reglab/statecodes huggingface dataset:
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:02 - Allowable travel expenditures › Section 5:01:02:06 - Motor vehicle rentals authorized

Current through Register Vol. 51, page 10, July 15, 2024
A regularly scheduled rate by a rent-a-car service is an allowable charge for transportation for state business if a state or privately owned motor vehicle is not available, providing that a receipt and a statement of justification of the above requirements is provided with the voucher.
General Authority:
SDCL  3-9-1.
Law Implemented:
SDCL  3-9-1.
Automobile rental receipt, §
											3:05:03:09.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:02 - Allowable travel expenditures › Section 5:01:02:07 - Private airplane rates

Current through Register Vol. 51, page 10, July 15, 2024
The mileage rates for any state employee flying a privately owned or rented airplane while traveling on state business are as follows:
(1) Piston single engine -- $2.50 per statute mile;
(2) Piston multi engine -- $4.00 per statute mile;
(3) Turbo prop multi engine with fewer than nine seats -- $4.65 per statute mile; and
(4) Turbo prop multi engine with nine seats or more -- $5.65 per statute mile.
Travel by privately owned or rented airplanes may be authorized only by the head of the department.
General Authority:
SDCL  3-9-1,  3-9-2.
Law Implemented:
SDCL  3-9-1,  3-9-2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:02 - Allowable travel expenditures › Section 5:01:02:08 - Charter airplane rates

Current through Register Vol. 51, page 10, July 15, 2024
Any department, agency, or institution may contract for airplane service from private flying stations when alternative methods of transportation are inadequate and when state aircraft are not available. The rates allowed for charter services shall not exceed charges made to private individuals and companies for like services.
General Authority:
SDCL  3-9-2.
Law Implemented:
SDCL  3-9-2.
Emergency charter justification, §
											3:05:03:06.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:02 - Allowable travel expenditures › Section 5:01:02:10 - Use of state-owned aircraft for general state business

Current through Register Vol. 51, page 10, July 15, 2024
When state-owned aircraft are used by other state agencies and departments, the per mile rates shall be determined by the administering agency on the basis of actual cost including operations, maintenance, and administration upon notification and approval of the Board of Finance at least 30 days prior to the effective date of rate change. For any flight, the pilot's subsistence and other travel expenses are allowable. No department shall pay more than their prorated share of the actual cost of the trip.
General Authority:
SDCL  50-2-15.
Law Implemented:
SDCL  3-9-2,  3-9-4,  50-2-15.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:02 - Allowable travel expenditures › Section 5:01:02:10.01 - Out-of-country per diem rates

Current through Register Vol. 51, page 10, July 15, 2024
Reimbursement for official state travel outside the United States of America shall be paid in United States dollars. Prior approval by the department head is required for all out-of-country travel. Receipts are required for all reimbursement of lodging. The out-of-country rates are as follows:
(1) The actual cost of lodging up to a maximum of $175 per day. A person designated as having authority to approve out-of-country travel requests may at the person's discretion approve up to 100 additional dollars a day for lodging provided the total amount paid to the employee does not exceed the actual cost of the lodging; and
(2) An allowance for meals in the amount not to exceed $10 for breakfast, $21 for lunch, and $29 for dinner while on travel status.
General Authority:
SDCL  3-9-1,  3-9-2.
Law Implemented:
SDCL  3-9-1,  3-9-2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:02 - Allowable travel expenditures › Section 5:01:02:11 - Out-of-state per diem rates

Current through Register Vol. 51, page 10, July 15, 2024
The per diem rates for official state travel outside South Dakota are as follows:
(1) The actual cost of lodging up to a maximum of $175 plus tax a day. A person designated as having authority to approve out-of-state travel requests may at the person's discretion approve an additional allowance of up to $100 a day for lodging provided the total amount paid to the employee as reimbursement for lodging does not exceed the actual cost of that lodging; and
(2) An allowance for meals of $10 for breakfast, $18 for lunch, and $28 for dinner a day while on travel status.
Elected state constitutional officers and public utilities commissioners shall be reimbursed for actual expenses for lodging and meals if the officials provide receipts. Such officials may, in lieu of providing receipts for meals, be reimbursed in accordance with subdivision (2) of this section.
General Authority:
SDCL  3-9-2.
Law Implemented:
SDCL  3-9-2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:02 - Allowable travel expenditures › Section 5:01:02:14 - In-state per diem rates

