Changes to Existing Law

26.759.9 26.759.10 101st Legislative Session 177 2026 South Dakota Legislature Senate Bill 177 SENATE STATE AFFAIRS ENGROSSED Introduced by: Senator Blanc Underscores indicate new language. Overstrikes indicate deleted language. An Act to require that a voter use a black ink pen when clarify the requirements for marking an optical scan ballot. 1 ballot. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 2 Section 1. That § 12-18-16.1 be AMENDED: 4 3 12-18-16.1. If an optical scan ballot is used, the voter may use a pencil or other 5 4 marking instrument provided must to mark the voter's choice on the ballot person in charge of 5 the election must: 6 (1) Provide a black ink pen for each in-person voter to mark the voter's choice on the 7 ballot; and 8 (2) Provide instructions to each voter who applies to vote by absentee ballot that the 9 voter use a black ink ballpoint pen to mark the voter's choice 6 on the ballot. 7 10 The person in charge of the election may not disqualify any ballot marked by a 11 writing instrument other than a black ink pen. 12

26.759.10 26.759.11 101st Legislative Session 177 2026 South Dakota Legislature Senate Bill 177 SENATE STATE AFFAIRS ENGROSSED Introduced by: Senator Blanc Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to clarify the requirements for marking an optical scan ballot. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That § 12-18-16.1 be AMENDED: 3 12-18-16.1. If an optical scan ballot is used, the voter may use a pencil or other 4 marking instrument provided to mark the voter's choice on the ballot person in charge of 5 the election must: 6 (1) Provide a black ink pen for each in-person voter to mark the voter's choice on the 7 ballot; and 8 (2) Provide instructions to each voter who applies to vote by absentee ballot that the 9 voter use a black ink pen to mark the voter's choice on the ballot. 10 The person in charge of the election may not disqualify any ballot marked by a 11 writing instrument other than a black ink pen. 12 26.759.11 2 177 SB177 ENROLLED An Act to clarify the requirements for marking an optical scan ballot. I certify that the attached Act originated in the: Senate as Bill No. 177 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. 177 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