CHAPTER 5:04:06
STATEWIDE VOTER REGISTRATION FILE
Section
5:04:06:01 Repealed.
5:04:06:02 Repealed.
5:04:06:03 Repealed.
5:04:06:04 Duplicate voter registration check.
5:04:06:05 Potential duplicate voter registration check.
5:04:06:06 Voter registration list request form.
5:04:06:07 Charges for information from the statewide voter registration file.
5:04:06:08 Absentee voter registration list request form.
5:04:06:09 Charges for information regarding absentee voting from the statewide voter registration file.
5:04:06:10 Voter registration file security.
5:04:06:01. File export format. Repealed.
Source: 28 SDR 54, effective October, 22, 2001; 30 SDR 189, effective June 9, 2004; repealed, 39 SDR 123, effective January 16, 2013.
5:04:06:02. File standardization. Repealed.
Source: 28 SDR 54, effective October 22, 2001; 30 SDR 189, effective June 9, 2004; repealed, 39 SDR 123, effective January 16, 2013.
5:04:06:03. County voter file export. Repealed.
Source: 28 SDR 54, effective October 22, 2001; repealed, 39 SDR 123, effective January 16, 2013.
5:04:06:04. Duplicate voter registration check. The Secretary of State shall at least annually conduct a check of the statewide voter registration database to determine if there are duplicate registrations. If the following fields in the registration file match for two or more records, the records are considered duplicates:
(1) First name, last name, and social security/driver's license number;
(2) First name, date of birth, and social security/driver's license number; or
(3) Last name, date of birth, and social security/driver's license number.
The newest duplicate shall be retained as a registered voter. Information on the older duplicates must be sent to the registered voter's county of registration for deletion from the voter registration file.
Source: 28 SDR 54, effective October 22, 2001.
General Authority:SDCL 12-4-39(3).
Law Implemented:SDCL 12-4-39(3).
5:04:06:05. Potential duplicate voter registration check. The Secretary of State shall at least annually conduct a check of the statewide voter registration database to determine if there are potential duplicate registrations. If the following fields in the registration file match two or more records, the records must be considered potential duplicates:
(1) First name, middle initial, and date of birth;
(2) First initial, last name, and date of birth;
(3) First name, last name, and date of birth; or
(4) Social security/driver's license number.
The Secretary of State may send a notice to each duplicate person except the newest potential duplicate. The notice shall be treated like a confirmation notice as prescribed in § 5:02:03:16 and shall indicate the reason for the notice. For each notice sent, the Secretary of State shall notify the county auditor in the addressee's county of registration.
Source: 28 SDR 54, effective October 22, 2001.
General Authority:SDCL 12-4-39(3).
Law Implemented:SDCL 12-4-39(3).
5:04:06:06. Voter registration list request form. Any person requesting a printed voter registration list or file from the statewide voter registration system must complete a form which contains the following:
(1) Type of report;
(2) Selection criteria for the report;
(3) Name and address of the requestor; and
(4) Signature of the requestor below the statement, "In accordance with SDCL 12-4-41, I understand that the voter registration data obtained from the statewide voter registration database may not be used or sold for any commercial purpose and may not be placed for unrestricted access on the internet."
Source: 28 SDR 54, effective October 22, 2001; 30 SDR 189, effective June 9, 2004.
General Authority:SDCL 12-4-39(4).
Law Implemented:SDCL 12-4-39(4).
5:04:06:07. Charges for information from the statewide voter registration file. The fees for an electronic file with voter registration information are as follows:
(1) Statewide is $2,500;
(2) Statewide for new parties or parties with alternative political status for just their party voters is:
(a) $15 for 1,000 names or less;
(b) $50 for 1,001 to 10,000 names;
(c) $100 for 10,001 to 25,000 names; and
(d) $250 for more than 25,000 names;
(3) Legislative district is $100;
(4) County or any other district is $15 for 1,000 names or less;
(5) County or any other district is $50 for 1,001 to 10,000 names;
(6) County or any other district is $100 for 10,001 to 25,000 names; and
(7) County or any other district is $250 for more than 25,000 names.