Current through Register Vol. 51, page 10, July 15, 2024
Per diem rates for official in-state travel are as follows:
(1) The actual cost of lodging up to a maximum of $75 plus tax a day;
(2) An allowance for meals of $6 for breakfast, $14 for noon lunch, and $20 for dinner, up to a maximum of $40 a day;
(3) A flat meal allowance of $14 a day for uniformed highway patrol officers when assigned to field duties; and
(4) Mileage to and from an in-state work site, allowable only to the extent that it does not exceed the allowable cost of meals and lodging that could be charged if the employee stayed at the work site.
Elected state constitutional officers and public utilities commissioners shall be reimbursed for actual expenses for lodging and meals if the officials provide receipts. Such officials may, in lieu of providing receipts for meals, be reimbursed in accordance with subdivision (2) of this section.
An employee required to perform services under the provisions of SDCL  34-48A-5, if authorized by the Governor, shall be reimbursed for actual expenses for lodging in excess of allowances provided under subdivision (1) of this section if the employee provides receipts.
Upon prior written request of the head of a department or a constitutional officer who hosts a regional or national conference of which the state is a dues-paying member, the Board of Finance may authorize an employee of the department, agency, bureau, or office to be reimbursed for upto the actual costs of lodging if the conference or meeting is in furtherance of the state's interests, concerns, and activities within the scope of the department's, agency's, bureau's, or office's responsibilities; the employee's lodging is required to carry out duties connected with employment; and lodging for the employee at in-state per diem rates is not available.
General Authority:
SDCL  3-9-2.
Law Implemented:
SDCL  3-9-2.
Allowance for use of privately owned automobile, §
											5:01:02:01.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:02 - Allowable travel expenditures › Section 5:01:02:14.01 - In-state lodging reimbursement for individual with special needs

Current through Register Vol. 51, page 10, July 15, 2024
If an individual who has special needs is required to travel on state business and that individual cannot find accessible rooms available at the customary state rates, the individual may be reimbursed for not more than $125 for the accessible room.
An individual with special needs is a person with a disability who requires lodging that is physically accessible.
To receive reimbursement under this section, the individual shall complete a form provided by the State Board of Finance and attach the form to the travel voucher. The form shall contain the name of the individual requesting the reimbursement, the individual's agency, the agency address and phone number, the individual's signature, the signature of the supervisor approving the request, and the date of the travel.
General Authority:
SDCL  3-9-2.
Law Implemented:
SDCL  3-9-2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:02 - Allowable travel expenditures › Section 5:01:02:15 - Official travel rate allowable

Current through Register Vol. 51, page 10, July 15, 2024
Official travel by state employees shall be on the class available that is most economical to the state.
General Authority:
SDCL  3-9-2.
Law Implemented:
SDCL  3-9-2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:02 - Allowable travel expenditures › Section 5:01:02:16 - Only one ticket allowable per employee

Current through Register Vol. 51, page 10, July 15, 2024
Only one airline or train ticket per state employee per trip will be an allowable expense under these rules.
General Authority:
SDCL  3-9-2.
Law Implemented:
SDCL  3-9-2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:02 - Allowable travel expenditures › Section 5:01:02:17 - Schedule for computation of travel meal allowances

Current through Register Vol. 51, page 10, July 15, 2024
The travel meal allowances provided in subdivision 5:01:02:11(2) and subdivision 5:01:02:14(3) shall be computed according to the following schedule:
(1) Breakfast shall be allowed if an employee leaves the post of duty before 5:31 a.m. or returns to the post of duty after 7:59 a.m.;
(2) Noon lunch shall be allowed if an employee leaves the post of duty before 11:31 a.m. or returns to the post of duty after 12:59 p.m.;
(3) Dinner shall be allowed if an employee leaves the post of duty before 5:31 p.m. or returns to the post of duty after 7:59 p.m.
General Authority:
SDCL  3-9-2.
Law Implemented:
SDCL  3-9-2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:02 - Allowable travel expenditures › Section 5:01:02:18 - Evening supper limitations (Repealed)

Current through Register Vol. 51, page 10, July 15, 2024
General Authority:
SDCL  3-9-2.
Law Implemented:
SDCL  3-9-2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:02 - Allowable travel expenditures › Section 5:01:02:19 - Per diem rates for private trailer house

Current through Register Vol. 51, page 10, July 15, 2024
For use of a privately owned trailer house for sleeping accommodations while on in-state or out-of-state official state travel, an allowance of $8 a day plus parking fees and electricity costs is allowed. The total amount may not exceed $26 a day.
General Authority:
SDCL  3-9-2.
Law Implemented:
SDCL  3-9-2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:02 - Allowable travel expenditures › Section 5:01:02:20 - Interview expenses

