Search Bills

Amend provisions pertaining to the maintenance and publication of the statewide voter registration file.

This bill requires South Dakota's voter registration system to be hosted and maintained entirely by the state using in-house servers and state employees, rather than allowing outside contractors or vendors to handle the data. The bill also speeds up how often counties must send voter registration updates to the Secretary of State—changing from twice-yearly reports to updates sent within seven days after each election. These changes aim to keep voter registration data more secure and current under direct state control.

Amend provisions pertaining to the verification of registered voters contained in the master registration file.

HB1220 allows family members to report a registered voter's death to the county auditor by submitting an affidavit, which triggers immediate removal of that voter from the registration file. The bill also reorganizes the rules for when county auditors send address verification notices to inactive voters, clarifying that these notices must be sent if a voter hasn't voted, updated their information, or responded to a confirmation mailing within four years.

Require a voter use a pen when marking a ballot.

South Dakota voters marking paper ballots will be required to use a pen instead of being allowed to use either a pencil or pen. The bill removes the option to use a pencil and makes pen the mandatory writing instrument for marking ballots. This change applies to all paper ballot voting in the state.

Prevent a member of a governing body from assisting in the canvass of the votes for an office for which the member is a candidate.

This bill prevents members of a governing body from participating in the official canvass (counting and verification) of votes for any office they themselves are running for. The change adds a conflict-of-interest safeguard by ensuring that candidates cannot help count votes in their own elections.

Require an individual be a citizen of the United States before being eligible to vote and to provide a penalty therefor.

South Dakota law currently allows any person meeting residency, age, and registration requirements to vote, but this bill explicitly requires voters to be U.S. citizens and makes violating this requirement a Class 5 felony. The bill reorganizes the voting eligibility rules into a numbered list format while adding citizenship as the first and primary requirement.

Provide for the publication of the cast vote record of automatic tabulating equipment and to make an appropriation therefor.

South Dakota counties must now publish their voting machine records—called "cast vote records" and any digital ballot images—on their websites by 5 p.m. the day after each primary and general election, making these records publicly available for inspection. The state is providing $516,000 in grants to county auditors to help pay for implementing this new transparency requirement.

Require an individual be registered as a voter of this state before being eligible to be a petition sponsor for a ballot measure.

South Dakota voters who want to sponsor a ballot measure petition must now be registered voters in the state, a new requirement that didn't previously exist. The bill also modifies the petition filing process to clarify that sponsors must submit notarized affidavits with their names and addresses before circulation begins. These changes apply to petitions for constitutional amendments and likely other ballot measures governed by the same election code sections.

Prohibit the use of a deepfake to influence an election and to provide a penalty therefor.

South Dakota would make it illegal to spread deepfakes (realistic AI-generated audio, video, or images of people) within 90 days of an election if done to harm a candidate, unless the deepfake is clearly labeled as fake or is satire. Violating this ban would be a Class 1 misdemeanor, though the law would exempt legitimate news broadcasts and other protected speech. This creates a new criminal offense in state law to combat election interference through manipulated media.

Amend provisions pertaining to the process by which the qualifications of a registered voter are verified.

This bill creates a new process for removing voters from the registration rolls based on challenges to their address. A property owner can submit an affidavit stating that a registered voter doesn't actually live at their registered address, which triggers the county auditor to send a verification letter; if the voter doesn't respond or the letter is returned as undeliverable, their registration is automatically canceled.

Prohibit the use of automatic tabulating equipment.

South Dakota would ban the use of automatic tabulating equipment and electronic ballot marking systems in all elections, effective immediately for both the state and local governments. The bill removes references to these electronic systems from election law and requires ballots to be counted manually instead. This represents a shift away from the computerized voting systems currently permitted under state law.

Proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota, clarifying that an individual must be a citizen of the United States to be eligible to vote.

This joint resolution proposes a constitutional amendment that would explicitly require voters to be U.S. citizens—a clarification of existing voting law that is being submitted to South Dakota voters for approval in the next general election. The amendment tightens the language in the state constitution's voting eligibility section to emphasize citizenship as a requirement, while keeping other existing qualifications like age (18+) and residency intact.

Amend provisions pertaining to the maintenance and publication of the statewide voter registration file.

