State of South Dakota
Representatives Bradford and Elliott and Senators Two Bulls, Bartling,
Heidepriem, Jerstad, Katus, Kloucek, and Peterson (Jim)
FOR AN ACT ENTITLED, An Act to
eliminate the requirement that an application or request
for an absentee ballot be notarized.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
be amended to read as follows:
An absentee voter desiring to vote by mail may apply to the person in charge of the
election for an absentee ballot. The application or request shall be made in writing and be signed
by the applicant and shall state the applicant's voter registration address. The application or
request shall contain an oath verifying the validity of the information contained in the
application or request.
The oath shall be administered by a notary public or other officer
authorized by statute to administer an oath.
If the application or request does not contain an
oath, the application or request shall be accompanied by a copy of the voter's identification card
as required by § 12-18-6.1. The copy of the voter's identification card shall be maintained by the
person in charge of the election. However, the voter's identification card is not available for
public inspection. The application or request may be used to obtain an absentee ballot for all
elections in that calendar year conducted by the jurisdiction receiving the application or request
if so indicated. If the application or request is from a voter identified as being covered by the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) as of January 1,
2006, an absentee ballot shall be provided to the voter for each federal election through the next
two general elections. The ballot shall be sent to the voter's residence, as shown in the voter
registration file or any temporary residence address designated in writing by the voter, at the
time of applying for the absentee ballot. The person in charge of the election shall stamp the
application with the date it was received. The person in charge of the election shall preserve a
record of the name, mailing address, and voting precinct of each applicant and, except as
provided by § 12-19-45, deliver the record to the superintendent of the election board of the
home precinct of the applicant.