Current through Register Vol. 51, page 10, July 15, 2024
Reimbursement for interview expenses of a prospective employee may be paid at the discretion of the department, commission, agency, or board conducting the interview. Official state rates for interview expenses of a prospective employee are set at the applicable out-of-state or in-state rates. Interview expenses may include lodging, meals, transportation, and any other expenses necessary to reimburse a prospective employee for travel from the prospective employee's home to the location of an interview for state employment. Reimbursement for an interagency interview is not an allowable state expenditure. Any expense incurred for a spouse or family of a prospective employee is not an allowable state expenditure.
General Authority:
SDCL  3-9-2.
Law Implemented:
SDCL  3-9-2.
Out-of-state per diem allowance rates, §
											5:01:02:11; Per diem allowances for in-state travel, §
											5:01:02:14.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:02 - Allowable travel expenditures › Section 5:01:02:22 - Registration fees allowable expense

Current through Register Vol. 51, page 10, July 15, 2024
Registration fees for meetings shall constitute a reimbursable expense if the state employee was authorized to attend on behalf of state business.
General Authority:
SDCL  3-9-2.
Law Implemented:
SDCL  3-9-2.
Additional travel voucher requirements for reimbursement of registration expenses, §
											5:01:03:17.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:02 - Allowable travel expenditures › Section 5:01:02:23 - Meals and lodging not to be included in registration expense - Exception

Current through Register Vol. 51, page 10, July 15, 2024
The cost of meals or lodging which is included in the registration fee shall be deducted from the registration fee and included as per diem based on rates allowed by §
									5:01:02:11  or 5:01:02:14. However, one meal fee per registration fee will be allowable in lieu of reimbursement under subdivision 5:01:02:11(2) or subdivision 5:01:02:14(3) for that meal.
General Authority:
SDCL  3-9-2.
Law Implemented:
SDCL  3-9-2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:02 - Allowable travel expenditures › Section 5:01:02:39 - Reimbursement at higher rates

Current through Register Vol. 51, page 10, July 15, 2024
A state employee may be reimbursed at higher rates than the applicable out-of-state or in-state rates for travel, lodging, or meals if the state auditor determines that the higher rates would result in a savings to the state. Prior approval of travel expenses by the state auditor is required if a state employee is to be reimbursed at higher rates.
General Authority:
SDCL  3-9-1,  3-9-2.
Law Implemented:
SDCL  3-9-1,  3-9-2.
Out-of-state per diem allowance rates, §
											5:01:02:11; Per diem allowances for in-state travel, §
											5:01:02:14.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:02 - Allowable travel expenditures › Section 5:01:02:40 - Per diem for certain boards and commissions

Current through Register Vol. 51, page 10, July 15, 2024
A recycling and waste management district or a water development district may pay its board or commission members per diem up to a maximum of $75 for each day of actual service for traveling to, attending, and returning from any meeting, hearing, or investigation of the board or commission. Such payment shall be in addition to any travel and subsistence expense the member may receive.
General Authority:
SDCL  34A-16-8,  46A-3B-10.
Law Implemented:
SDCL  34A-16-8,  46A-3B-10.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:03 - Travel voucher requirements › Section 5:01:03:01 - Travel vouchers required

Current through Register Vol. 51, page 10, July 15, 2024
All claims for reimbursement of traveling expenses while on state business shall be submitted on travel voucher forms available from the central supply service and must be itemized and stated in accordance with these rules.
General Authority:
SDCL  3-9-2.
Law Implemented:
SDCL  3-9-2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:03 - Travel voucher requirements › Section 5:01:03:07 - Fleet and Travel Management approval required for certain mileage reimbursement - Exception

Current through Register Vol. 51, page 10, July 15, 2024
Fleet and Travel Management approval is required for mileage reimbursement at the high rate under §
									5:01:02:01  if an employee's post of duty is a designated city area and Fleet and Travel Management or Department of Transportation pool vehicles are available. Travel by elected officers, departmental secretaries and chairs of state boards and commissions is exempt from the requirements of this section.
General Authority:
SDCL  3-9-1.
Law Implemented:
SDCL  3-9-1.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:03 - Travel voucher requirements › Section 5:01:03:08 - Date and hour of departure required

