded ballot in ballot box.

12-18-28. Deposit of folded ballot in ballot box.
When a ballot is ready for deposit in the ballot box, the member of the precinct election board in charge of the ballot box, without opening the ballot or permitting it to be opened or examined except to ascertain that the ballot is a single ballot, shall deposit the ballot in the ballot box. The voter may place the voter's voted ballot in the ballot box to insure the privacy of the voter's vote after showing the official stamp on the ballot to the member of the precinct election board in charge of the ballot box.
Source:
SDC 1939, §§16.1012, 16.1206, 16.9918; SDCL, §12-18-30; SL 1974, ch 118, §131; SL 1999, ch 69, §36.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-32 - Packaging and return of unused ballots--Record accounting for ballots.

12-18-32. Packaging and return of unused ballots--Record accounting for ballots.
All ballots which have not been distributed to voters, excluding those marked "spoiled and replaced" separately enclosed, together with a record of ballots stating the number of ballots voted, the number of ballots spoiled and replaced, and the number of ballots not delivered to voters, shall be placed in a parcel separate from the ballot box and returned to the auditor along with the ballot boxes.
Source:
SL 1897, ch 60, §33; RPolC 1903, §1922; RC 1919, §7272; SDC 1939, §16.1208; SL 1974, ch 118, §132.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-33 - Comparison of ballot accounting with record of number sent to precinct--Notice and correction of discrepancies.

12-18-33. Comparison of ballot accounting with record of number sent to precinct--Notice and correction of discrepancies.
The county auditor, on receipt of the unused, defective, or spoiled ballots, and the statement mentioned in §12-18-32, shall carefully compare the same with the record in his office of the number of ballots sent to such election precinct. If the same are not accounted for in the statement before mentioned, he shall at once notify the person sending the same, who shall, with such county auditor, recount the unused, defective, and spoiled ballots and correct, if possible, such errors, if any there be, in such count or statement.
Source:
SL 1897, ch 60, §33; RPolC 1903, §1922; RC 1919, §7272; SDC 1939, §16.1208.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-39 - Provisional ballot--Eligibility.

12-18-39. Provisional ballot--Eligibility.
If any person is not authorized to vote pursuant to §12-18-7.2, is successfully challenged under §12-18-10, or is otherwise denied the ability to vote and the person maintains that he or she is currently registered to vote in that precinct, the person may cast a ballot which shall be called a provisional ballot. A member of the precinct election board shall notify any person who is denied the ability to vote that the person may cast a provisional ballot.
Source:
SL 2003, ch 83, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 18 - Arrangements And Conduct Of Voting › Section 12-18-40 - Use of provisional ballot.

12-18-40. Use of provisional ballot.
Before giving a person a provisional ballot, the person shall complete an affirmation. The person's name shall be written in the pollbook along with a designation that the person has cast a provisional ballot. The person shall be given the ballot appropriate to the precinct in which the person is claiming to be registered, along with a provisional ballot envelope. After the person votes, the person shall seal the ballot in the provisional ballot envelope and complete the statement on the envelope. The envelope shall then be placed in the ballot box. The provisional ballot and provisional ballot envelope shall be prescribed by the State Board of Elections.
Source:
SL 2003, ch 83, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-1 - Absentee ballot--Persons entitled to vote.

12-19-1. Absentee ballot--Persons entitled to vote.
A registered voter who is not otherwise disqualified by law from voting in the election may vote by absentee ballot.
Source:
SDC 1939, §16.0606; SL 1944 (SS), ch 2, §1; SL 1953, ch 75, §1; SL 1957, ch 85, §1; SDC Supp 1960, §16.0610; SL 1963, ch 110, §1; SL 1967, ch 72; SDCL, §§12-19-15 to 12-19-17; SL 1972, ch 90, §1; SL 1974, ch 118, §133; SL 1980, ch 115, §1; SL 1983, ch 112; SL 1993, ch 116, §1; SL 2003, ch 82, §6.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-1.1 - Affirmation of address by voter in inactive registration file.

