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HB 1252 establish a statewide voter registration file, to...

State of South Dakota  
SEVENTY-SIXTH SESSION
LEGISLATIVE ASSEMBLY,  2001  

582E0592  
HOUSE BILL   NO.     1252  

        Introduced by: Representatives Davis, Abdallah, Bartling, Begalka, Bradford, Broderick, Brown (Jarvis), Brown (Richard), Burg, Clark, Derby, Duenwald, Duniphan, Eccarius, Elliott, Frost, Fryslie, Garnos, Glenski, Hansen (Tom), Hanson (Gary), Hargens, Heineman, Hennies (Don), Hennies (Thomas), Holbeck, Hundstad, Hunhoff, Jaspers, Jensen, Juhnke, Konold, Kooistra, Lange, Lintz, Madsen, McCaulley, McCoy, Michels, Monroe, Murschel, Nachtigal, Olson (Mel), Pederson (Gordon), Peterson (Bill), Peterson (Jim), Pitts, Pummel, Richter, Sebert, Sigdestad, Slaughter, Smidt, Solum, Sutton (Duane), Teupel, Valandra, Van Etten, Van Gerpen, Van Norman, and Wick and Senators Brown (Arnold), Albers, Apa, Brosz, Daugaard, de Hueck, Dennert, Diedrich (Larry), Diedtrich (Elmer), Drake, Duxbury, Everist, Greenfield, Hutmacher, Kleven, Koetzle, Madden, McCracken, McIntyre, Moore, Munson, Olson (Ed), Putnam, Staggers, Sutton (Dan), Symens, and Vitter  


         FOR AN ACT ENTITLED, An Act to  establish a statewide voter registration list and to make an appropriation therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That chapter 12-4 be amended by adding thereto a NEW SECTION to read as follows:
     The secretary of state shall establish a computerized system for maintaining and utilizing the voter registration list and transmitting voter registration information from each county auditor to the Office of the Secretary of State. Each county auditor shall furnish the current master registration list of voters as provided in §  12-4-9 in computer format to the secretary of state by

January 1, 2002. Each county auditor shall transmit any changes thereafter to the master registration list to the secretary of state on a daily basis.
     Section  2.  That chapter 12-4 be amended by adding thereto a NEW SECTION to read as follows:

     The statewide voter registration list maintained by the secretary of state shall be considered a duplicate listing of the official voter registration records held in each county office. If there is any discrepancy between the statewide voter registration list maintained by the secretary of state and the master registration list maintained by the county auditor, the master registration list maintained by the county auditor is the official list.
     Section  3.  That chapter 12-4 be amended by adding thereto a NEW SECTION to read as follows:
     The secretary of state may promulgate rules pursuant to chapter 1-26 concerning:
             (1)    Procedures for the establishing the statewide voter registration list;
             (2)    Transmission of the voter registration information from the county to the Office of the Secretary of State;
             (3)    Procedures for determining duplicate voter registration;
             (4)    Dissemination of the information from the statewide voter registration list; and
             (5)    Establishment of fees for information provided from the statewide voter registration list.
     Section  4.  That chapter 12-4 be amended by adding thereto a NEW SECTION to read as follows:
     The secretary of state may use the statewide voter registration list to identify any duplicate voter registration within the state. If the secretary of state has determined that there is a duplicate voter registration, the secretary of state shall notify the county whose official master registration

list contains the oldest duplicate registration and such county shall remove the person from the voter registration list. If the secretary of state has identified a potential duplicate voter registration, the secretary of state shall notify the person registered in the county whose official master registration list contains the oldest potential duplicate registration. The secretary of state shall notify such person in a manner consistent with the provisions of §  12-4-9.1.
     Section  5.  That chapter 9-4 be amended by adding thereto a NEW SECTION to read as follows:

     No information obtained from the statewide voter registration list may be used or sold for any commercial purpose. For the purpose of this section, the term, commercial purpose, does not include campaign or political polling activities. Any violation of this section is a Class 2 misdemeanor.
     Section  6.  That § 12-4-9 be amended to read as follows:
     12-4-9.   The county auditor shall maintain a list of voters in paper or computer format which shall be properly indexed, so made and arranged as to contain a list of all persons registered, alphabetically arranged according to surnames, residing in each voting precinct within the county. The list shall be kept at the office of the county auditor and properly safeguarded. This list shall be known as the , " master registration list, " and may not be removed from the office except upon an order of a court of competent jurisdiction. The " master registration list " shall be, at all times during office hours, open to public inspection.
     Section  7.  There is hereby appropriated from the general fund the sum of two hundred fifty thousand dollars ($250,000), or so much thereof as may be necessary, to the secretary of state for hardware, software, development, and any other costs that may be incurred to establish a statewide voter registration list.
     Section  8.  The secretary of state shall approve vouchers and the state auditor shall draw

warrants to pay expenditures authorized by this Act.
     Section  9.  Any amounts appropriated in this Act not lawfully expended or obligated by June   30, 2002, shall revert in accordance with §   4-8-21.