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CHAPTER 5:04:03
NOTARIES PUBLIC
Section
5:04:03:01 Notary public application, and oath, and bond form.
5:04:03:02 Repealed.
5:04:03:03 Repealed.
5:04:03:04 Form for notary public request to change record.
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5:04:03:01. Notary public application, and oath, and bond form. The application and bond
form for a notary public and an e-notary is as follows must contain:
(1) Front side:
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(2) Reverse side:
(1) A statement indicating the application fee of thirty dollars;
(2) Spaces where the applicant may provide the applicant's:
(a) Name;
(b) Street address;
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(c) City;
(d) State;
(e) Zip code;
(f) County of residence; and
(g) Date of birth;
(3) A statement indicating that the applicant must apply in the same name as that which appears
on the seal imprint;
(4) Whether the applicant has been convicted of a felony;
(5) The oath, as required by SDCL 3-1-5;
(6) Whether the applicant resides in an out-of-state county bordering South Dakota;
(7) If the applicant resides in a county described in subdivision (6), the applicant's place of work
or business in South Dakota;
(8) Whether the applicant intends to provide e-notary services;
(9) If the applicant intends to provide e-notary services, an image of the applicant's electronic
seal and the name of each vendor providing the applicant's method of tamper-evident notarization;
(10) An imprint of the applicant's official seal that shows:
(a) The applicant's name;
(b) The words, "South Dakota"; and
(c) The words, "notary public";
(11) A statement indicating that the applicant's official seal must have a border surrounding the
imprint; and
(12) A statement indicating that a rubber stamp seal and an electronic seal must have the word
"seal" within the border.
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Source: 24 SDR 11, effective August 6, 1997; 28 SDR 54, effective October 22, 2001; 30 SDR
189, effective June 9, 2004; 35 SDR 165, effective December 22, 2008; 42 SDR 177, effective
June 30, 2016; 44 SDR 106, effective December 6, 2017; 45 SDR 44, effective October 8, 2018;
51 SDR 17, effective August 18, 2024.
General Authority: SDCL 18-1-1, 18-1-11.7.
Law Implemented: SDCL 18-1-1, 18-1-2, 18-1-3, 18-1-3.1, 18-1-11.4.
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5:04:03:04. Form for notary public request to change record. The form for Notary Public
and E-Notary Request to Change Record notary public and e-notary request to change record is as
follows must contain:
(1) Space where the applicant may provide the applicant's:
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(a) Name;
(b) Additional names commissioned under;
(c) Commission date;
(d) County of residence; and
(e) Date of birth;
(2) A space for an imprint of the applicant's new official seal that shows:
(a) The applicant's name;
(b) The words, "South Dakota"; and
(c) The words, "notary public";
(3) A statement indicating that the applicant's official seal must have a border surrounding the
imprint; and
(4) A statement indicating that a rubber stamp seal and an electronic seal must have the word
"seal" within the border.
Source: 35 SDR 165, effective December 22, 2008; 42 SDR 177, effective June 30, 2016; 44
SDR 106, effective December 6, 2017; 51 SDR 17, effective August 18, 2024.
General Authority: SDCL 18-1-1, 18-1-11.7.
Law Implemented: SDCL 18-1-1, 18-1-3, 18-1-3.1, 18-1-11.4.
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CHAPTER 5:04:06
STATEWIDE VOTER REGISTRATION FILE
Section
5:04:06:01 Repealed.
5:04:06:02 Repealed.
5:04:06:03 Repealed.
5:04:06:04 Duplicate voter registration check.
5:04:06:05 Potential duplicate voter registration check.
5:04:06:06 Voter registration list request form.
5:04:06:07 Charges for electronic copy of information from the statewide voter registration
file.
5:04:06:07.01 Charges for paper copy of information from the statewide voter registration file.
5:04:06:08 Absentee voter registration list request form.
5:04:06:09 Charges for information regarding absentee voting from the statewide voter
registration file.
5:04:06:10 Voter registration file security.
