Search Bills

amend the period of time before which ballots and other election materials may be destroyed following an election.

This bill extends the time election officials must keep ballots and other election materials before destroying them from 60 days to 22 months after an election. The longer retention period applies to all elections (federal, state, and local), giving more time for recounts, legal challenges, or audits to be completed. The bill also clarifies that municipal elections follow the same 22-month retention requirement as other elections.

modify provisions pertaining to the testing and use of automatic tabulating equipment.

This bill strengthens rules for voting machines used in South Dakota elections by explicitly prohibiting any voting equipment from connecting to the internet and preventing ballot-marking devices from saving or storing votes. The bill also requires the State Board of Elections to approve any changes or updates made to voting systems before they can be used in the state, adding an extra layer of oversight to protect election security.

prohibit a candidate or political committee from accepting contributions or loans made by a foreign national, to provide a penalty therefor, and to declare an emergency.

South Dakota candidates and political committees are now prohibited from accepting contributions or loans from foreign nationals, foreign governments, and certain other sources including state and federal agencies. Violating this ban is a Class 1 misdemeanor, with subsequent violations in the same calendar year treated as a Class 6 felony. The law takes effect immediately upon passage.

prohibit the use of automatic tabulating equipment and electronic ballot marking systems.

South Dakota would ban the use of automatic vote-counting machines and electronic ballot marking systems in all elections, requiring counties and the state to return to hand-counted paper ballots. The bill removes existing rules that allowed these machines and replaces them with a requirement that ballots be printed on paper and counted manually. This eliminates the electronic voting equipment currently used across the state.

amend provisions pertaining to the processing of absentee ballots and to declare an emergency.

SB171 changes how South Dakota counties handle absentee ballots by requiring election officials to deliver lists of absentee voters to each precinct and update those lists throughout election day, and it adds new procedures for verifying absentee ballot envelopes. The bill also repeals one outdated absentee ballot statute and modifies several others to streamline the processing and counting of absentee ballots at the precinct level.

require that an individual provide proof of citizenship when registering to vote and to declare an emergency.

South Dakota now requires people registering to vote to provide proof of U.S. citizenship, with the specific evidence needed defined in the law. The bill repeals previous voter registration rules and updates requirements for federal voters, including those who use mail forwarding addresses or cannot provide citizenship documentation. This change makes citizenship verification a mandatory part of the voter registration process.

provide for a pilot program for the implementation of a secured cryptographically end-to-end verifiable voting system in certain jurisdictions.

South Dakota is creating a pilot program to test advanced voting technology in up to three election jurisdictions that uses cryptographic security to verify votes are counted correctly for absentee and overseas voters. Counties or cities interested in participating must get approval from their local governing body and notify the state, with the secretary of state choosing which jurisdictions participate based on the order of notification. The secretary of state and attorney general will then review which state election laws may need to be changed to allow these jurisdictions to use the new voting system.

require that a voter use a black ink ballpoint pen when marking an optical scan ballot.

South Dakota voters using optical scan ballots must now mark their ballots with a black ink ballpoint pen instead of being allowed to use a pencil or other marking instruments. This change ensures consistency in how ballots are marked, which may improve the accuracy of ballot scanning machines.

amend provisions pertaining to the duties of presidential electors.

SB 101 updates South Dakota's rules for presidential electors by requiring them to notify the Governor before 11 a.m. on Election Day that they're present and ready to serve. The bill also clarifies the process for filling vacant elector positions: if a party-nominated elector doesn't show up by 9 a.m., the remaining electors must vote to fill the vacancy from alternatives suggested by the political party, with the Governor (or Secretary of State) breaking any ties.

amend provisions pertaining to the tabulation of ballots and permit the release of any cast vote record and collection of ballot images produced by automatic tabulating equipment and to declare an emergency.

This bill updates South Dakota's voting equipment rules to clearly define "cast vote records" (electronic records of how each vote was tabulated) and "ballot images" (digital copies of paper ballots), and permits these records and images to be released from automatic tabulating machines. The changes allow election officials to access and share this technical data from voting equipment, which was previously unclear under state law. The bill declares this an emergency measure.

permit the use of a confirmation letter to verify a voter's registration.

