Administrative Rule 05:02:10 | South Dakota Legislature

Source: 2 SDR 46, effective December 30, 1975; 6 SDR 25, effective September 24, 1979; 8 SDR 24, effective September 16, 1981; 10 SDR 27, effective September 26, 1983; 16 SDR 20, effective August 10, 1989; 16 SDR 203, effective May 28, 1990; 19 SDR 12, effective August 5, 1992; 21 SDR 77, effective October 24, 1994; 23 SDR 115, effective January 22, 1997; 23 SDR 236, effective July 17, 1997; 25 SDR 8, effective August 3, 1998; 25 SDR 167, effective July 6, 1999; 29 SDR 177, effective July 2, 2003; 32 SDR 109, effective December 26, 2005; 32 SDR 225, effective July 3, 2006; 36 SDR 112, effective January 11, 2010; 36 SDR 209, effective June 30, 2010; 40 SDR 40, effective September 9, 2013; 44 SDR 94, December 4, 2017; 47 SDR 37, effective October 6, 2020 (effective December 1, 2020).

General Authority: SDCL 12-1-9(4), 12-19-2.

Law Implemented: SDCL 9-13-4.1, 12-18-6.1, 12-19-2, 12-19-2.1, 12-19-2.2, 13-7-4.2.

Rule 05:02:10:01.01 Receipt for absentee ballot.

5:02:10:01.01. Receipt for absentee ballot. When anyone returns a voted ballot in person, the auditor's receipt for that absentee ballot shall be in the following form:

RECEIPT FOR ABSENTEE BALLOT

I acknowledge receipt of the absentee ballot voted by _____________________ whose voting precinct is ____________ and whose permanent residence is _____________________________. I received this absentee ballot from _____________________.

Signed on this _____ day of

_______________, 20____.

______________________________

(Signature)

Person in Charge of the Election

Source: 6 SDR 25, effective September 24, 1979; 10 SDR 27, effective September 26, 1983.

General Authority: SDCL 12-1-9.

Law Implemented: SDCL 12-19-9.

Rule 05:02:10:01.02 Guidelines for acceptance of facsimile absentee ballot applications from UOCAVA voters.

5:02:10:01.02. Guidelines for acceptance of facsimile absentee ballot applications from UOCAVA voters. The person in charge of the election shall upon request make a fax number or email address available to Uniform and Overseas Citizens Absentee Voting Act (UOCAVA) voters for the purpose of sending a facsimile or emailed image of their signed absentee ballot application or request.

The facsimile or emailed image must be legible.

If the application or request is not legible, the person in charge of the election shall attempt to notify the voter as soon as possible by telephone or email if such contact information is provided.

Source: 31 SDR 214, effective July 4, 2005; 44 SDR 94, effective December 4, 2017.

General Authority: SDCL 12-1-9(4).

Law Implemented: SDCL 12-19-2.3.

Rule 05:02:10:01.03 Combined absentee ballot application/return envelope.

5:02:10:01.03. Combined absentee ballot application/return envelope. The application for an in-office absentee ballot shall be printed in the following form on an envelope used for sealing the voted ballot:

APPLICATION FOR IN-OFFICE ABSENTEE BALLOT

___________________ COUNTY, SOUTH DAKOTA

My printed name as it appears on the voter registration list is:____________________________

My voter registration residence address is: ___________________________________________

(address) (city)

Check the election for which you are requesting an absentee ballot:

□ Primary If you are registered as an independent and are requesting a primary ballot, you may have a choice of ballots. Please check one of the following: □ Non-political ballot or □ Democratic Party ballot

□ General

□ Municipal

□ School

□ Special ___________________(specify jurisdiction)

If request is for a municipal or school election:

I have lived in that jurisdiction at least 30 days in the last year. Yes □ No □

I am a full-time postsecondary student who resided in that jurisdiction immediately prior to leaving for postsecondary education. Yes □ No □

I am on active duty military and my home of record is in that jurisdiction. Yes □ No □

I, under penalty of impersonating a registered voter (5 years imprisonment and $10,000 fine), state that I am the person named above, these statements made by me are true and correct, and that I will vote the ballot which will be enclosed in this envelope.