HB1062 expands what information county auditors must keep in their voter registration files by requiring them to track the last four elections a voter participated in (instead of just the most recent one) and to record detailed information about absentee ballot requests, including when ballots were requested, returned, and what voting method was used. The bill also continues to protect sensitive personal information like Social Security numbers, driver's license numbers, and dates of birth from public access while keeping the registration files otherwise open for inspection during office hours.

Amend the requirements for a paper ballot.

HB1104 updates South Dakota's ballot printing standards by specifying exact paper quality requirements—including weight, opacity, brightness, and thickness—that official ballots must meet. The bill also clarifies that sample ballots must be printed on yellow paper with timing marks removed and the word "sample" displayed at the top, and it modernizes the language used throughout the ballot requirements section without changing the core rules about how candidate names are arranged on ballots.

Modify provisions pertaining to the registration of voters.

This bill changes South Dakota's voter registration rules by updating the definition of "resident" to require both physical presence in the state and an intent to stay for at least 30 days before an election, while clarifying that students and active-duty military members retain their residency status. The bill modifies several election-related statutes to align with this new definition and adds provisions to strengthen voter registration procedures.

Require that notice of a county's canvass, post-election audit, and testing of automatic tabulating equipment be posted to the secretary of state's website.

This bill requires county election officials to post notices about three election activities—the testing of voting machines, the official canvass of election results, and post-election audits—to the South Dakota Secretary of State's website so the public can easily find this information. Previously, counties only had to notify political parties and post notices locally; this change adds a statewide transparency requirement by centralizing these notices on a state website.

Require that an individual registering as a voter when applying for a driver license be a resident of this state for the purposes of voting.

SB 73 changes the definition of "principal residence" for driver's license purposes to require that it be a physical location in South Dakota where a person has lived for at least thirty days, aligning driver's license residency with voter registration requirements. The bill also allows homeless individuals to use a homeless shelter or other regular location as their principal residence for driver's license registration purposes.

Make reports produced by automatic tabulating equipment open to public inspection.

This bill requires election officials to make public reports from voting machines—including test results, precinct-by-precinct tallies, and configuration reports—available for anyone to inspect at no charge within 24 hours after elections, equipment tests, or post-election audits. Previously, there was no state requirement to publicly disclose these documents from automatic tabulating equipment. The new requirement increases transparency in South Dakota's election process.

Revise provisions associated with residency for voting purposes.

SB218 clarifies South Dakota's definition of voter residency by requiring that a resident maintain an actual fixed permanent dwelling where they live and usually sleep for at least 30 consecutive days, and specifying that someone remains a resident of their county during temporary absences unless they move to another state with the intention of making it their permanent home. The bill modernizes the language in state election law to use "individual" instead of "person" and removes outdated phrasing while keeping the core residency rules largely the same.

Revise residency requirements for the purposes of voter registration.

HB1066 updates South Dakota's voter registration rules by clarifying what counts as legal residence for voting purposes and adds an exception allowing certain people to maintain their South Dakota residency even while temporarily absent from the state. Specifically, the bill protects the voting residency of people who are absent due to state or federal business, or who are on active duty in the military, allowing them to keep their South Dakota voter registration without losing their residency status.

Designate contact information provided on a voter registration form as not for public inspection.

HB 1073 allows voters to keep their phone numbers and email addresses private by designating them as not available for public inspection on voter registration forms, similar to existing protections for Social Security numbers and driver's license numbers. The bill clarifies that county auditors must safeguard this optional contact information and restricts its use to election purposes only.

Provide for the recall of a member of a board of a school district.

South Dakota voters can now recall school board members by submitting a petition signed by at least 15% of registered voters in their school district, but only for specific reasons like crimes in office, corruption, gross incompetency, or misconduct. The school district's business manager must present valid petitions to the board at their next regular meeting, and signatures must have been collected within 60 days of filing. This creates a new mechanism for removing school board members that didn't previously exist in state law.

Designate an individual using the address of a mail forwarding service or post office box when applying to register as a voter or vote by absentee ballot as a federal voter.

South Dakota voters who live overseas or use a mail forwarding service or post office box as their address can now register to vote and cast absentee ballots using that alternative address instead of a physical residential address. The bill modifies the state's definition of "residence" for voting purposes to allow these individuals to qualify as voters, removing the requirement that voters maintain an actual fixed permanent dwelling in the state.