Current through Register Vol. 51, page 10, July 15, 2024
The date and hour of departure from and arrival at the official station and points at which temporary duty is performed must be shown on the travel voucher.
General Authority:
SDCL  3-9-2.
Law Implemented:
SDCL  3-9-2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:03 - Travel voucher requirements › Section 5:01:03:09 - Additional points visited required

Current through Register Vol. 51, page 10, July 15, 2024
All points visited other than official ones shall be shown on the vouchers, but the time of arrival and departure need not be shown.
General Authority:
SDCL  3-9-2.
Law Implemented:
SDCL  3-9-2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:03 - Travel voucher requirements › Section 5:01:03:10 - Computation of arrival or departure time

Current through Register Vol. 51, page 10, July 15, 2024
The time of arrival at, or departure from, a place shall be considered as the time at which the conveyance used by the traveling employee actually leaves or arrives at its regular terminal.
For purposes of this section, terminal means an airport, railroad station, or bus depot when a common carrier is used by the traveler; or an official or temporary duty station when private, pool, or other state-owned motor vehicles are used by the traveler.
General Authority:
SDCL  3-9-2.
Law Implemented:
SDCL  3-9-2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:03 - Travel voucher requirements › Section 5:01:03:11 - Two trips to airport allowable in exceptional circumstances

Current through Register Vol. 51, page 10, July 15, 2024
Two round trips to an airport will be allowable to an employee on state business if the duration of business takes over 24 hours and a commercial air terminal is over 20 miles from the employee's home business station.
General Authority:
SDCL  3-9-2.
Law Implemented:
SDCL  3-9-2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:03 - Travel voucher requirements › Section 5:01:03:12 - Interrupted travel or indirect route of travel at employee's own expense

Current through Register Vol. 51, page 10, July 15, 2024
If a state employee, for personal reasons or the employee's own convenience, travels by any route other than the direct route, or engages in additional travel other than the direct route, the extra expense shall be borne by the employee.
General Authority:
SDCL  3-9-2.
Law Implemented:
SDCL  3-9-2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:03 - Travel voucher requirements › Section 5:01:03:13 - Travel expense reimbursement for direct route only

Current through Register Vol. 51, page 10, July 15, 2024
Reimbursement for travel expenses shall be based on charges which would be incurred by using a direct route.
General Authority:
SDCL  3-9-2.
Law Implemented:
SDCL  3-9-2,  3-9-4.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:03 - Travel voucher requirements › Section 5:01:03:14 - Information required regarding reimbursable state travel

Current through Register Vol. 51, page 10, July 15, 2024
Any person who travels on state business and who submits a voucher for reimbursement under this chapter shall state on the voucher the date and hour the person begins and leaves official business duties for each item of interrupted or indirect travel.
General Authority:
SDCL  3-9-2.
Law Implemented:
SDCL  3-9-2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:03 - Travel voucher requirements › Section 5:01:03:15 - Point of return to duty status

Current through Register Vol. 51, page 10, July 15, 2024
An employee who engages in interrupted or indirect travel shall is considered to be returned to state business when the employee arrives back at the point from which the employee left duty status or at some point equidistant or nearer to the point of destination.
General Authority:
SDCL  3-9-2.
Law Implemented:
SDCL  3-9-2,  3-9-4.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:03 - Travel voucher requirements › Section 5:01:03:16 - Interrupted air travel due to adverse conditions excused

Current through Register Vol. 51, page 10, July 15, 2024
When weather or plane conditions cause interrupted flight and the expenses are absorbed by the airlines, no payment for meals or lodging will be made.
General Authority:
SDCL  3-9-2.
Law Implemented:
SDCL  3-9-2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:03 - Travel voucher requirements › Section 5:01:03:18 - Weekend layovers

Current through Register Vol. 51, page 10, July 15, 2024
When an employee is required to perform state duties in a specific area for a period of time longer than one week, the weekend layover may not exceed two days. The cost of the layover may not exceed the cost of a round trip to the employee's duty station and back.
General Authority:
SDCL  3-9-2.
Law Implemented:
SDCL  3-9-2,  3-9-8.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:04 - Appeal procedures › Section 5:01:04:02 - Declaratory rules

