Changes to Existing Law

26.731.18 26.731.19 101st Legislative Session 171 2026 South Dakota Legislature Senate Bill 171 HOUSE STATE AFFAIRS ENGROSSED Introduced by: Senator Peterson (Sue) Underscores indicate new language. Overstrikes indicate deleted language. An Act to amend provisions pertaining to the processing of absentee ballots and to 1 declare an emergency. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 12-19-10 be AMENDED: 4 12-19-10. Upon receipt of the sealed return envelope containing the voted ballots, 5 the person in charge of the election or their designee shall mark the date of receipt on the 6 envelope. The person in charge of the election shall keep the absentee ballot in a safe 7 place without opening the envelope or breaking the seal thereof, and shall, except as 8 provided by § 12-19-42, deliver it to the precinct superintendent of election of the voter's 9 home precinct, or to the absentee ballot counting board as provided in § 12-19-42. The 10 person in charge of the election shall have the absentee ballots delivered with the election 11 supplies, or if received later, then prior to the close of the polls. 12 If the person in charge of the election creates an absentee ballot precinct, pursuant 13 to § 12-19-37, the person in charge of the election must deliver to the superintendent of 14 each precinct, the list containing the names of each voter who voted by absentee ballot 15 along with the election supplies. On election day, the person in charge of the election shall 16 forward to a precinct superintendent any updates to the list of voters who voted by 17 absentee ballot upon receipt of an absentee ballot. 18 If the precinct election board is not otherwise engaged in official duties, or if there 19 are absentee ballots not processed when the polls close, immediately thereafter, the board 20 must carefully compare the statement on the reverse side of the official return envelope 21 with the written application received from the officer in charge of the election without 22 opening or breaking the seal of the return envelope. If The board shall omit the comparison 23 of the statement and the application if the ballot is contained in a combined absentee 24 ballot application/return application form and return envelope, the comparison of the 25 statement and the application must be omitted. 26 26.731.18 26.731.19 2 171 Underscores indicate new language. Overstrikes indicate deleted language. The precinct election board or the precinct counting board shall enter the voter's 1 name on in the election pollbook and mark the registration list if whether: 2 (1) The ballot received was voted by the voter whose name appears on the statement; 3 (2) The voter is registered in the precinct and has not previously voted in that precinct 4 at the election; and 5 (3) The written application and statement were both signed by the voter. 6 The board shall then open the envelope without opening, unfolding, or examining 7 the ballots the envelope may contain,; stamp the ballots with the official stamp,; and 8 deposit the ballots with the other ballots cast at the election. If the board determines that 9 an absentee ballot envelope cannot be opened because the envelope does not meet the 10 requirements for opening, the reason for not opening the envelope must be written on the 11 envelope, signed accompanied by the signature of a member of the board, and the 12 envelope must be placed in a larger envelope for unopened absentee ballots. 13 It is a Class 2 misdemeanor for a person an individual, prior to the counting of the 14 votes, to open, unfold, or examine any ballot, or make any communication to any person 15 other individual concerning the markings or contents of the ballot, or to create any record 16 associating an individual voter with a ballot. 17 Section 2. That § 12-19-37 be AMENDED: 18 12-19-37. Any county may create a special precinct to be known as an absentee 19 ballot precinct. If the county creates an absentee ballot precinct, all absentee ballots cast 20 at any election shall be counted in such precinct. However, if a paper ballot precinct has 21 ten or fewer absentee ballots cast at the time the polls open on election day, the absentee 22 ballots in that precinct shall be counted at the polling place. 23 The person in charge of the election may create an absentee ballot precinct. Except 24 as otherwise provided by this section, if the person in charge of the election creates an 25 absentee ballot precinct, all absentee ballots cast at the election must be forwarded to the 26 absentee ballot precinct for counting. If ten or fewer voters in a precinct vote by absentee 27 ballot, the person in charge of the election must forward the absentee ballots to the 28 precinct for counting. 29 If the person in charge of the election creates an absentee ballot precinct, the 30 28 person in charge of the election shall create a pollbook using the data provided in the 31 29 electronic voter registration system, listing the name of each voter who voted by absentee 32 30 ballot in the jurisdiction and the type of ballot the voter cast. 33 26.731.18 3 171 Underscores indicate new language. Overstrikes indicate deleted language. 31 The election board of the absentee ballot precinct is the absentee ballot counting 1 32 board. There may be only one absentee ballot counting board at any time in a county. 