This bill allows South Dakota county auditors to use confirmation letters or postcards to verify whether voters still live at their registered addresses. If a voter doesn't return the confirmation mailing within 30 days, or if the mailing is returned as undeliverable, the voter's registration becomes inactive. The bill streamlines the process for keeping the voter registration list current by making confirmation letters an acceptable verification method.

make certain federal laws applicable to public employees.

HB 1266 applies federal restrictions on political activity to South Dakota public employees, prohibiting them from using official authority to interfere with elections or accepting campaign contributions while at work or using state resources. The bill also strengthens existing revolving-door restrictions by clarifying that the highest-paid employee under an agency head cannot work as a lobbyist for two years after leaving state government, and it repeals a related provision.

amend the reasons for challenging an individual's eligibility to vote.

This bill limits the reasons someone can challenge a voter's eligibility to vote in South Dakota elections. Under this change, challenges can only question whether a voter has voted or registered in another state, is a resident of South Dakota, or is a U.S. citizen—removing any other grounds that may have previously been allowed. The bill also specifies who can file such challenges: the secretary of state, county auditors, or other registered voters in the same county, with challenges due at least 90 days before an election.

provide for the publication of ballot images and the cast vote record of automatic tabulating equipment.

This bill confirms that ballot images and cast vote records from voting machines are public records, while adding restrictions on when counties can release them—they cannot publish records that show when a ballot was cast or contain unredacted personal information that could identify individual voters. The change protects voter privacy while maintaining transparency by allowing access to voting data that doesn't reveal how specific people voted or when they voted.

amend the period of time before which ballots and other election materials may be destroyed following an election.

SB176 changes how long South Dakota must keep ballots and election materials after elections by establishing a uniform 22-month retention period for all elections—municipal, school district, and nonfederal elections. Previously, the law had different retention periods for different types of elections, so this bill standardizes the timeline across all election types. After 22 months, election officials can destroy the ballots, pollbooks, and related materials, though federal election materials must still be kept for the full 22 months even if combined with state or local ballots.

amend provisions pertaining to the public availability of information contained in certain records.

HB1084 clarifies what voter registration records county auditors must keep publicly available and what information they can restrict from public view. The bill specifies that county auditors maintain a digital master file with voter registration details, election voting history, and absentee ballot application information, while establishing that certain sensitive information in these records can be kept confidential under specific exceptions listed in state law. This ensures voters' personal information is protected while keeping most registration records accessible to the public during normal office hours.

amend provisions relating to an individual's status as a voter for municipal or school district elections.

HB 1110 updates voter eligibility rules for municipal and school district elections by replacing outdated language and clarifying residency requirements. The bill standardizes the definition of "resident" to include people who have lived in the municipality for at least 30 consecutive days per year, full-time students who previously lived there, and military members stationed there, while also specifying how residency can be challenged through existing election procedures.

revise the time for conducting the canvass of an election.

This bill changes when election results are officially counted and verified in South Dakota. Local election officials must now conduct their canvass at 9 a.m. on the first Tuesday after an election (instead of within six days), while the State Board of Canvassers must meet at 9 a.m. central time on the second Tuesday following the election (instead of within seven days) to review county results.

abolish the State Board of Elections.

This bill eliminates the State Board of Elections and transfers its election administration duties to the Secretary of State's office. The changes affect dozens of election-related laws covering voter registration, ballot procedures, campaign finance, and other electoral processes, all of which are being reorganized under the Secretary of State's direct control rather than an independent board.

amend and repeal provisions pertaining to the ballot requirements for certain elections and to declare an emergency.

This bill simplifies ballot requirements for primary elections by requiring county auditors to include all precinct committeeman and committeewoman candidates on ballots, and requiring judicial candidates to appear without party designations in the order set by the Secretary of State. The bill repeals two existing provisions (sections 12-9-13 and 12-13-11) that previously contained different ballot rules, streamlining the overall election process. The law takes effect immediately upon passage as an emergency measure.

modify the number of signatures required on certain election-related petitions.

SB 33 modifies the signature requirements for election-related petitions in South Dakota, though the specific new signature thresholds are not shown in the excerpt provided. The bill updates definitions and procedures across multiple sections of election law (sections 12-1-3, 12-5-1, 12-6-7, 12-7-1, and others) to implement these signature requirement changes.

amend provisions pertaining to conducting a municipal or school district election and to declare an emergency.

