Changes to Existing Law

26.959.13 26.959.14 101st Legislative Session 214 2026 South Dakota Legislature Senate Bill 214 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 publication of the statewide voter 1 registration file. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 12-4-37 be AMENDED: 4 12-4-37. The secretary of state shall establish and maintain a computerized 5 system for maintaining and utilizing the voter registration file. 6 Each county auditor shall transmit daily any changes to the master registration file 7 or the absentee voter log to the secretary of state using the computerized system 8 maintained by the secretary of state. 9 The county auditor shall transmit updated information contained in the county 10 voter registration system, including voter registration information and voter election 11 history information, to the secretary of state not later than July fifteenth after each 12 primary election and December fifteenth after each general election. 13 The secretary of state shall post a weekly update to the complete statewide voter 14 registration file to the secretary's website. The weekly update to the statewide voter 15 registration file must be recorded each Monday by before 11:59 p.m. and central time 16 each Monday. The weekly post of the statewide voter registration file must contain any 17 updates to the information in the county master registration file, pursuant to § 12-4-9. 18 Section 2. That § 12-4-37.1 be AMENDED: 19 12-4-37.1. The secretary of state shall establish and maintain a rolling five-year 20 historical archive of the complete statewide voter registration file, including the weekly 21 updates post of the statewide voter registration file, published by the secretary pursuant 22 to this section § 12-4-37. The secretary shall 22 publish and maintain the rolling five-year 23 historical archive to on the secretary's website before 11:59 p.m. 23 central time each Monday. 24 26.959.13 26.959.14 2 214 Underscores indicate new language. Overstrikes indicate deleted language. The information contained in the historical archive of the statewide voter 1 registration file must be made available free of charge. 2 An individual's social security number, driver license number, South Dakota 3 nondriver identification number, and month and day of birth contained in the historical 4 archive of the statewide voter registration file are not open to public inspection. 5 Section 3. That § 12-4-41 be AMENDED: 6 12-4-41. Any information obtained from the statewide voter registration file or 7 any county voter registration file may not be sold, and may not be used for any commercial 8 purpose, and. Except as provided in §§ 12-4-37 and 12-4-37.1, information obtained from 9 the statewide voter registration file may not be placed for unrestricted access on the 10 internet. 11 For the purposes of this section, "commercial purpose" does not include campaign 12 or political polling activities. 13 For the purposes of this section, "sold" does not include any fee charged by the 14 secretary of state for a paper copy of a list of registered voters, as provided in § 12-4-39. 15 Any violation of this section is a Class 1 misdemeanor. In addition to any criminal 16 sanctions, the court may impose a civil penalty not to exceed two thousand dollars for 17 each violation. Any civil penalty collected pursuant to this section must be deposited in 18 the general fund. 19

26.959.14 26.959.15 101st Legislative Session 214 2026 South Dakota Legislature Senate Bill 214 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 publication of the statewide voter 1 registration file. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 12-4-37 be AMENDED: 4 12-4-37. The secretary of state shall establish and maintain a computerized 5 system for maintaining and utilizing the voter registration file. 6 Each county auditor shall transmit daily any changes to the master registration file 7 or the absentee voter log to the secretary of state using the computerized system 8 maintained by the secretary of state. 9 The county auditor shall transmit updated information contained in the county 10 voter registration system, including voter registration information and voter election 11 history information, to the secretary of state not later than July fifteenth after each 12 primary election and December fifteenth after each general election. 13 The secretary of state shall post a weekly update to the complete statewide voter 14 registration file to the secretary's website. The weekly update to the statewide voter 15 registration file must be recorded each Monday by website before 11:59 p.m. and central time 16 each Monday. The weekly post of the statewide voter registration file must contain any 17 updates to the information in the county master registration file, pursuant to § 12-4-9. 18 Section 2. That § 12-4-37.1 be AMENDED: 19 12-4-37.1. The secretary of state shall establish and maintain a rolling five-year 20 historical archive of the complete statewide voter registration file, including the weekly 21 updates post of the statewide voter registration file, published by the secretary pursuant 22 to this section § 12-4-37. The secretary shall publish and maintain the rolling five-year 23 historical archive on the secretary's website before 11:59 p.m. central time each Monday. 24 26.959.14 2 214 Underscores indicate new language. Overstrikes indicate deleted language. The information contained in the historical archive of the statewide voter 1 registration file must be made available free of charge. 26.959.15 2 214 SB214 ENROLLED An individual's social security number, driver license number, South Dakota 3 nondriver identification number, and month and day of birth contained in the historical 4 archive of the statewide voter registration file are not open to public inspection. 5 Section 3. That § 12-4-41 be AMENDED: 6 12-4-41. Any information obtained from the statewide voter registration file or 7 any county voter registration file may not be sold, sold and may not be used for any commercial 8 purpose, and. purpose. Except as provided in §§ 12-4-37 and 12-4-37.1, information obtained from 9 the statewide voter registration file may not be placed for unrestricted access on the 10 internet. 11 For the purposes of this section, "commercial purpose" does not include campaign 12 or political polling activities. 13 For the purposes of this section, "sold" does not include any fee charged by the 14 secretary of state for a paper copy of a list of registered voters, as provided in § 12-4-39. 15 Any violation of this section is a Class 1 misdemeanor. In addition to any criminal 16 sanctions, the court may impose a civil penalty not to exceed two thousand dollars for 17 each violation. Any civil penalty collected pursuant to this section must be deposited in 18 the general fund. 19 26.959.15 3 214 SB214 ENROLLED An Act to amend provisions pertaining to the publication of the statewide voter registration file. I certify that the attached Act originated in the: Senate as Bill No. 214 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. 214 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