Prohibit the use of paid petition circulators, and provide a penalty therefor.

This bill prohibits people from being paid to collect signatures for petitions to initiate constitutional amendments or laws in South Dakota. Anyone who violates this ban by paying petition circulators or accepting payment to circulate petitions would face penalties, effectively requiring all signature collection to be done by unpaid volunteers.

Supporting the Electoral College, denouncing the National Popular Vote Interstate Compact, and inviting interested states to form the Electoral College Interstate Compact.

This concurrent resolution expresses South Dakota's support for the Electoral College system and opposition to the National Popular Vote Interstate Compact, which is an agreement among states to award their electoral votes based on the national popular vote winner rather than their own state's results. The resolution also invites other states to join South Dakota in forming an "Electoral College Interstate Compact" to defend the current system. This resolution does not change existing state law—it is a statement of legislative opinion on presidential election policy.

Require the secretary of state to publish the numbers pertaining to the collection of signatures on a nominating petition.

South Dakota's Secretary of State must now publish on its website by January 2nd of each election year the number of signatures required for nominating petitions. Registered voters can challenge these published numbers by submitting an affidavit to the Secretary of State by January 16th, with disputes resolved through the circuit court in Hughes County if needed.

Require an indication of United States citizenship status on a motor vehicle operator's license or permit, and on a nondriver identification card.

South Dakota driver's licenses and nondriver ID cards must now include a visible indication of whether the holder is a U.S. citizen. This new requirement adds citizenship status as one of several pieces of information displayed on the card, similar to existing indicators for organ donors or veterans.

Revise the requirements for a petition to initiate a measure or constitutional amendment or to refer a law.

SB91 makes technical changes to how citizens submit petitions to put constitutional amendments and laws on the ballot in South Dakota. The bill revises filing requirements to clarify that petitions must be submitted in both physical and electronic formats to the secretary of state, and it specifies that certain documents like the amendment text, attorney general's explanation, and fiscal notes must accompany the petition filing. The bill also updates procedural rules around petition circulators providing information to people who sign petitions.

Require that the director of the Legislative Research Council and the secretary of state review an initiated measure and determine if the measure embraces more than one subject.

South Dakota's secretary of state must now review every proposed ballot initiative to check whether it violates the state constitution's requirement that measures address only one subject, and certify compliance in writing to the sponsors and state officials. If the secretary of state denies certification, anyone can appeal directly to the Supreme Court within 15 days, and the same appeal right applies if someone challenges a measure that was certified.

Amend provisions pertaining to the duties of presidential electors.

South Dakota's presidential electors will now be required by law to vote for whichever presidential and vice-presidential candidates received the most votes in the state's general election. This new rule ensures that electors cannot vote for a different candidate than the one South Dakota voters chose, eliminating the possibility of so-called "faithless electors" going against the state's popular vote.

Modify provisions pertaining to the compensation of a recount board.

This bill gives local governments the power to set their own pay rates for recount board members, rather than requiring them to earn at least $25 per day or the state minimum wage. The bill also clarifies that recount board members receive mileage reimbursement based on actual miles traveled (after the first ten miles) rather than a fixed daily rate.

Require that a candidate for election to the board of a school district disclose the candidate's party affiliation on a declaration of candidacy.

School board candidates in South Dakota must now disclose their political party affiliation on their declaration of candidacy form, based on what their voter registration shows. This requirement applies to all candidates running for school board positions across the state.

Revise provisions related to the identification of minors in certain public records.

This bill protects the privacy of minors and their relatives in public court records by requiring them to be identified only by generic labels (like "minor" or "relative") followed by numbers instead of their actual names. The bill also clarifies that sensitive financial and medical information filed with courts must be submitted on separate confidential forms that are kept from public view.

Proposing and submitting to the voters at the next general election amendments to the Constitution of the State of South Dakota, requiring an intervening general election before consideration of an initiated constitutional amendment or initiated measure having the same subject as a previously rejected initiated amendment or measure.

This joint resolution proposes a constitutional amendment that would require voters to reject an initiative or constitutional amendment twice before it can be brought back—an intervening general election must occur between the first rejection and any new attempt with the same subject matter. Currently, South Dakota allows citizens to submit the same initiative again immediately after it fails, but this change would prevent that by creating a waiting period of at least two years.