The fee for any updated partial file containing only changes made within a year after the purchase of a complete file is $250 for a statewide file and $25 for a legislative district, any other district, or county file.
The fees for a paper list with voter registration information are as follows:
(1) Statewide is $5,500;
(2) Statewide for new parties or parties with alternative political status for just their party voters is:
(a) $20 for 1,000 names or less;
(b) $75 for 1,001 to 10,000 names;
(c) $200 for 10,001 to 25,000 names; and
(d) $600 for more than 25,000 names;
(3) Legislative district is $200;
(4) County or any other district is $20 for 1,000 names or less;
(5) County or any other district is $75 for 1,001 names to 10,000 names;
(6) County or any other district is $200 for 10,001 to 25,000 names; and
(7) County or any other district is $600 for more than 25,000 names.
The fee for any updated partial list containing only changes made within a year after the purchase of a complete list is $550 for a statewide list and $60 for a legislative district, any other district, or county list.
Source: 28 SDR 54, effective October 22, 2001; 40 SDR 39, effective September 9, 2013; 45 SDR 44, effective October 8, 2018.
General Authority: SDCL 12-4-39(5).
Law Implemented: SDCL 12-4-39(5).
5:04:06:08. Absentee voter registration list request form. Any person requesting a daily electronic file from the statewide voter registration containing absentee voter registration information for an election must complete a form which contains the following:
(1) Name and address of the requestor;
(2) Election requested;
(3) Selection criteria of the request; and
(4) Signature of the requestor below the statement, "In accordance with SDCL 12-4-41, I understand that the voter registration data obtained from the statewide voter registration database may not be used or sold for any commercial purpose and may not be placed for unrestricted access on the internet."
Source: 40 SDR 121, effective January 6, 2014.
General Authority: SDCL 12-4-39(4).
Law Implemented: SDCL 12-4-39(4), 12-4-41.
5:04:06:09. Charges for information regarding absentee voting from the statewide voter registration file. The fees for a daily electronic file with absentee voter registration information per election are as follows:
(1) Statewide is $3,000;
(2) Legislative district is $150;
(3) County is $65 for 1,000 names or less;
(4) County is $100 for 1,001 names to 10,000 names;
(5) County is $150 for 10,001 to 25,000 names; and
(6) County is $300 for more than 25,000 names.
Source: 40 SDR 121, effective January 6, 2014; 42 SDR 177, effective June 30, 2016.
General Authority: SDCL 12-4-39(5).
Law Implemented: SDCL 12-4-39(5).
05:04:06:10. Voter registration file security. The secretary of state is responsible for maintaining the security system for the computerized voter registration file and shall implement:
(1) A stateful layer 3 and 7 firewall at the perimeter to block malicious traffic and experienced personnel to operate and maintain the rules and underlying software and firmware on which the firewall system operates;
(2) Anti-malware solutions that ensure that any underlying operating system maintains its intended function and integrity. Exclusive ownership of the anti-malware solutions remains with the governing body that maintains the anti-malware solutions;
(3) Continuous vulnerability evaluation of the software code, libraries, and included packages throughout the software development lifecycle using automated, trusted tools to ensure erroneous code, unauthenticated access, or potential privilege escalation vehicles are not introduced;
(4) Trusted white hat vulnerability analysis for protected systems to evaluate, identify, and document risks within the application which are then provided to development and management personnel to appropriately mitigate any potential findings on a scheduled and reoccurring basis; and
(5) Personnel background checks to ensure that only personnel dedicated to a secure election process, who act in good faith to deliver quality, well-guarded code and application infrastructure, have access to restricted systems within the application development lifecycle.
Source: 50 SDR 12, effective August 8, 2023.
General Authority: SDCL 12-1-9(1), 12-4-37.
Law Implemented: SDCL 12-4-37.