12-19-1.1. Affirmation of address by voter in inactive registration file.
A voter in the inactive registration file meeting the criteria in §12-19-1 may vote absentee by completing the affirmation required in §12-18-7.4.
Source:
SL 1994, ch 107, §31; SL 2002, ch 40, §17.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-1.2 - Time for absentee voting.

12-19-1.2. Time for absentee voting.
Absentee voting shall begin neither earlier nor later than forty-six days prior to the election including any voter identified as being covered by the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1).
Source:
SL 2013, ch 66, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-1.3 - Prefilled absentee ballot application prohibited--Exceptions.

12-19-1.3. Prefilled absentee ballot application prohibited--Exceptions.
No person may distribute an absentee ballot application to a voter that is prefilled with the voter's name and registration address. This provision does not apply to a person who is authorized to request an absentee ballot for a voter or a person assisting a voter who requires assistance for reason of an inability to read or write, blindness, or other physical disability.
The person in charge of the election or their appointed designee may prefill an absentee ballot application for a voter who requests an application.
Source: SL 2023, ch 51, §20.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-2 - Application for absentee ballot--Contents--Address to which ballot sent--Stamping date of receipt--Delivery.

12-19-2. Application for absentee ballot--Contents--Address to which ballot sent--Stamping date of receipt--Delivery.
A voter desiring to vote by mail may apply to the person in charge of the election for an absentee ballot. The application or request must be made in writing, signed by the applicant, and must contain the applicant's voter registration address. The application or request must contain an oath verifying the validity of the information in the application or request. The oath must be administered by a notary public or other officer authorized by this state to administer an oath or administered by an out-of-state notary public. If the application or request does not contain an oath, the application or request must be accompanied by a copy of the voter's identification card as required by §12-18-6.1. The copy of the voter's identification card must be maintained by the person in charge of the election pursuant to §12-20-31. The voter's identification card is not available for public inspection. The application or request may be used to obtain an absentee ballot for all elections in that calendar year conducted by the jurisdiction receiving the application or request if so indicated. The ballot must be sent to the voter's residence, as shown in the voter registration file or any temporary residence address designated in writing by the voter, at the time of applying for the absentee ballot. If the application or request is from a voter identified as being covered by the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §20301 et seq., as of January 1, 2023, the voter may designate on the application for the ballot to be sent electronically pursuant to this section through the system provided by the Office of the Secretary of State. The person in charge of the election shall stamp the application with the date it was received. The person in charge of the election shall preserve a record of the name, mailing address, and voting precinct of each applicant and, except as provided by §12-19-45, deliver a copy of the record to the superintendent of the election board of the home precinct of the applicant.
Source: SDC 1939, §16.0606; SL 1944 (SS), ch 2, §3; SL 1957, ch 85, §§2, 3; SDC Supp 1960, §§16.0611, 16.0612; SL 1963, ch 110, §1; SL 1964, ch 59; SL 1967, ch 72; SDCL §§12-19-22, 12-19-24, 12-19-25; SL 1974, ch 118, §134; SL 1976, ch 105, §61; SL 1976, ch 108, §10; SL 1980, ch 115, §2; SL 1983, ch 113; SL 1984, ch 111; SL 1988, ch 132; SL 1992, ch 115, §1; SL 1993, ch 116, §2; SL 2002, ch 40, §18; SL 2003, ch 82, §3; SL 2003, ch 83, §14; SL 2004, ch 109, §1; SL 2006, ch 72, §1; SL 2010, ch 74, §14; SL 2014, ch 72, §1, eff. Feb. 19, 2014; SL 2017, ch 2, §5; SL 2023, ch 51, §1.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-2.1 - Application in person or by authorized messenger--Delivery of ballot to messenger or by mail.