Current through Register Vol. 51, page 10, July 15, 2024
Any interested person may petition the Board of Finance, in writing, for the issuance of a declaratory ruling as to the applicability of any statutory provision or of any rule or order of the board. An original of such petition shall be filed with the Office of the Secretary of State in Pierre, South Dakota, and shall state the factual situation and the statute, rule, or order to which the situation applies, together with a statement of the grounds in support of, and in opposition to, the petitioner's position.
Upon the filing of such petition, the board shall consider the same promptly and may thereupon either grant or deny the petition in whole or in part or make other disposition of the petition. Should the petition be denied in whole or in part, prompt notice shall be given the petitioner of the denial accompanied by a simple statement of the grounds unless the denial be self-explanatory.
General Authority:
SDCL  3-9-2,  20-13-27.
Law Implemented:
SDCL  1-26-15.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:01 - Board of Finance - State Travel › Chapter 5:01:07 - Household moving allowances › Section 5:01:07:10 - Return of transit pay allowance

Current through Register Vol. 51, page 10, July 15, 2024
If an employee leaves the employ of the state following a move, the employee must repay the state a portion of the relocation allowance as provided in the table below, unless the employee was unable to continue due to illness or injury or was dismissed.
6 months or less
100%
Greater than 6 months to 12 months
75%
Greater than 12 months to 18 months
50%
Greater than 18 months to 24 months
25%
Greater than 24 months
0%
General Authority:
SDCL  3-9-11.
Law Implemented:
SDCL  3-9-9,  3-9-11,  3-9-12.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:01 - General rules affecting board › Section 5:02:01:01 - Official office

Current through Register Vol. 51, page 10, July 15, 2024
The South Dakota State Board of Elections shall maintain an office as its principal place of business which shall be located, until otherwise designated, at the office of the Secretary of State, Capitol Building, Pierre, South Dakota 57501.
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  12-1-5,  12-1-9.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:01 - General rules affecting board › Section 5:02:01:02 - Filing and notice

Current through Register Vol. 51, page 10, July 15, 2024
Whenever filing with, or notice to, the board is permitted or required by these rules, the same shall be done, unless otherwise specifically provided, by written document addressed to the South Dakota State Board of Elections and delivered in person or mailed to the board at its principal place of business. The date of such filing or notice, unless otherwise specifically provided in these rules, shall be the date upon which the document is received at the principal place of business of the board.
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  12-1-5,  12-1-9.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:01 - General rules affecting board › Section 5:02:01:03 - Special meetings of the board

Current through Register Vol. 51, page 10, July 15, 2024
A special meeting of the board may be set upon call of the chairperson or upon written request by a majority of the board.
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  12-1-5,  12-1-9.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:01 - General rules affecting board › Section 5:02:01:04 - Quorum and presiding officer

Current through Register Vol. 51, page 10, July 15, 2024
Four of the seven members shall constitute a quorum for the conduct of business. In the absence of the chairperson specified in SDCL  12-1-5, members present shall appoint one of their number as chairperson for that meeting.
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  12-1-5,  12-1-9.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:02 - Declaratory rulings › Section 5:02:02:01 - Petition for declaratory ruling

Current through Register Vol. 51, page 10, July 15, 2024
The form of a petition to the board for a declaratory ruling shall be substantially as follows:
State of South Dakota
State Board of Elections
Petition for Declaratory Rulings
Pursuant to the provisions of SDCL  1-26-15, I (
name of petitioner
) of (
address of petitioner
), am (
title or capacity of petitioner
), and do hereby petition the South Dakota State Board of Elections for its declaratory ruling in regard to the following:
1. The state statute or State Board of Elections rule or order or form in question is: (identify and quote the pertinent statute, rule or order or form)
2. The facts and circumstances which give rise to the issue to be answered by the board's declaratory ruling are:
3. The precise issue to be answered by the board's declaratory ruling is:
Dated at (
city and state
), this ____ day of ____________, 20____.
_________________________
Signature of petitioner
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  1-26-15.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:02 - Declaratory rulings › Section 5:02:02:02 - Board action on petition

Current through Register Vol. 51, page 10, July 15, 2024
Upon receipt of the petition the board may request from the petitioner such other or further information as may be required by it for the issuance of its ruling. Within 30 days following the receipt of the petition, or within 30 days following receipt of such further requested information, the board shall issue its declaratory ruling and serve a copy of the same by mail upon the petitioner.
General Authority:
SDCL  12-1-9.
Law Implemented:
SDCL  1-26-15.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:03 - Forms for registration › Section 5:02:03:01 - Voter registration form

Current through Register Vol. 51, page 10, July 15, 2024
The voter registration form must be legibly printed. The voter registration form must be printed on one or more pages that are eight-and-a-half-inch-wide by eleven-inch-tall paper, or a county may create a large print version of this form, in the following format containing the following information:
Click here
				  to view image
Click here
				  to view image
General Authority:
SDCL  12-1-9(1).
Law Implemented:
SDCL  12-4-3,  12-4-5.4,  12-4-6,  12-4-8,  12-4-15,  12-4-1.2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:03 - Forms for registration › Section 5:02:03:12 - Agency voter registration instructions