2 33 26.731.19 3 171 Underscores indicate new language. Overstrikes indicate deleted language. Section 3. That § 12-19-41 be AMENDED: 3 1 12-19-41. Except as otherwise provided in §§ 12-19-37 to 12-19-52, inclusive, 4 2 the absentee ballot counting board's powers and duties shall be the same as provided in 5 3 chapters 12-19 and 12-20 for precinct election officials in regular precinct polling places, 6 4 except that the board shall receive and count all absentee ballots for all precincts in the 7 5 county upon receipt thereof from the person in charge of the election.Except as otherwise 8 6 specified in §§ 12-19-37 to 12-19-52, inclusive, the powers and duties of an absentee 9 7 ballot counting board are the same as those of precinct election officials in a regular 10 8 precinct polling place. 11 9 An absentee counting board shall: 12 10 (1) Receive, from the person in charge of the election, all absentee ballots for all 13 11 precincts in the jurisdiction of the person in charge of the election; and 14 12 (2) Process and count each absentee ballot received from the person in charge of the 15 13 election. 16 14 Section 4. That § 12-19-43 be AMENDED: 17 15 12-19-43. The county auditor shall direct the board to meet on election day prior 18 16 to the closing of the polls for the sole purpose of reviewing the absentee voters' affidavits 19 17 appearing on the sealed ballot envelopes, if in the auditor's judgment this procedure shall 20 18 be necessary due to the number of absentee ballots received. The absentee ballots shall 21 19 be opened, stamped, and placed in the ballot box or processed by an automatic tabulating 22 20 machine, but under no circumstances shall the ballots be manually counted norIf in the 23 21 judgment of the person in charge of the election it is necessary to convene the absentee 24 22 counting board prior to the closing of the polls on election day, the person in charge of 25 23 the election may direct the board to meet during regular business hours on the day before 26 24 the election and on election day prior to the closing of the polls for the purpose of 27 25 processing absentee ballots, pursuant to § 12-19-10. If the person in charge of the 26 election convenes the absentee counting board on the day before the election, the board 27 may only process the absentee ballots, as provided in § 12-19-10, and may not manually 28 count any ballots or use the automatic tabulating equipment to count the ballots. 29 The absentee ballots may be counted by the automatic tabulating equipment on 29 30 election day, prior to the closing of the polls, provided that any vote totals are not printed 30 31 or displayed by any tabulating machine prior to the closing of the polls. The absentee 31 32 26.731.19 4 171 Underscores indicate new language. Overstrikes indicate deleted language. ballot counting board may not manually count the absentee ballots prior to the closing of 32 1 the polls. 33 26.731.18 4 171 Underscores indicate new language. Overstrikes indicate deleted language. 2 If ballots are processed by an automatic tabulating machine prior to the closing of 1 3 the polls, the resolution board shall be present and notification of such processing shall be 2 4 provided to each county party chairperson at least ten days before the election. 3 5 Section 5. That § 12-19-44 be AMENDED: 4 6 12-19-44. The process of sorting, validating, processing, and counting absentee 5 7 ballots must be open to poll watchers for the purpose of observing the process. 6 8 A poll watcher shall keep a reasonable distance from ballots and identification 7 9 information to protect the privacy of absentee voters. No record associating an individual 8 10 voter with a ballot may be created. 9 11 A violation of this section is a Class 2 misdemeanor. 10 12 Section 6. That § 12-19-45 be AMENDED: 11 13 12-19-45. The person in charge of the election shall preserve a record of the 12 14 name, post office address, and voting precinct of each applicant for absentee ballots an 13 15 absentee ballot and shall personally deliver the same to the Absentee Ballot Counting 14 16 Board record to the absentee ballot counting board. The person in charge of the election 15 17 shall keep a record of the name of the authorized messenger requesting an absentee ballot 16 18 to be delivered to another voter. 17 19 Section 7. That § 12-19-46 be AMENDED: 18 20 12-19-46. The Absentee Ballot Counting Board shall commence counting the 19 21 absentee voters' ballots immediately upon close of the polls at a central place designated 20 22 by the county auditor. 21 23 If the absentee ballot counting board did not begin to process or tabulate the 22 24 absentee ballots on election day prior to the closing of the polls, pursuant to § 12-19-43, 23 25 the board must immediately, upon the close of the polls, commence: 24 26 (1) Processing each absentee ballot, pursuant to § 12-19-10; and 25 27 (2) Counting the absentee ballots. 26 28 Section 8. That § 12-19-47 be REPEALED. 27 29 26.731.19 5 171 Underscores indicate new language. Overstrikes indicate deleted language. The absentee ballot counting board, during the time prescribed in § 12-19-46, shall 28 1 process each absentee ballot as required by § 12-19-10. 29 26.731.18 5 171 Underscores indicate new language. Overstrikes indicate deleted language. 2 Section 9. Whereas, this Act is necessary for the immediate preservation of the public peace, 1 3 health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force 2 4 and effect from and after its passage and approval. 3 5