12-19-2.1. Application in person or by authorized messenger--Delivery of ballot to messenger or by mail.
At anytime prior to an election, a voter may apply in person at the office of and to the person in charge of the election for an absentee ballot during regular office hours up to 5:00 p.m. on the day before the election. If the voter applies in person, the voter shall complete a combined absentee ballot application/return envelope and show the person in charge of the election the voter's identification card as required in §12-18-6.1 or complete the affidavit as provided in §12-18-6.2.
In the event of confinement because of sickness or disability, a qualified voter may apply pursuant to the provisions of §12-19-2 in writing and obtain an absentee ballot by authorized messenger so designated over the signature of the voter. The person in charge of the election may deliver to the authorized messenger a ballot to be delivered to the qualified voter. Any application for a ballot by authorized messenger must be received by the person in charge of the election before 3:00 p.m. the day of the election. If the application designating an authorized messenger also indicates a request for an absentee ballot for any future election, such absentee ballot shall be mailed to the address provided on the application. If no address is provided, the ballot shall be mailed to the person's voter registration address.
Source:
SL 1980, ch 115, §3; SL 1983, ch 114; SL 2003, ch 82, §4; SL 2005, ch 93, §1; SL 2006, ch 72, §3; SL 2012, ch 85, §1; SL 2013, ch 66, §3.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-2.2 - Authorized messenger for more than one voter--Record.

12-19-2.2. Authorized messenger for more than one voter--Record.
If a person is an authorized messenger for more than one voter, the person must notify the person in charge of the election of all voters for whom that person is a messenger. The person in charge of the election shall keep a record of the authorized messenger requesting an absentee ballot to be delivered to another voter.
Source: SL 1980, ch 115, §4; SL 2023, ch 51, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-2.3 - Uniformed and Overseas Citizens Absentee Voting Act--Application or request for absentee ballot.

12-19-2.3. Uniformed and Overseas Citizens Absentee Voting Act--Application or request for absentee ballot.
Any voter identified as being covered by the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §20301 et seq., as of January 1, 2023, may submit an application or request for an absentee ballot by facsimile or emailed image to the person in charge of the election. The secretary of state may authorize a person in charge of an election to accept an application or request for an absentee ballot pursuant to this section through the system provided by the Office of the Secretary of State.
Source: SL 2005, ch 93, §3; SL 2011, ch 82, §1; SL 2023, ch 51, §3.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-2.4 - Multiple applications or requests for ballots and multiple ballots--Application.

12-19-2.4. Multiple applications or requests for ballots and multiple ballots--Application.
If any voter who had previously filed an application or request for an absentee ballot submits another application or request for the same election with an updated address, the county auditor shall send an absentee ballot to the new address. If any voter who had previously filed an application or request for absentee ballot appears at the county auditor's office, the voter may complete another application and be allowed to vote an absentee ballot. If any voter who filed an application or request for absentee ballot notifies the county auditor that the voter never received that ballot, the voter may request that another ballot be sent to the same address. The provisions of this section only apply to a person who has not voted or returned an absentee ballot.
Source:
SL 2005, ch 93, §2.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-2.5 - Form of application, envelope--Promulgation of rules.

12-19-2.5. Form of application, envelope--Promulgation of rules.
The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, to prescribe the absentee application form and a combined absentee ballot application form and return envelope for absentee voting in the office of the person in charge of the election. The application may be made by letter or upon any form containing the required information or upon any form prescribed by the State Board of Elections or the postcard form referred to in §12-4-8.1, executed by any person authorized in accordance with the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §20301 et seq., as of January 1, 2023.
Source: SL 2006, ch 72, §2; SL 2023, ch 51, §4.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-2.6 - Preference and selection of ballot style for independent in primary election.

12-19-2.6. Preference and selection of ballot style for independent in primary election.
If an absentee voter in a primary election is registered as an independent and is eligible to vote more than one ballot style pursuant to §12-6-26, the voter may specify the voter's ballot style preference on the absentee ballot application. If no ballot style is designated, the absentee voter shall be provided a nonpolitical ballot.
If an absentee voter in a primary election is registered as an independent and is only eligible to vote one ballot style, the absentee voter shall be provided that ballot style. If more than one party allows independent voters to be eligible to vote in a primary election and no nonpolitical ballot is available and the absentee voter does not designate the ballot style to be received, no ballot may be provided to the absentee voter.
Source:
SL 2010, ch 75, §1, eff. Mar. 23, 2010.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-3 - Forwarding of ballot to voter--Instructions and return envelope.

