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modify certain requirements concerning the printing of ballots.
HB1124 clarifies the timing requirements for when county auditors must print ballots, specifying that sample and official ballots cannot be printed earlier than 60 days before an election and must be in the auditor's possession no later than 48 days before the election. The bill also requires that candidate names appear on ballots exactly as they were listed in the candidate's declaration of candidacy or nominating petition.
revise certain provisions regarding absentee ballots.
This bill clarifies the rules for mailing absentee ballots in South Dakota by requiring voters to first comply with specific application procedures before the Secretary of State can send them a ballot. It also specifies that absentee ballot applications can only be mailed if a voter has actually requested one, preventing unsolicited applications from being sent out.
adopt the Uniform Faithful Presidential Electors Act.
South Dakota is adopting the Uniform Faithful Presidential Electors Act, which establishes rules for how the state's presidential electors must vote in presidential elections. The bill repeals the existing law on this topic (South Dakota Codified Law §7-8-16) and replaces it with the uniform model law designed to ensure electors vote according to state law and their pledges.
define adjournment for the counting of ballots.
This bill clarifies what "adjournment" means during ballot counting by allowing election officials to take short breaks for health and wellbeing purposes without it counting as an official adjournment that would stop the counting process. The key change is that ballot counting must continue without stopping until completed, except for these authorized short recesses—officials cannot use adjournment as a reason to delay or halt the count.
make an appropriation for the purchase of a new online voter registration system and to declare an emergency.
South Dakota is appropriating money to purchase a new online voter registration system to replace the current one. The bill updates the state's voter registration laws to support this new system and declares an emergency so the funding can be used immediately rather than waiting for the next budget cycle.
require the sorting of absentee ballots.
This bill changes absentee ballot handling by requiring county auditors to sort and process absentee ballots before polls close on election day, rather than making it optional. The sorting, opening, and stamping of ballots becomes mandatory, though results still cannot be counted or displayed until after polls close. A separate section repeals an outdated statute related to ballot procedures.
establish fees for information provided from the statewide voter registration file.
HB 1229 establishes new fees that organizations and individuals must pay to obtain voter registration information from South Dakota's statewide voter file. The bill amends the law governing access to this voter data to specify what these fees will be and how they apply to different types of requests for voter information.
modify the time period for absentee voting.
# HB 1245 Summary HB 1245 changes the rules for when South Dakota voters can cast absentee ballots by modifying the time period allowed for absentee voting. The bill amends the existing absentee voting law to adjust when voters can submit their ballots before an election. The specific details of how the timing changes are contained in the revised statute.
require certain font size for initiated measure petitions and constitutional amendment petitions.
SB77 requires that petitions for initiated measures and constitutional amendments use a minimum font size to make them more readable for signers. The bill updates multiple sections of South Dakota law governing petition requirements and repeals several outdated petition-related statutes, consolidating and clarifying the rules for how citizens can propose changes to state law or the constitution.
revise certain requirements regarding the review of initiated amendments to the Constitution and to declare an emergency.
South Dakota now requires people proposing constitutional amendments to submit their proposals to the Legislative Research Council at least six months before collecting signatures, so the council can review them for legal compliance and potential fiscal impacts. The council director must provide written feedback within 15 business days to help sponsors fix any problems with their proposed amendment before they start gathering signatures.
authorize the recall of county commissioners.
South Dakota voters would gain the power to remove county commissioners from office before their terms end through a recall election, if they gather signatures from either 15% of voters in the commissioner's district or 5% of county voters. The recall can only proceed if the petition specifies legitimate grounds such as misconduct, corruption, incompetence, or crimes in office, and signatures must be collected within 60 days before filing with the county auditor.
revise certain references to secondary elections.
HB1119 updates South Dakota's election law to use consistent language about runoff elections in municipal races, changing references from "secondary elections" to "secondary runoff election" to clarify the specific type of election being discussed. The bill specifies that when a municipal election goes to a runoff round, absentee ballots must be available at least seven days before the runoff election day, rather than the standard fifteen days for regular municipal elections.
create a requirement for the distribution of certain voter information.
South Dakota's Secretary of State and county auditors must now provide two options for distributing voter information related to absentee ballots: either a list of voters who have requested an absentee ballot, or a more detailed list showing voters who have requested, received, or returned an absentee ballot. This new requirement gives those seeking this voter information flexibility in choosing which level of detail they want to receive.
revise fiscal note requirements for initiative and initiated amendments.
