An Act to revise provisions pertaining to the observation of the conduct of an election.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 12-1-3 be AMENDED:
12-1-3. Terms used in this title mean:
(1) "Ballot question," any initiated measure, initiated constitutional amendment, or referred law submitted to voters at an election;
(2) "Ballot question committee," a person or entity that raises, collects, or disburses contributions as a proponent or opponent for the placement on the ballot of one or more ballot questions or for the adoption or defeat of one or more ballot questions at an election;
(3) "Candidate," a person whose name is on the ballot or who is entitled to be on the ballot to be voted upon for nomination or election at any election;
(2)(4) "Election,"
any election held under the laws of this state;
(3)(5) "Election
officials," state and local officials charged with the duty of
conducting elections and the canvass of returns;
(4)(6) "Elector,"
a person qualified to register as a voter, whether or not the person
is registered;
(5)(7) "Electronic
pollbook," an electronic system containing both the registration
list and pollbook;
(6)(8) "General
election," the vote required to be taken in each voting precinct
of the state on the first Tuesday after the first Monday in November
of each even-numbered year;
(7)(9) "Paid
circulator," any person who receives money or anything of value
for collecting signatures for a petition;
(8)(10) "Party
office," an office of a political party organization as distinct
from a public office;
(9)(11) "Person
in charge of an election," or "person charged with the
conduct of an election," the county auditor in all cases except
local elections for a municipality, school district, township, or
other political subdivision, in which case it is the officer having
the position comparable to the auditor in that unit of government if
not specifically designated by law;
(10)(12) "Petition,"
a form prescribed by the State Board of Elections, which contains the
question or candidacy being petitioned, the declaration of candidacy
if required and the verification of the circulator. If multiple
sheets of paper are necessary to obtain the required number of
signatures, each sheet shall be self-contained and separately
verified by the circulator;
(11)(13) "Petition
circulator," a resident of the State of South Dakota as defined
under § 12-1-4,
who is at least eighteen years of age who circulates nominating
petitions or other petitions for the purpose of placing candidates or
issues on any election ballot;
(12)(14) "Political
party," beginning with the 2014 general election and each
general election thereafter, a party whose candidate for any
statewide office received at least two and one-half percent of the
total votes cast for that statewide office in either of the two
previous general election cycles;
(13)(15) "Pollbook"
or "poll list," a list containing in numerical order the
names of all persons voting at the election and type of ballot voted;
(14)(16) "Polling
place," a designated place voters may go to vote;
(15)(17) "Poll
watcher," a person chosen to observe the conduct of an election
by a candidate, political party, or ballot question committee;
(18) "Primary" or "primary election," an election held at which candidates are nominated for public office;
(16)(19) "Public
office," an elected position in government;
(17)(20) "Registration
list," a list of eligible voters;
(18)(21) "Registered
mail," does not include certified mail;
(19)(22) "Registration
officials," the county auditor and deputies and other persons
authorized to assist in registration pursuant to chapter 12-4;
(20)(23) "Vote
center," a polling place when the precinct has been defined as
the entire jurisdiction and an electronic pollbook is utilized;
(21)(24) "Voter,"
a person duly registered to vote or one who is performing the act of
voting;
(22)(25) "Independent
(IND)" or "no party affiliation (NPA)," any currently
registered voter who writes independent, I, Ind, no party
affiliation, no party, no choice, nonpartisan, or line crossed off in
the choice of party field on the voter registration form and any
individual who is not currently registered to vote who leaves the
choice of party field blank on the voter registration form;
(23)(26) "Independent
candidate," notwithstanding the definition of independent as
stated in this chapter, any registered voter regardless of party
affiliation who declares to be an independent candidate for public
office pursuant to this chapter;
(24)(27) "Other,"
any voter who writes a political party not recognized in South Dakota
in the choice of party field on the voter registration form.
Section 2. That § 12-18-9 be AMENDED:
12-18-9.
Any
person, except a candidate who is on the ballot being voted on at
that polling place, may be present at any polling place for the
purpose of observing the voting process. Any person may be present to
observe the counting process. A candidate who is on the ballot being
voted on at a polling place may only be present to cast the
candidate's vote during voting hours. A number of poll watchers shall
be permitted for each candidate at a primary election or political
party and independent candidate at a general election pursuant to
§ 12-18-8.1.
Each polling place shall be arranged in a manner that permits each
poll watcher to be positioned in a location where the poll watcher
can plainly see and hear what is done within the polling place.
At a primary, general, or special election, any candidate, party, or ballot question committee may have poll watchers present at a polling place for the purpose of observing the voting and counting process. A candidate who is on the ballot being voted on may not serve as a poll watcher and may only be present at a polling place to cast the candidate's vote during voting hours.
A poll watcher present at a polling place shall remain in a designated observation area at all times while acting as a poll watcher. The observation area must be less than six feet away from, but may not be closer than three feet to, the table at which voters announce their name and address to be issued a ballot. The observation area must also permit any poll watcher to see and hear all public aspects of the voting process.
A violation of this section by either a poll watcher or a poll worker is a Class 2 misdemeanor.
Section 3. That chapter 12-20 be amended with a NEW SECTION:
The process of sorting, validating, and counting ballots must be open to poll watchers for the purpose of observing the process. A poll watcher shall remain in a designated observation area at all times while acting as poll watchers. The observation area must be less than six feet away from, but may not be closer than three feet to, the place where the sorting, validating, or counting of ballots takes place. The observation area must also be positioned to permit any poll watcher to see and hear all public aspects of the sorting, validating, or counting process. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, setting the number of poll watchers allowed during the sorting, validating, or counting of ballots.
A violation of this section by either a poll watcher or a poll worker is a Class 2 misdemeanor.
Section 4. That chapter 12-21 be amended with a NEW SECTION:
A meeting of a recount board pursuant to this chapter must be open to the public. Members of the general public shall keep a reasonable distance from the ballots.
A violation of this section is a Class 2 misdemeanor.
Underscores indicate new language.
Overstrikes
indicate deleted language.