26.731.19 26.731.20 101st Legislative Session 171 2026 South Dakota Legislature Senate Bill 171 HOUSE STATE AFFAIRS ENGROSSED Introduced by: Senator Peterson (Sue) Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to amend provisions pertaining to the processing of absentee ballots and to 1 declare an emergency. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 12-19-10 be AMENDED: 4 12-19-10. Upon receipt of the sealed return envelope containing the voted ballots, 5 the person in charge of the election or their designee shall mark the date of receipt on the 6 envelope. The person in charge of the election shall keep the absentee ballot in a safe 7 place without opening the envelope or breaking the seal thereof, and shall, except as 8 provided by § 12-19-42, shall deliver it to the precinct superintendent of election of the voter's 9 home precinct, or to the absentee ballot counting board as provided in § 12-19-42. The 10 person in charge of the election shall have the absentee ballots delivered with the election 11 supplies, or if received later, then prior to the close of the polls. 12 If the person in charge of the election creates an absentee ballot precinct, pursuant 13 to § 12-19-37, the person in charge of the election must deliver to the superintendent of 14 each precinct, the list containing the names of each voter who voted by absentee ballot 15 along with the election supplies. On election day, the person in charge of the election shall 16 forward to a precinct superintendent any updates to the list of voters who voted by 17 absentee ballot upon receipt of an absentee ballot. 18 If the precinct election board is not otherwise engaged in official duties, or if there 19 are absentee ballots not processed when the polls close, immediately thereafter, the board 20 must carefully compare the statement on the reverse side of the official return envelope 21 with the written application received from the officer in charge of the election without 22 opening or breaking the seal of the return envelope. If The board shall omit the comparison 23 of the statement and the application if the ballot is contained in a combined absentee 24 ballot application/return application form and return envelope, the comparison of the 25 statement and the application must be omitted. 26 26.731.19 envelope. 26.731.20 2 171 Underscores indicate new language. Overstrikes indicate deleted language. SB171 ENROLLED The precinct election board or the precinct counting board shall enter the voter's 1 name on in the election pollbook and mark the registration list if whether: 2 (1) The ballot received was voted by the voter whose name appears on the statement; 3 (2) The voter is registered in the precinct and has not previously voted in that precinct 4 at the election; and 5 (3) The written application and statement were both signed by the voter. 6 The board shall then open the envelope without opening, unfolding, or examining 7 the ballots the envelope may contain,; contain; stamp the ballots with the official stamp,; stamp; and 8 deposit the ballots with the other ballots cast at the election. If the board determines that 9 an absentee ballot envelope cannot be opened because the envelope does not meet the 10 requirements for opening, the reason for not opening the envelope must be written on the 11 envelope, signed accompanied by the signature of a member of the board, and the 12 envelope must be placed in a larger envelope for unopened absentee ballots. 13 It is a Class 2 misdemeanor for a person an individual, prior to the counting of the 14 votes, to open, unfold, or examine any ballot, or make any communication to any person 15 other individual concerning the markings or contents of the ballot, or to create any record 16 associating an individual voter with a ballot. 17 Section 2. That § 12-19-37 be AMENDED: 18 12-19-37. Any county may create a special precinct to be known as an absentee 19 ballot precinct. If the county creates an absentee ballot precinct, all absentee ballots cast 20 at any election shall be counted in such precinct. However, if a paper ballot precinct has 21 ten or fewer absentee ballots cast at the time the polls open on election day, the absentee 22 ballots in that precinct shall be counted at the polling place. 23 The person in charge of the election may create an absentee ballot precinct. Except 24 as otherwise provided by this section, if the person in charge of the election creates an 25 absentee ballot precinct, all absentee ballots cast at the election must be forwarded to the 26 absentee ballot precinct for counting. 27 If the person in charge of the election creates an absentee ballot precinct, the 28 person in charge of the election shall create a pollbook using the data provided in the 29 electronic voter registration system, listing the name of each voter who voted by absentee 30 ballot in the jurisdiction and the type of ballot the voter cast. 31 The election board of the absentee ballot precinct is the absentee ballot counting 32 board. There may be only one absentee ballot counting board at any time in a county. 