Current through Register Vol. 51, page 10, July 15, 2024
The declination form and instructions provided with each voter registration form used by an agency which provides food stamps; temporary assistance for needy families (TANF); the women, infants, and children nutrition program (WIC); military recruitment; or assistance to the disabled as provided by the Department of Human Services must be in the following form:
SOUTH DAKOTA AGENCY VOTER REGISTRATION FORM
If you are (bold)
not registeredto vote where you live now
(unbold), would you like to apply to register to vote here today? Yes _______ No _______
If you do not check either box, you will be considered to have decided not to register to vote at this time.
If you register to vote, the information regarding the office to which the voter registration form was submitted will remain confidential and be used only for voter registration purposes.
If you don't register to vote, this decision will remain confidential and be used only for voter registration purposes.
If you would like help filling out the voter registration form, we will help you. The decision whether to seek or accept help is yours. You may fill out the form in private.
If you believe that someone has interfered with your right to register or to decline to register to vote, your right to privacy in deciding whether to register or in applying to register to vote, or your right to choose your own political party or other political preference, you may file a complaint with the Secretary of State, 500 E. Capitol, Pierre, SD 57501, 605-773-3537.
Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency.
To register, please complete the entire voter registration form by printing the requested information. If you are currently registered to vote, please also fill out the previous voter registration information at the bottom of the form. Return the voter registration form to the county auditor in your county of residence or to your local TANF, food stamp, WIC, military recruitment, or Department of Human Services office. (bold)
The deadline for registration is 15 days before any election.
(unbold)
General Authority:
SDCL  12-4-35.
Law Implemented:
SDCL  12-4-2.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:03 - Forms for registration › Section 5:02:03:13 - Voter registration instructions

Current through Register Vol. 51, page 10, July 15, 2024
The instructions attached to each voter registration form other than those used in the county auditor's office, the alternative form provided in §
									5:02:03:01, or those used by agencies listed in §
									5:02:03:12  must be in the following form:
South Dakota Voter Registration Form
Please follow these instructions carefully to ensure that your voter registration is properly completed.
You can use this form to:
* Register to vote in South Dakota
* Change your registration name or address
* Change your party affiliation
To register to vote in South Dakota, you must:
* Be a United States citizen
* Reside in South Dakota
* Be at least 18 years old on or before the next election
* Not be currently serving a sentence for a felony conviction
* Not be judged mentally incompetent by a court of law
To register, please complete the entire registration form by printing the requested information. If you are currently registered to vote, please also fill out the attached cancellation form. Return the registration/cancellation form to the county auditor in your county of residence. Any private person or entity registering voters is required to provide you with their contact information. (bold)
The deadline for registration is 15 days before any election. Your form must be received by the auditor by this deadline if you are to vote in the next election.
(unbold)
Within 15 days you will receive a notice of your registration. If you do not, contact your county auditor.
General Authority:
SDCL  12-4-35.
Law Implemented:
SDCL  12-4-2,  12-4-3.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:03 - Forms for registration › Section 5:02:03:14 - Acknowledgement notice for invalid or incomplete voter registration applications

Current through Register Vol. 51, page 10, July 15, 2024
The acknowledgement notice, sent by nonforwardable mail to each person who submits a voter registration application to the county auditor that is invalid or incomplete and cannot be filed, must be in the following form:
Invalid or Incomplete Voter Registration Acknowledgement Notice
______ Your voter registration is not valid because you are not eligible to be a registered voter.
Reason:
_________________________________________________________________
________________________________________________________________________.
______ Your voter registration has not been processed because your application is incomplete.
Please call our office if you have questions or visit our office to complete your registration. You will not be able to vote in accordance with the voter registration submitted unless you provide the needed information before __________________________.
To complete your voter registration call if you have questions, or please visit our office at __________________.
Thank You,
_________________________________
____________________ County Auditor
_________________________________
_________________________________
General Authority:
SDCL  12-1-9(3),  12-4-5.3,  12-4-35.
Law Implemented:
SDCL  12-4-5.3.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:03 - Forms for registration › Section 5:02:03:15 - Acknowledgement notice for valid voter registrations