HB 1249 changes the requirements for fiscal notes that must be prepared when South Dakota citizens propose ballot initiatives or constitutional amendments. The bill revises the rules in state law about what information and analysis must be included in these fiscal notes, which estimate the financial impact of proposed ballot measures.
protect voter registration information for certain voters.
This bill allows domestic violence victims and people living in domestic violence shelters to register as "secured active" voters, which keeps their voter registration information private and hidden from public records. Law enforcement agencies and courts can still access this information, but the general public cannot. The protected status lasts for five years and can be renewed or cancelled at the voter's request.
revise certain provisions regarding voter registration records.
SB 116 requires county auditors to keep voter registration records open for public inspection while protecting sensitive personal information like Social Security numbers, driver's license numbers, and dates of birth from public view. The bill also clarifies that voter registration files must include when voters last voted and when their information was last updated, and sets a requirement that these files be updated at least monthly. These changes establish clearer rules about what voter registration information the public can access and how frequently registration records must be maintained.
revise the process of filling vacancies for candidates for elected office.
This bill clarifies how South Dakota parties fill candidate vacancies that occur after primary elections due to death or withdrawal. For statewide offices and presidential electors, the State Party Central Committee fills the vacancy, while for all other offices, only county party central committee members who live in the affected district vote to fill the vacancy. The bill also specifies that the party State Central Committee chairman must issue the meeting notice by mail and designate when and where the meeting will be held.
revise certain provisions regarding fingerprint-based background checks for the Real Estate Commission and the appraiser certification program.
South Dakota is updating background check requirements for real estate professionals and appraisers by clarifying that fingerprint-based criminal background checks must be completed before someone can be licensed as a real estate broker, property manager, or residential rental agent. The bill also allows the Real Estate Commission to require background checks for any licensed professional under disciplinary investigation, with applicants responsible for paying the fingerprinting and investigation fees.
revise certain provisions relating to the South Dakota Retirement System.
This bill updates the South Dakota Retirement System to require picture identification from members applying for membership, benefits, or withdrawals. The bill specifies that acceptable ID includes a current driver's license or any government-issued or tribal picture identification card, and requires spouses to also provide picture ID when withdrawing contributions from a married member's account.
allow a change of voter registration information through an online system provided by the Office of the Secretary of State.
SB24 allows South Dakota voters to update their voter registration information online through a system created by the Secretary of State, rather than requiring them to use only paper forms or in-person registration. This makes it easier for voters to change their address, name, or other registration details without having to visit an election office or mail in paperwork.
Proposing and submitting to the voters at the next primary election a new section to Article XI of the Constitution of the State of South Dakota, relating to a three-fifths vote requirement for certain initiated or Legislature-proposed constitutional amendments and initiated or Legislature-referred measures.
This bill proposes a constitutional amendment for South Dakota voters to decide, which would require a three-fifths majority (instead of a simple majority) to pass certain constitutional amendments and ballot measures that are either initiated by citizens or proposed by the Legislature. If approved by voters, this higher threshold would make it harder to change the state constitution or pass measures through the ballot initiative process.
modify the type of candidates that may use a joint petition.
This bill clarifies which candidates can file nomination petitions together. It allows delegate candidates and candidates for multiple legislative offices to use a single joint petition, but excludes candidates running in joint legislative districts from using this option. The change makes the rules for joint petitions more specific about which types of candidates qualify.
remove an incorrect cross-reference in provisions regarding elections.
SB 25 fixes an incorrect reference in South Dakota's election laws that pointed to the wrong section of state statute. This technical correction ensures that the election provisions reference the correct legal sections so they work as intended.
revise provisions regarding the legislative redistricting process.
This bill updates South Dakota's redistricting guidelines to emphasize that counties and municipalities should be respected as geographical and political boundaries when the Legislature redraws legislative districts. The change adds "respect for geographical and political boundaries, specifically, counties and municipalities" as a primary principle that lawmakers must consider during the 2021 redistricting process, alongside other requirements like keeping districts compact and protecting minority voting rights.
Rescinding a House Joint Resolution calling for a constitutional convention for the sole purpose of changing the Constitution of the United States.
South Dakota is withdrawing its previous call for a national constitutional convention to amend the U.S. Constitution. This resolution cancels out an earlier legislative action that South Dakota had taken supporting such a convention.