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5:04:06:07. Charges for electronic copy of information from the statewide voter
registration file. The fees for an electronic file with voter registration information are as follows:
(1) Statewide is $2,500, two hundred twenty-five dollars;
(2) Statewide for voters registered with a new parties party or parties a party with alternative
political status for just their party voters is:
(a) $15 Ten dollars for 1,000 one thousand names or less;
(b) $50 Twenty dollars for 1,001 to 10,000 between one thousand one and ten thousand
names;
(c) $100 Forty dollars for 10,001 to 25,000 between ten thousand one and twenty-five
thousand names; and
(d) $250 Fifty-five dollars for more than 25,000 twenty-five thousand names;
(3) Legislative district is $100, twenty-five dollars; and
(4) County or any other district is $15 for 1,000 names or less;:
(a) Ten dollars for one thousand names or less;
(b) Twenty dollars for between one thousand one and ten thousand names;
(c) Forty dollars for between ten thousand one and twenty-five thousand names; and
(d) Fifty dollars for more than twenty-five thousand names.
(5) County or any other district is $50 for 1,001 to 10,000 names;
(6) County or any other district is $100 for 10,001 to 25,000 names; and
(7) County or any other district is $250 for more than 25,000 names.
The fee for any updated partial file containing only changes made within a year after the
purchase of a complete file is $250 fifty dollars for a statewide file and $25 ten dollars for a
legislative district, any other district, or county file.
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The fees for a paper list with voter registration information are as follows:
(1) Statewide is $5,500;
(2) Statewide for new parties or parties with alternative political status for just their party voters
is:
(a) $20 for 1,000 names or less;
(b) $75 for 1,001 to 10,000 names;
(c) $200 for 10,001 to 25,000 names; and
(d) $600 for more than 25,000 names;
(3) Legislative district is $200;
(4) County or any other district is $20 for 1,000 names or less;
(5) County or any other district is $75 for 1,001 names to 10,000 names;
(6) County or any other district is $200 for 10,001 to 25,000 names; and
(7) County or any other district is $600 for more than 25,000 names.
The fee for any updated partial list containing only changes made within a year after the
purchase of a complete list is $550 for a statewide list and $60 for a legislative district, any other
district, or county list.
Source: 28 SDR 54, effective October 22, 2001; 40 SDR 39, effective September 9, 2013; 45
SDR 44, effective October 8, 2018.
General Authority: SDCL 12-4-39(5).
Law Implemented: SDCL 12-4-39(5).
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5:04:06:07.01. Charges for paper copy of information from the statewide voter
registration file. The fees for a paper list with voter registration information are as follows:
(1) Statewide, one thousand dollars;
(2) Statewide for voters registered with a new party or a party with alternative political status:
(a) Twenty dollars for one thousand names or less;
(b) Seventy-five dollars for between one thousand one and ten thousand names;
(c) Two hundred dollars for between ten thousand one and twenty-five thousand names; and
(d) Six hundred dollars for more than twenty-five thousand names;
(3) Legislative district, one hundred dollars; and
(4) County or any other district:
(a) Twenty dollars for one thousand names or less;
(b) Thirty dollars for one between one thousand one and ten thousand names;
(c) Forty dollars for between ten thousand one and twenty-five thousand names; and
(d) Fifty dollars for more than twenty-five thousand names.
The fee for any updated partial list containing only changes made within a year after the
purchase of a complete list is one hundred dollars for a statewide list and seventy-five dollars for
a legislative district, any other district, or county list.
Source:
General Authority: SDCL 12-4-39.
Law Implemented: SDCL 12-4-39(5).
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5:04:06:09. Charges for information regarding absentee voting from the statewide voter
registration file. The fees for a daily electronic file with absentee voter registration information
per election are as follows:
(1) Statewide is $3,000, two hundred twenty-five dollars;
(2) Legislative district is $150, fifty dollars; and
(3) County is $65 for 1,000 names or less;:
(a) Ten dollars for one thousand names or less;
(b) Twenty-five dollars for between one thousand one and ten thousand names;
(c) Fifty dollars for between ten thousand one and twenty-five thousand names; and
(d) Seventy-five dollars for more than twenty-five thousand names.
(4) County is $100 for 1,001 names to 10,000 names;
(5) County is $150 for 10,001 to 25,000 names; and
(6) County is $300 for more than 25,000 names.
Source: 40 SDR 121, effective January 6, 2014; 42 SDR 177, effective June 30, 2016.
General Authority: SDCL 12-4-39(5).
Law Implemented: SDCL 12-4-39(5).