______________________________________ ___________________

Voter Signature Date

INSTRUCTIONS TO THE VOTER

§ Mark your ballot privately.

§ Do not fold your ballot.

§ Place your ballot in this envelope and seal it securely.

§ Return the envelope immediately to the person in charge of the election.

Auditor Office Use Only:

Voter Precinct: ________

Type of ID: _________

Printers Note: When this form is printed for primary, general, or other county elections, reference to municipal and school elections may be omitted. The instruction to "not fold your ballot" may be changed if the ballot is to be folded.

Source: 32 SDR 225, effective July 3, 2006; 33 SDR 230, effective July 1, 2007; 36 SDR 112, effective January 11, 2010.

General Authority: SDCL 12-1-9(8), 12-19-2.5.

Law Implemented: SDCL 12-19-2, 12-19-2.1, 12-19-9.1, 12-19-2.5, 12-26-7, 22-6-1.

Rule 05:02:10:01.04 Repealed.

5:02:10:01.04. Military and overseas voters absentee ballot application for electronic access. Repealed.

Source: 36 SDR 209, effective June 30, 2010; repealed, 40 SDR 40, effective September 9, 2013.

Rule 05:02:10:02 Repealed.

5:02:10:02. Envelope for transmitting ballot application to superintendent of elections. Repealed.

Source: 2 SDR 46, effective December 30, 1975; 19 SDR 12, effective August 5, 1992; 46 SDR 42, effective September 30, 2019.

Rule 05:02:10:03 Envelope for sending ballots to voter.

5:02:10:03. Envelope for sending ballots to voter. Prior to January 1, 2011, the envelope for sending ballots to voters may follow the specifications provided in this section that were in effect on May 7, 2009.

All ballots mailed to any absentee voter shall be enclosed in an envelope securely sealed and addressed to the absentee voter as indicated on the application for ballots. The envelope shall conform to the following specifications:

(1) It shall be of minimum practicable size and weight;

(2) Across the face of the envelope shall be printed the words "OFFICIAL ABSENTEE VOTING MATERIAL – FIRST CLASS MAIL";

(3) In the upper left corner of the face of the envelope shall be printed the return address of the person in charge of the election; and

(4) Between the return address and the postage shall be printed the "medium use" official election mail logo as prescribed by the U.S. Postal Service. There must be a minimum one-quarter inch clear area around the entire logo.

Source: 2 SDR 46, effective December 30, 1975; 6 SDR 25, effective September 24, 1979; 28 SDR 99, effective January 17, 2002; 35 SDR 306, effective July 1, 2009.

General Authority: SDCL 12-1-9(8).

Law Implemented: SDCL 12-19-3.

5:02:10:04. Instructions to absentee voters. All ballots mailed or delivered to absentee voters shall include instructions that read as follows:

TO THE VOTER:

 Mark your ballot privately.

 Fill in the oval next to the name or ballot question. Use only a blue or black ink pen. Do not use a felt tip pen or marker.

 (insert a statement regarding whether and how many times the ballot should be folded).

 Place your ballot in the return envelope and seal it securely.

 Complete the statement on the back of the return envelope and (bold) SIGN IT (unbold).

 Mail the ballot (voter must pay for postage to mail the ballot unless the voter is covered under the UOCAVA act), deliver it in person, or have someone deliver it for you to the person in charge of the election. (bold) Do not return absentee ballot to your polling place (unbold).

 The ballot must be received by the person in charge of the election in time to transmit it to your precinct polling place before the polls close on election day.

 Additional information on absentee voting is available at www.sdsos.gov.

Printers Note: Use correct return time designation in sixth bullet point.