Current through Register Vol. 51, page 10, July 15, 2024
The acknowledgement notice sent by nonforwardable mail to each person who submits a valid voter registration application to the county auditor shall contain the following heading:
VOTER REGISTRATION ACKNOWLEDGEMENT NOTICE
and the following information:
Voter's name, complete mailing address, political party, ward, precinct, school district, county commission district, legislative district, water district, township, and date of registration.
and the following instruction:
Please review the information on this card. If any of the information is incorrect, please call ___________________ so that we may correct any errors before the next election.
The postal endorsement shall be: Return Service Requested.
General Authority:
SDCL  12-4-35.
Law Implemented:
SDCL  12-4-5.3.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:03 - Forms for registration › Section 5:02:03:16 - Confirmation mailing notice

Current through Register Vol. 51, page 10, July 15, 2024
The mailing notice sent by forwardable mail to confirm voter registration information must contain the following information:
Voter Registration Information
(List voter's name, complete mailing (postage)
address, complete residence address,
political party, ward, precinct, school _________________ County Auditor
district, county commission district, ______________________________
legislative district, water district, __________________, SD ________
township, and location of precinct
polling place)
If this information is correct and you wish
to remain registered to vote, please check Forwarding Service Requested
the first box, sign below, tear off this or Address Service Requested
preaddressed and prepaid card and mail.
If this is not correct, please see reverse side
for instructions.
(bold)
You must check one:
(unbold)
[] I certify that the above information is
correct or has been corrected; or
[] I certify that I have registered elsewhere (Voter's Name)
and/or please cancel my registration. (Voter's Address)
(Voter's City, State, Zip)
Date ______________ Voter Signature ________________________
The reverse side shall be in the following form:
Voter Registration Confirmation
1. If the information on the reverse side is
correct and you wish to remain registered to
vote, please check the first box, sign, tear off,
and return the attached card.
2. If any of this information is not correct,
please check the first box, make the appropriate
changes, sign, tear off, and return the attached (Postage Prepaid)
card. Your voter registration will be changed
to reflect the information which you provide.
If you indicate a residence address outside of
your registration county, your voter registration
will be canceled; and we encourage you to register
to vote in your new county or state. (County Auditor's Address)
3. If this card is not returned within 30 days,
your voter registration will become inactive.
With an inactive registration you will be able
to vote by signing an affirmation of current
address at your polling place.
4. If this card is not returned within 30 days
and you do not vote by the second general
election from today, your registration will
be canceled.
5. If you have registered to vote elsewhere,
please check the second box, sign, and return.
General Authority:
SDCL  12-1-9(1),  12-4-35.
Law Implemented:
SDCL  12-4-19,  12-4-19.1.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:03 - Forms for registration › Section 5:02:03:17 - Retention of confirmation mailing notice records

Current through Register Vol. 51, page 10, July 15, 2024
Information on who confirmation mailing notices have been sent to and any subsequent response must be kept for two years.
General Authority:
SDCL  12-4-35.
Law Implemented:
SDCL  12-4-19.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:03 - Forms for registration › Section 5:02:03:18 - Voter registration statistics

Current through Register Vol. 51, page 10, July 15, 2024
Following each general election, each county auditor shall supply the following information to the secretary of state for compilation of statewide statistics:
(1) The number of active and inactive voter registrations at the time of the last general election;
(2) The number of active and inactive voter registrations at the time registration closes for the current general election;
(3) The number of new voter registrations between the last two general elections. This does not include any registrations which only provide for change of name, party, or address within the county;
(4) The number of active and inactive voter registrations following the current general election;
(5) The number of registrations which were canceled between the last two general elections;
(6) The number of registrations between the last two general elections received from:
(a) Driver's license offices;
(b) Mail-in;
(c) Public assistance agencies such as food stamps, AFDC, and WIC;
(d) Department of Human Services;
(e) Armed forces recruitment offices;
(f) Municipal finance offices;
(g) In-person registration at the auditor's office;
(h) Voter registration drives which deliver cards; and
(i) Individual voters registering through the UOCAVA system;
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:03 - Forms for registration › Section 5:02:03:19 - Voter registration address verification notice

Current through Register Vol. 51, page 10, July 15, 2024
The verification notice sent by nonforwardable, return-if-undeliverable mail to the mailing address of registered voters as required by SDCL  12-4-19 must contain the following:
(1) Heading:
Voter Registration Address Verification Notice
;
(2) First instruction: (bold)
If this person no longer lives at this address,
check the box "No longer here" on the front of this card and place in a mailbox. Do not throw away.
(unbold);
(3) Information: Voter's name, complete residence address, political party, ward, precinct, school district, county commission district, legislative district, water district, township, and date of registration;
(4) Second instruction: Please review the information on this card. If any of the information is not correct and you wish to change it, please call ________________ to request a new voter registration form; and
(5) Postal endorsement: Return Service Requested.
General Authority:
SDCL  12-1-9(1),  12-4-35.
Law Implemented:
SDCL  12-4-19.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:03 - Forms for registration › Section 5:02:03:20 - Potential duplicate notice