Modify provisions pertaining to the submission of a nominating petition.

This bill changes the deadline for candidates to submit nominating petitions to appear on South Dakota primary election ballots, moving it from the last Tuesday of March to the last third Tuesday of March at 5 p.m. local time. The bill also clarifies that petitions mailed by registered mail by the last Tuesday of March at 5 p.m. will still be considered on time, and reorganizes which office locations receive petitions for different types of candidates (county auditors for county races, and a state office for legislative and judicial races).

Prohibit the use of voter centers in a county.

South Dakota counties would be prohibited from using "voter centers" — consolidated voting locations where voters can cast ballots anywhere in the county rather than at assigned precinct polling places. The bill eliminates this voting option by removing the legal framework that currently allows counties to operate voter centers, returning to a system where voters must vote at their designated precinct location.

Revise the process by which a recount may be requested.

SB173 changes how candidates can request election recounts by centralizing the petition process through the Secretary of State instead of filing separately with each county auditor. The bill tightens the timeline for completing recounts to 14 days and clarifies procedures for multi-county recounts, including allowing candidates to request presence at each county's recount.

Proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota, requiring a number of signatures on a petition to initiate a constitutional amendment be obtained from each county.

South Dakota voters would decide whether to require that constitutional amendment petitions collect signatures from each county, rather than just from each senatorial district as current law requires. The change would make it harder to qualify amendments for the ballot by spreading the signature-gathering requirement more broadly across the state. This is a proposed constitutional amendment that needs voter approval to take effect.

Modify the voter registration deadline.

This bill extends South Dakota's voter registration deadline from 15 days before an election to 30 days before an election, giving people more time to register to vote. The change applies to both regular elections and runoff elections, and also requires the State Board of Elections to establish rules for sharing voter registration information by computer between agencies and the secretary of state.

Amend the deadline for filing a petition to initiate a measure or constitutional amendment.

This bill moves up the deadline for filing constitutional amendment petitions from one year before the general election to some earlier point (the specific new deadline isn't fully shown in the excerpt provided). The change affects groups seeking to put constitutional changes directly before South Dakota voters through the ballot initiative process.

Require the inclusion of certain information on a candidate's nominating petition or on a ballot question petition.

South Dakota voters signing initiative petitions, referendum petitions, or ballot measure petitions must now provide their name, signature, current voter registration address, county of registration, and the date they signed. The Secretary of State will only count signatures that include all this required information and will make petition materials publicly available upon request.

Repeal the requirement that judicial officers be listed on a separate nonpolitical ballot.

South Dakota currently requires judicial officers to appear on a separate, nonpolitical ballot during elections, but this bill eliminates that requirement and allows judges to be listed on the same ballot as other candidates. The change simplifies the voting process by removing the need for a distinct judicial ballot while judges will still run for election.

Amend eligibility to vote by absentee ballot.

SB188 tightens South Dakota's absentee voting eligibility by requiring voters to have a specific reason—such as being out of the county, having a disability or illness, observing a religious holiday, attending college, or having work conflicts—rather than allowing anyone to vote by mail. The bill also changes the absentee voting period, starting it 15 days before the election for most voters instead of the current 46 days, though uniformed services and overseas voters still get the full 46-day window.

Provide permissible dates for municipal and school district elections.

South Dakota municipalities and school districts can now hold elections on one of two dates—the first Tuesday after the first Monday in June or the first Tuesday after the first Monday in November—instead of the previous fixed April date, giving local governments more scheduling flexibility. The bill also allows municipalities and school districts to combine their elections on the same day if both governing bodies approve, streamlining the voting process. Several outdated election date provisions have been removed from state law to reflect these new permissible dates.

Proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota, requiring that a constitutional amendment receive an affirmative vote of sixty percent of the votes cast before the measure is enacted.

This bill asks South Dakota voters to approve a constitutional amendment that would require future constitutional changes to receive at least two-thirds approval from voters, instead of just a simple majority as currently required. If approved, this would make it harder to amend the state constitution by raising the threshold needed to pass constitutional amendments. The change would apply to both legislatively-proposed amendments and citizen-initiated ballot measures.