Source: 2 SDR 46, effective December 30, 1975; 5 SDR 31, effective November 1, 1978; 6 SDR 25, effective September 24, 1979; 8 SDR 24, effective September 16, 1981; 10 SDR 27, effective September 26, 1983; 12 SDR 43, effective September 23, 1985; 19 SDR 12, effective August 5, 1992; 31 SDR 35, effective September 23, 2004; 32 SDR 225, effective July 3, 2006; 35 SDR 306, effective July 1, 2009; 36 SDR 112, effective January 11, 2010; 45 SDR 9, effective July 30, 2018; 50 SDR 66, effectice December 5, 2023.

General Authority: SDCL 12-1-9(9).

Law Implemented: SDCL 12-19-4, 12-19-5, 12-19-41.

Rule 05:02:10:05 Official return envelope for ballots used in voting.

5:02:10:05. Official return envelope for ballots used in voting. Prior to January 1, 2011, the envelope for sending ballots to voter may follow the specifications provided in this section that were in effect on May 27, 2009.

The official return envelope for the absentee voter's ballot shall conform to the following specifications except as provided in § 5:02:10:08:

(1) It is the minimum practicable size and weight utilizing a white security or heavy manila envelope;

(2) Blank lines for the return address of the voter are printed in the upper left corner of the face of the envelope;

(3) The words, "OFFICIAL BALLOT TO BE VOTED AT _________ Precinct in __________ County, S.D., at the __________ Election." may be printed in the lower left corner of the face of the envelope;

(5) The words, "Place Stamp Here" are printed inside a box in the upper right corner;

(6) The return envelope is addressed to the person in charge of the local election in which the home precinct of the absentee voter is situated;

(7) The return envelope has the following statement printed on its reverse:

STATEMENT OF ABSENTEE VOTER

I, _______________________________, under penalty of impersonating a registered voter (5 years imprisonment and $10,000 fine), state that I am a registered voter in the county and state named on the front of this envelope, and that I have voted the enclosed ballot.

____________________________

(bold) Signature of Voter (unbold)

and

(8) The words "Must be received by the person in charge of the election by Election Day or the ballot will not be counted." are printed above or below the Statement of Absentee Voter.

Source: 2 SDR 46, effective December 30, 1975; 6 SDR 25, effective September 24, 1979; 8 SDR 24, effective September 16, 1981; 10 SDR 27, effective September 26, 1983; 12 SDR 43, effective September 23, 1985; 16 SDR 20, effective August 10, 1989; 19 SDR 12, effective August 5, 1992; 21 SDR 77, effective October 24, 1994; 28 SDR 99, effective January 17, 2002; 29 SDR 113, effective January 30, 2003; 33 SDR 230, effective July 1, 2007; 35 SDR 306, effective July 1, 2009.

General Authority: SDCL 12-1-9(8).

Law Implemented: SDCL 12-19-4, 12-26-7, 22-6-1.

Rule 05:02:10:06 Official record of absentee ballots delivered to voters.

5:02:10:06. Official record of absentee ballots delivered to voters. The official record of absentee ballots delivered to voters shall be in either a paper file or an electronic file. The county auditor may use a computer file that is linked to the master voter registration file. These records must contain the following information:

(1) Date of election and party designation if primary ballot;

(2) Name of voter;

(3) Current mailing address of voter;

(4) Voting precinct;

(5) Regular or UOCAVA voter;

(6) Date mailed to voter, given to authorized messenger, or voted in office;

(7) Name of authorized messenger;

(8) Date returned;

(9) Date application received;

(10) Email address if electronic transmission requested by UOCAVA voter (this is only for an election a county auditor runs, a local election does not have the option to transmit a ballot electronically through the state UOCAVA system); and

(11) Voter registration address.

Source: 4 SDR 85, effective June 14, 1978; 6 SDR 25, effective September 24, 1979; transferred from § 5:02:05:16, 12 SDR 43, effective September 23, 1985; 32 SDR 109, effective December 26, 2005; 36 SDR 209, effective June 30, 2010; 42 SDR 178, effective July 1, 2016.

General Authority: SDCL 12-1-9(4).

Law Implemented: SDCL 12-19-2, 12-19-2.1, 12-19-2.2, 12-19-2.3, 12-19-2.5.

Rule 05:02:10:07 Repealed.