12-19-3. Forwarding of ballot to voter--Instructions and return envelope.
Upon receiving an application for absentee ballots, the person in charge of an election shall, within forty-eight hours, or if ballots are not then on hand, then within forty-eight hours after receipt of the ballots, after confirming from the master registration file that the applicant is registered as a voter pursuant to chapter 12-4, enclose one of each of the official ballots, a set of instructions on absentee balloting, and an unsealed return envelope. All of the enclosures shall be sealed in an envelope addressed to the applicant at the place stated in the application. If a registration form is received simultaneous with an absentee ballot request and prior to the registration deadline, the absentee ballot provided shall be based on the submitted registration form.
Source:
SDC 1939, §16.0606; SL 1963, ch 110, §1; SL 1964, ch 59; SL 1967, ch 72; SL 1974, ch 118, §135; SL 1976, ch 105, §62; SL 1998, ch 78, §3; SL 2002, ch 40, §19; SL 2007, ch 75, §4.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-4 - Voter's statement on return envelope--Federal service voting forms--Promulgation of rules.

12-19-4. Voter's statement on return envelope--Federal service voting forms--Promulgation of rules.
The return envelope for the absentee ballot must have printed on the reverse thereof a statement to be signed by the voter. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the forms for the return envelope, ballots, and instructions to the voter.
Source: SL 1944 (SS), ch 2, §4; SL 1953, ch 75, §3; SL 1955, ch 55, §2; SL 1957, ch 85, §4; SDC Supp 1960, §16.0613; SDC 1939, §16.0607 as added by SL 1965, ch 87; SL 1965, ch 88; SDCL, §12-19-27; SL 1971, ch 93, §1; SL 1974, ch 118, §136; SL 1992, ch 115, §2; SL 1993, ch 116, §3; SL 2023, ch 51, §5.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-5 - Mailing of ballots and enclosures to voter--Free air mail for federal service voters--Last day to mail absentee ballot.

12-19-5. Mailing of ballots and enclosures to voter--Free air mail for federal service voters--Last day to mail absentee ballot.
The envelope containing the enclosures, if not delivered to the voter personally by the person in charge of the election or the authorized messenger filing the voter's request for an absentee ballot, must, except for federal service voters, be mailed by first class mail to the address of the applicant stated in the application, with postage prepaid thereon.
The return envelope and the envelope for transmitting the enclosures to federal service voters must meet the requirements of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. §20301 et seq., as of January 1, 2023, and must be transmitted by air mail, free of United States postage, including air mail.
No public official may mail an absentee ballot to a voter after the Monday prior to election day.
Source: SL 1913, ch 200, §1; SL 1917, ch 233, §1; RC 1919, §7226; SL 1919, ch 189; SL 1925, ch 159, §1; SDC 1939, §16.0606; SL 1944 (SS), ch 2, §4; SL 1953, ch 75, §3; SL 1955, ch 55, §2; SL 1957, ch 85, §4; SDC Supp 1960, §16.0613; SL 1963, ch 110, §1; SL 1964, ch 59; SL 1965, ch 88; SL 1967, ch 72; SDCL, §12-19-27; SL 1974, ch 118, §137; SL 1976, ch 105, §63; SL 1979, ch 105, §1; SL 1980, ch 115, §5; SL 1993, ch 116, §4; SL 2023, ch 51, §6.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-7 - Marking and folding ballot--Officer before whom marked--Mailing or delivering ballot.

12-19-7. Marking and folding ballot--Officer before whom marked--Mailing or delivering ballot.
A voter voting an absentee ballot shall mark it and fold it without revealing the marks to any other person. The voter shall place the voted ballots in the return envelope provided and seal the envelope. The voter shall sign the statement on the return envelope. The voter shall return the ballot to the office of the person in charge of the election by:
(1)Mailing the ballot;
(2)Delivering the ballot in person; or
(3)Providing the ballot to an absentee ballot messenger to deliver the ballot in person as prescribed by this chapter.
Source: SL 1913, ch 200, §2; SL 1917, ch 233, §2; SL 1918 (SS), ch 45; RC 1919, §7227; SL 1925, ch 159, §2; SL 1929, ch 114, §1; SDC 1939, §16.0607; SL 1944 (SS), ch 2, §5; SL 1953, ch 75, §4; SL 1957, ch 85, §5; SDC Supp 1960, §16.0614; SL 1963, ch 110, §2; SDCL, §12-19-29; SL 1972, ch 90, §2; SL 1974, ch 118, §138; SL 1976, ch 105, §64; SL 1983, ch 115; SL 1985, ch 115; SL 1992, ch 115, §3; SL 2023, ch 51, §7.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-7.1 - Candidates and election officials not to serve as authorized messenger--Violation as misdemeanor.

