The amendment restructured voter registration record privacy protections to expand the categories of people whose personal information is shielded from public inspection—changing from protecting only judges to also protecting law enforcement officers—while reformatting the list of voter registration locations into a numbered structure for clarity. This BROADENS the bill's privacy protections beyond the original scope.
26.521.14 26.521.15 101st Legislative Session 1084 2026 South Dakota Legislature House Bill 1084 HOUSE JUDICIARY ENGROSSED Introduced by: The Committee on Judiciary at the request of the Governor Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to amend provisions pertaining to the public availability of information 1 contained in certain records. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 12-4-2 be AMENDED: 4 12-4-2. The county auditor has complete charge of maintaining and safeguarding 5 the voter registration records in the county. The county auditor shall retain all voter 6 registration records in the auditor's office in paper or electronic form. All such records 7 shall be open to public inspection at all times during office hours, except pursuant to 8 Except as provided in §§ 12-4-9, 12-4-9.2, and 12-4-9.3, the records must be open to 9 public inspection at all times during office hours. 10 Voter registration shall must be conducted by each county auditor and municipal 11 finance officer. Voter registration shall forms must be available at the secretary of state's 12 office and at those locations which provide driver licenses; food stamps; temporary 13 assistance for needy families; women, infants, and children nutrition program; medicaid; 14 military recruitment; and assistance to the disabled as provided by the Department of 15 Human Services any location that: 16 (1) Issues driver licenses; 17 (2) Engages in military recruitment; 18 (3) Assists disabled individuals under programs of the Department of Human Services; 19 or 20 (4) Allows for an individual to apply for: 21 (a) Supplemental nutrition assistance program benefits; 22 (b) Temporary assistance for needy families; 23 (c) Benefits under the women, infants, and children supplemental nutrition 24 program; or 25 (d) Medicaid benefits. 26 26.521.14 2 1084 Underscores indicate new language. Overstrikes indicate deleted language. Section 2. That § 12-4-9 be AMENDED: 1 12-4-9. The county auditor shall maintain and safeguard a digital master 2 registration file that contains: 3 26.521.15 2 1084 HB1084 ENROLLED (1) The information from the voter registration card of each individual registered to 4 vote in the county; 5 (2) The date of the last election at which the individual has voted; 6 (3) The date when the individual's voter information was last updated; and 7 (4) Any application made by an individual to vote by absentee ballot, including: 8 (a) The mailing address listed on the absentee ballot application form; 9 (b) The absentee ballot requested on the application; 10 (c) The date the absentee ballot was requested; 11 (d) The date that the absentee ballot was returned; and 12 (e) The method of absentee voting employed by the individual. 13 The Except as otherwise provided in this section, § 12-4-9.2, or 12-4-9.3, the 14 master registration file must be open to public inspection, free of charge. An individual's 15 social security number, driver license number, South Dakota nondriver identification 16 number, or month and day of birth is not open to public inspection. 17 The county auditor shall produce a record of all the information contained in the 18 master registration file the day before any primary or general election scheduled within 19 the county by 11:59 p.m. The county auditor shall maintain a rolling five-year archive of 20 historical information from the master registration file. 21 The county auditor shall keep a voter registration form for a purged or unregistered 22 voter twenty-two months. No purged or unregistered voter may be included in the master 23 registration file. 24 Section 3. That § 12-4-9.3 be AMENDED: 25 12-4-9.3. Home address information on the voter registration record for a 26 magistrate judge, circuit court judge, or justice of the Supreme Court eligible to vote under 27 § 12-4-1 is not open to public inspection. The Unified Judicial System shall provide a list 28 of judicial officers to the secretary of state Any personally identifiable information 29 contained in the statewide or county master registration file is not available to the public 30 if the information pertains to: 31 (1) A current or retired state or federal court judge or justice; and 32 (2) A law enforcement officer, as defined in § 22-1-2. 33 26.521.14 3 1084 Underscores indicate new language. Overstrikes indicate deleted language. The Unified Judicial System shall coordinate with the United States Eighth Circuit 1 Court of Appeals and the United States District Court for the District of South Dakota to 2 provide the secretary of state with a list of individuals whose personally identifiable 3 information is not open to public inspection, pursuant to subdivision (1). The director of 4 the Division of Criminal Investigation shall provide the secretary of state with a list of the 5 law enforcement officers for purposes of subdivision (2). 6 26.521.15 3 1084 HB1084 ENROLLED For purposes of this section, "personally identifiable information" means any home 7 address, home or personal telephone number, or personal e-mail address. The city and 8 county where the official is a resident is a public record. 9 A violation of this section does not create a private right of action. 10 Section 4. That § 12-4-37.1 be AMENDED: 11 12-4-37.1. The secretary of state shall establish and maintain a rolling five-year 12 historical archive of the complete statewide voter registration file, including the weekly 13 updates published by the secretary pursuant to this section. 14 The information contained in the historical archive of the statewide voter 15 registration file must be made available free of charge. 16 An individual's social security number, driver license number, South Dakota 17 nondriver identification number, and month and day of birth contained in the historical 18 archive of the statewide voter registration file are not open to public inspection. Any home 19 address, home or personal telephone number, or the personal e-mail address contained 20 in the historical archive of the statewide voter registration file is not open to public 21 inspection if the information is for: 22 (1) A current or retired state or federal court judge or justice; and 23 (2) A law enforcement officer, as defined in § 22-1-2. 24 The city and county where the official is a resident is a public record. 25 26.521.15 4 1084 HB1084 ENROLLED An Act to amend provisions pertaining to the public availability of information contained in certain records. I certify that the attached Act originated in the: House as Bill No. 1084 Chief Clerk of the House Speaker of the House Attest: Chief Clerk of the House President of the Senate Attest: Secretary of the Senate House Bill No. 1084 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State