This bill updates South Dakota's rules for municipal and school district elections, clarifying key definitions and voter eligibility requirements. Specifically, it defines "in conjunction with" and "combined with" for election timing and responsibilities, and changes voter residency rules to specify that municipal voters must live in the municipality, attend school there, or be military personnel stationed there. The bill also makes technical updates to election administration procedures across multiple sections of state law.

revise the time within which a recount for a school board election must be completed.

School board election recounts must now be completed before the annual board meeting held under state law, rather than within a previously specified timeframe. This gives recount boards a clearer deadline while ensuring the recount process finishes before the board's regular annual meeting occurs.

require an election for an excess tax levy of a school district.

Currently, school districts can impose excess property tax levies with just a two-thirds vote of their school board, but this bill requires school districts to hold a public election before imposing or increasing an excess tax levy. The bill maintains existing rules about when districts must announce the tax increase in newspapers, but adds the requirement that voters must approve the excess levy through an election before it takes effect.

authorize the recall of county commissioners.

This bill creates a new process allowing voters to recall county commissioners from office before their terms end. A recall petition would need signatures from either 15% of registered voters in a commissioner's district (or 5% county-wide for at-large commissioners), and must allege grounds such as corruption, crimes in office, incompetency, misconduct, or theft.

amend provisions pertaining to the timing of municipal and school district elections.

This bill changes when South Dakota cities and school districts can hold elections by moving municipal elections to a single statewide date and adjusting the timing rules for special elections and ballot measures. Specifically, it modifies deadlines for petitions and consolidates various election scheduling requirements into updated procedures tied to regular municipal and school district election dates. The bill repeals several outdated election timing provisions and creates new rules for when election notices must be published and how far in advance elections must be announced.

permit the use of a ballot on demand system and to declare an emergency.

South Dakota counties and local governments can now use "ballot on demand" systems that print ballots as needed rather than pre-printing them in advance. If a county and a local government hold a joint election, the local government must use the same ballot-printing system the county has authorized. The bill declares this change an emergency so it takes effect immediately upon the governor's approval.

require an election to approve the issuance of certain capital outlay certificates, lease-purchase contracts, or installment purchase contracts.

School districts must now hold a voter election before issuing capital outlay certificates, lease-purchase contracts, or installment purchase contracts that will obligate the district for future payments exceeding 1.5% of the district's taxable property value. Previously, school boards could approve these financial commitments after only a public hearing; this bill adds a requirement that voters must approve them through an election.

modify the requirements to refer an ordinance or resolution to the voters of a political subdivision.

HB1323 changes when local government ordinances and resolutions must be put to a public vote by modifying the referendum requirements across multiple types of political subdivisions in South Dakota. The bill reorganizes and expands the rules governing which ordinances trigger mandatory voter referrals, clarifying the process and timeline for when these measures take effect. These changes apply to counties, cities, towns, and various other local government entities throughout the state.

clarify the requirements for marking an optical scan ballot.

This bill clarifies rules for marking optical scan ballots by requiring election officials to provide black ink pens to in-person voters and instruct absentee voters to use black ink pens. However, the bill also prevents election officials from rejecting ballots marked with other types of writing instruments, ensuring that voters who use pen colors or types other than black ink won't have their votes discarded.

modify provisions pertaining to the submission of a nominating petition.

HB1095 modifies the rules for how candidates submit nominating petitions to run for municipal office in South Dakota, updating procedural requirements across multiple election-related laws. The bill standardizes petition submission deadlines, form requirements, and verification procedures that local election officials must follow when accepting candidate nominations. These changes affect when and how candidates can officially declare their candidacy for city and town positions.

require that certain mental health information be submitted to and subsequently removed from the National Instant Criminal Background Check System.

South Dakota will now require prosecutors to report mental health records to the FBI's background check system within two hours (instead of seven days) when someone is found not guilty by reason of insanity or deemed incompetent to stand trial, allowing the system to flag these individuals as prohibited from purchasing firearms. The bill also establishes a process for removing this information from the national database once certain legal conditions are met. These reports will contain only identifying information, not medical details about diagnosis or treatment.