5:02:10:07. Instructions for voting service and overseas ballots.Repealed.

Source: 4 SDR 85, effective June 14, 1978; 6 SDR 25, effective September 24, 1979; 8 SDR 24, effective September 16, 1981; transferred from § 5:02:05:17, 12 SDR 43, effective September 23, 1985; 20 SDR 4, effective July 19, 1993; repealed, 25 SDR 8, effective August 3, 1998.

5:02:10:08. Envelopes for use with voting service and overseas ballots. The envelopes used in connection with voting service and overseas ballots must be printed in black ink and must meet the following federal guidelines:

BALLOT TRANSMISSION ENVELOPE

Suggested Max

Height 6 1/8 inches

Length 11 ½ inches

Min

Height 3 ½ inches

Length 5 ½ inches

Use Black Ink

Printer Note: If an auditor needs to exceed the suggested maximum height and length, that is allowed.

$Picture 5$

BALLOT RETURN ENVELOPE

If mailed in non U.S. Postal System -- Voter must pay postage

Suggested Max

Height 6 1/8 inches

Length 11 ½ inches

Min

Height 3 ½ inches

Length 5 ½ inches

Use Black Ink

Printer Note: If an auditor needs to exceed the suggested maximum height and length, that is allowed.

$Picture 6$

The ballot return envelope must be a white security envelope or heavy manila envelope. The following must be printed on the reverse of the return envelope to the county auditor:

I, _________________________________, under penalty of impersonating a registered voter (five years imprisonment and $10,000 fine), state that I am a registered voter and that I have voted the enclosed ballot.

_______________________________

Signature of Voter

Source: 5 SDR 31, effective November 1, 1978; 6 SDR 25, effective September 24, 1979; transferred from § 5:02:05:18, 12 SDR 43, effective September 23, 1985; 14 SDR 19, effective August 9, 1987; 16 SDR 20, effective August 10, 1989; 20 SDR 4, effective July 19, 1993; 21 SDR 77, effective October 24, 1994; 25 SDR 8, effective August 3, 1998; 28 SDR 99, effective January 17, 2002; 29 SDR 177, effective July 2, 2003; 33 SDR 230, effective July 1, 2007; 35 SDR 306, effective July 1, 2009; 44 SDR 94, effective December 4, 2017.

General Authority: SDCL 12-1-9(8).

Law Implemented: SDCL 12-19-3, 12-19-4, 12-19-5, 12-26-7, 22-6-1.

05:02:10:09. Nursing facility, assisted living center, or hospital absentee voting. When the county auditor or the county auditor’s designee is at a facility to conduct absentee voting in accordance with SDCL 12-19-9.1, a resident who wishes to vote using an absentee ballot must be given an absentee ballot and the instructions for how to vote by absentee ballot pursuant to § 5:02:10:01.03. The resident shall complete the ballot alone, but must remain in the presence of the auditor or the auditor's designee. Any notified person listed in SDCL 12-19-9.1 may also be present.

The auditor or the auditor's designee must be present during the entire time the absentee voting is being conducted.

The receptacle used at a facility must be sealed at the auditor's office prior to transporting to a facility and may only be used for absentee voting at a facility.

While at the facility, the auditor or the auditor's designee shall place the completed absentee ballot into a sealed receptacle before leaving the facility. If the receptacle is used at more than one facility, the auditor must maintain a log of the facilities and the date of the voting.

The auditor or the auditor's designee shall transport the sealed receptacle to the auditor's office and secure the sealed receptacle in accordance with SDCL chapter 12-20 and § 5:02:16:37.

Upon return to the auditor's office, the ballots must be processed in the same manner as all in-person absentee ballots and stored in a secure storage area.

For purposes of this section, the term, facility, means a nursing facility, assisted living center, or hospital as defined in SDCL 34-12-1.1.

Source: 50 SDR 66, effective December 5, 2023.

General Authority: SDCL 12-1-9(4)(9), 12-19-9.1.

Law Implemented: SDCL 12-19-9.1, 12-19-9.3.

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