12-19-7.1. Candidates and election officials not to serve as authorized messenger--Violation as misdemeanor.
No person who is a candidate for any elective office, except for political party offices described in §12-5-2 or county auditor or such deputy, at the election for which the ballot or ballots are to be voted, may serve as an authorized messenger. A violation of this section is a Class 2 misdemeanor.
Source: SL 1972, ch 90, §5; SL 1976, ch 105, §65; SL 1992, ch 115, §4; SL 2023, ch 51, §8.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-7.2 - Display of campaign material by messenger as misdemeanor.

12-19-7.2. Display of campaign material by messenger as misdemeanor.
No authorized messenger may, in the presence of the voter at or before the time of voting, display campaign posters, signs, or other campaign materials or by any like means solicit any votes for or against any person, political party, or position on a question submitted. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1984, ch 112; SL 1992, ch 115, §5.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-9 - Delivery of absentee ballot--Personal delivery when transmission time insufficient--Receipt.

12-19-9. Delivery of absentee ballot--Personal delivery when transmission time insufficient--Receipt.
An authorized messenger shall deliver the absentee ballot to the office of the person in charge of the election unless there is not sufficient time for the person in charge of the election to transmit the absentee ballot to the voter's home precinct or a vote center as prescribed by §12-14-17. In that instance, the authorized messenger shall personally deliver the absentee ballot to the precinct superintendent of the voter's home precinct. If the authorized messenger requests a receipt when returning the absentee ballot, the person in charge of the election shall provide the authorized messenger a receipt.
Source: SL 1913, ch 200, §2; SL 1917, ch 233, §2; SL 1918 (SS), ch 45; RC 1919, §7227; SL 1925, ch 159, §2; SL 1929, ch 114, §1; SDC 1939, §16.0607; SL 1963, ch 110, §2; SL 1970, ch 91, §1; SL 1972, ch 90, §3; SL 1974, ch 118, §139; SL 1976, ch 105, §66; SL 1979, ch 105, §2; SL 1980, ch 115, §6; SL 1983, ch 116, §1; SL 1992, ch 115, §6; SL 2006, ch 72, §4; SL 2023, ch 51, §9.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-9.1 - Nursing facility, assisted living center, or hospital having multiple absentee ballot requests--Promulgation of rules.

12-19-9.1. Nursing facility, assisted living center, or hospital having multiple absentee ballot requests--Promulgation of rules.
If there is any nursing facility, assisted living center, or hospital, as defined in §34-12-1.1, within any county from which there might reasonably be expected to be five or more absentee applications, the county auditor shall notify the person in charge of that facility and the chair of the county central committee of each party and any other person who has filed a request to be notified of the date and time at which representatives of the auditor's office will be present to assist the residents of that facility to vote, utilizing the absentee procedure. Any political party, independent candidate, and nonpolitical candidate may assign a person to accompany the county auditor's representatives. At the date and time announced, the county auditor's representative shall deliver ballots to and assist all persons at that facility who desire assistance to vote. This section applies only to a primary or general election.
If a person in charge of an election conducts absentee voting at a nursing facility, assisted living center, or hospital, as defined in §34-12-1.1, the voter shall complete a combined absentee ballot application form and return envelope, and the identification and affidavit requirements provided in §12-19-2.1 are waived. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the procedures by which the county auditor will conduct absentee voting, collect completed ballots, and secure completed ballots at a nursing facility, assisted living center, or hospital, as defined in §34-12-1.1.
Source: SL 1972, ch 89; SL 1981, ch 125; SL 1997, ch 82, §1; SL 2003, ch 82, §5; SL 2006, ch 72, §5; SL 2017, ch 2, §6; SL 2023, ch 51, §10.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-9.2 - Disqualifying factors--Marking and return of ballot before poll opening.