Current through Register Vol. 51, page 10, July 15, 2024
The mailing notice sent to potential duplicates by forwardable mail to confirm voter registration information must contain the following information:
Voter Registration Information (postage)
(List voter's name, complete mailing
address, complete residence address, _________________________________________
political party, ward, precinct, school _________________________________________
district, county commission district, __________________________, SD ___________
legislative district, water district,
township, and visit
sdsos.gov
to find
your voting location.)
If this information is correct and you wish
to remain registered to vote, please check Forwarding Service Requested
the first box, sign below, tear off this or Address Service Requested
preaddressed and prepaid card and mail.
If this is not correct, please see reverse
side for instructions.
(bold)
You must check one:
(unbold)
Click To View
				  Image
I certify that the above information
is correct or has been corrected and
that I am not registered at any other
address; or
Click To View
				  Image
I certify that I have registered elsewhere (Voter's Name)
or cancel my registration. (Voter's Address)
(Voter's City, State, Zip)
Date ______________
Voter Signature ________________________
The reverse side shall be in the following form:
Potential Duplicate Voter Registration Notice
1. Your voter registration has been identified
as a possible duplicate voter registration in
South Dakota. Please follow these instructions
to confirm the validity of this voter registration.
2. If you are not registered at any other address,
the information on the reverse side is correct and
you wish to remain registered to vote, please (Postage Prepaid)
check the first box, sign, tear off, and return the
attached card.
3. If any of this information is not correct, please
check the first box, make the appropriate changes,
sign, tear off, and return the attached card. Your
voter registration will be changed to reflect the
information which you provide.
(County Auditor's Address)
4. (bold)
If this card is not returned within 30 days,
your voter registration will become inactive.
(unbold)
With an inactive registration you will be able to vote
by signing an affirmation of current address at your
polling place.
5. If this card is not returned within 30 days and you
do not vote by the second general election from today,
your registration will be canceled.
6. If you have registered to vote elsewhere, please
check the second box, sign, and return.
General Authority:
SDCL  12-1-9(1).
Law Implemented:
SDCL  12-4-40.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:03 - Forms for registration › Section 5:02:03:21 - Statement by person registering without a driver license, nondriver identification number, or social security number

Current through Register Vol. 51, page 10, July 15, 2024
The statement which must be signed by a person registering to vote who does not have a South Dakota driver license, South Dakota nondriver identification number, or social security number shall be in the following form:
Statement by Person Registering Without a South Dakota Driver License, South Dakota Nondriver
Identification Number, or Social Security Number
I, _______________________ (print complete name), under oath, declare that I do not have a valid South Dakota driver license or South Dakota nondriver identification number, and that I have not been issued a social security number. Because I do not have a South Dakota driver license, South Dakota nondriver identification number, or social security number, my voter registration form is blank in the spot requiring such number.
(Signed) _______________________________
Sworn to before me this ______ day of ______________, 20 _____.
(Seal)
________________________________
Signature of County Auditor
General Authority:
SDCL  12-4-5.4.
Law Implemented:
SDCL  12-4-5.4.
South Dakota Administrative Rules › Title 5 - Secretary of State › Article 5:02 - State Board of Elections › Chapter 5:02:03 - Forms for registration › Section 5:02:03:22 - Parameters for voter registration verification with driver license records

Current through Register Vol. 51, page 10, July 15, 2024
The voter registration fields being compared to the South Dakota driver license system fields are:
. SSN or driver license number to DRVR-LIC-NO-SSN
. last name to LAST-NAME DL
. first name to FIRST-NAME DL
. date-of-birth to DATE-OF-BIRTH DL
Four steps will be performed to check a South Dakota driver license number:
(1) A number check will be executed to see if the voter registrant's driver license number matches. If a match is not found no further checks are conducted on that record.
(2) If the number check matches, a check will be performed against the last name on the driver license.
(3) If the number check matches, a check will be performed against the first name on the driver license.
(4) If the number check matches, a check will be performed against the date-of-birth on the driver license.
General Authority:
SDCL  12-4-5.5.
Law Implemented:
SDCL  12-4-5.5.