33 26.731.19 3 171 Underscores indicate new language. Overstrikes indicate deleted language. Section 3. That § 12-19-41 be AMENDED: 1 12-19-41. Except as otherwise provided in §§ 12-19-37 to 12-19-52, inclusive, 2 the absentee ballot counting board's powers and duties shall be the same as provided in 3 chapters 12-19 and 12-20 for precinct election officials in regular precinct polling places, 4 except that the board shall receive and count all absentee ballots for all precincts in the 5 county upon receipt thereof from the person in charge of the election.Except as otherwise 6 specified in §§ 12-19-37 to 12-19-52, inclusive, the powers and duties of an absentee 7 ballot counting board are the same as those of precinct election officials in a regular 8 precinct polling place. 9 An absentee counting board shall: 10 26.731.20 3 171 SB171 ENROLLED (1) Receive, from the person in charge of the election, all absentee ballots for all 11 precincts in the jurisdiction of the person in charge of the election; and 12 (2) Process and count each absentee ballot received from the person in charge of the 13 election. 14 Section 4. That § 12-19-43 be AMENDED: 15 12-19-43. The county auditor shall direct the board to meet on election day prior 16 to the closing of the polls for the sole purpose of reviewing the absentee voters' affidavits 17 appearing on the sealed ballot envelopes, if If in the auditor's judgment this procedure shall 18 be necessary due to the number of absentee ballots received. The absentee ballots shall 19 be opened, stamped, and placed in the ballot box or processed by an automatic tabulating 20 machine, but under no circumstances shall the ballots be manually counted norIf in the 21 judgment of the person in charge of the election it is necessary to convene the absentee 22 counting board prior to the closing of the polls on election day, the person in charge of 23 the election may direct the board to meet during regular business hours on the day before 24 the election and on election day prior to the closing of the polls for the purpose of 25 processing absentee ballots, pursuant to § 12-19-10. If the person in charge of the 26 election convenes the absentee counting board on the day before the election, the board 27 may only process the absentee ballots, as provided in § 12-19-10, and may not manually 28 count any ballots or use the automatic tabulating equipment to count the ballots. 29 The absentee ballots may be counted by the automatic tabulating equipment on 30 election day, prior to the closing of the polls, provided that any vote totals are not printed 31 or displayed by any tabulating machine prior to the closing of the polls. The absentee 32 26.731.19 4 171 Underscores indicate new language. Overstrikes indicate deleted language. ballot counting board may not manually count the absentee ballots prior to the closing of 1 the polls. 2 If ballots are processed by an automatic tabulating machine prior to the closing of 3 the polls, the resolution board shall be present and notification of such processing shall be 4 provided to each county party chairperson at least ten days before the election. 5 Section 5. That § 12-19-44 be AMENDED: 6 12-19-44. The process of sorting, validating, processing, and counting absentee 7 ballots must be open to poll watchers for the purpose of observing the process. 8 A poll watcher shall keep a reasonable distance from ballots and identification 9 information to protect the privacy of absentee voters. No record associating an individual 10 voter with a ballot may be created. 11 A violation of this section is a Class 2 misdemeanor. 12 Section 6. That § 12-19-45 be AMENDED: 13 26.731.20 4 171 SB171 ENROLLED 12-19-45. The person in charge of the election shall preserve a record of the 14 name, post office address, and voting precinct of each applicant for absentee ballots an 15 absentee ballot and shall personally deliver the same to the Absentee Ballot Counting 16 Board record to the absentee ballot counting board. The person in charge of the election 17 shall keep a record of the name of the authorized messenger requesting an absentee ballot 18 to be delivered to another voter. 19 Section 7. That § 12-19-46 be AMENDED: 20 12-19-46. The Absentee Ballot Counting Board shall commence counting the 21 absentee voters' ballots immediately upon close of the polls at a central place designated 22 by the county auditor. 23 If the absentee ballot counting board did not begin to process or tabulate the 24 absentee ballots on election day prior to the closing of the polls, pursuant to § 12-19-43, 25 the board must immediately, upon the close of the polls, commence: 26 (1) Processing each absentee ballot, pursuant to § 12-19-10; and 27 (2) Counting the absentee ballots. 28 Section 8. That § 12-19-47 be REPEALED. 29 26.731.19 5 171 Underscores indicate new language. Overstrikes indicate deleted language. The absentee ballot counting board, during the time prescribed in § 12-19-46, shall 1 process each absentee ballot as required by § 12-19-10. 2 Section 9. Whereas, this Act is necessary for the immediate preservation of the public peace, 3 health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force 4 and effect from and after its passage and approval. 26.731.20 5 171 SB171 ENROLLED An Act to amend provisions pertaining to the processing of absentee ballots and to declare an emergency. I certify that the attached Act originated in the: Senate as Bill No. 171 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk of the House Senate Bill No. 171 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