12-19-9.2. Disqualifying factors--Marking and return of ballot before poll opening.
If, prior to the casting of absentee ballots, it is made to appear by due proof to the county auditor or election board that any voter who has marked and forwarded an absentee ballot is no longer eligible to vote due to death, felony conviction, or mental incompetence prior to the opening of the polls on the date of the election, the ballot of the voter must be returned in the sealed return envelope with the evidence of the disqualifying factor listed in this section attached and the envelope marked accordingly with one of the following statements:
(1)Unopened by reason of death of voter;
(2)Unopened by reason of felony conviction of voter; or
(3)Unopened by reason of mental incompetence of voter.
The marked envelope must be returned to the officer in charge of the conduct of the election. A returned absentee ballot deemed ineligible may not be opened or counted. The casting of any such ballot shall not invalidate the election.
Source: SL 1974, ch 118, §142; SL 2023, ch 51, §11.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-9.3 - Ballot drop boxes prohibited--Exclusions--Promulgation of rules--Violation as misdemeanor.

12-19-9.3. Ballot drop boxes prohibited--Exclusions--Promulgation of rules--Violation as misdemeanor.
The person in charge of the election may not establish or place, or allow any individual to establish or place, an absentee ballot drop box within the official's jurisdiction. A completed absentee ballot may only be returned to an office of the individual in charge of the election pursuant to §12-19-7.
For the purposes of this section, the term, absentee ballot drop box, means a receptacle or container into which an individual may deposit a completed absentee ballot. This term excludes a county auditor's means for physically securing a completed absentee ballot as required by §12-19-10 or 12-19-42, including a secured and monitored receptacle or container at the office of the individual in charge of the election. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the requirements to ensure the security of the receptacle or container located at the office of the individual in charge of the election.
A violation of this section is a Class 2 misdemeanor.
Source: SL 2023, ch 51, §21.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-10.1 - County auditor validation of absentee ballot signatures--Violation as misdemeanor.

12-19-10.1. County auditor validation of absentee ballot signatures--Violation as misdemeanor.
If a county uses an absentee ballot precinct at the building where the county auditor is located to process absentee ballots on election day for a federal, state, or county election, the county has the option to validate the absentee ballot signatures in the county auditor's office. The county auditor shall follow the provisions of §12-19-10 except for the following:
(1)The county auditor, at anytime during the absentee voting timeframe, shall carefully compare the statement on the reverse side of the official return envelope with the written application without opening or breaking the seal of the return envelope; and
(2)If the county auditor determines that both signatures match:
(a)The application for absentee ballot does not need to be sent to the absentee precinct board; and
(b)The county auditor shall initial the envelope after the determination that signatures do match.
A violation of this section is a Class 2 misdemeanor.
Source: SL 2018, ch 82, §1; SL 2023, ch 51, §13.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-11 - Preservation and return of application and return envelope.

12-19-11. Preservation and return of application and return envelope.
The written application and official return envelope shall be preserved by the election officers and returned by them to the proper office together with the other election returns.
Source:
SL 1913, ch 200, §3; RC 1919, §7228; SL 1925, ch 159, §3; SL 1929, ch 114, §2; SDC 1939, §16.1608; SL 1941, ch 80; SL 1963, ch 110, §3; SL 1970, ch 91, §3.
2023 South Dakota Codified Laws › Title 12 - Elections › Chapter 19 - Absentee Voting › Section 12-19-12 - Delivery of absentee ballots after close of polls.

12-19-12. Delivery of absentee ballots after close of polls.
If an absentee ballot is delivered to a polling place, absentee counting board, or the office of the person in charge of the election after the polls are closed in the county or local jurisdiction, the absentee ballot may not be counted or opened.
Source: SDC 1939, §16.0608 as added by SL 1941, ch 80; SL 1963, ch 110, §3; SL 1974, ch 118, §141; SL 1999, ch 69, §37; SL 2010, ch 74, §16; SL 2023, ch 51, §14.