An Act to amend eligibility to vote by absentee ballot.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 12-19-1 be AMENDED:

12-19-1. A registered voter who An individual who is registered as a voter may vote by absentee ballot if the individual is not otherwise disqualified by law from voting in the election may vote by absentee ballot and:

(1) The individual expects to be absent from the county where the individual is registered as a voter on the day that the election is held;

(2) The individual is unable to vote at the polling place in the precinct where the individual is registered as a voter because of:

(a) A physical disability;

(b) Illness;

(c) The observance of a religious holiday;

(d) Attendance at a postsecondary educational institution; or

(e) The nature or hours of the individual's employment;

(3) The individual is serving as a juror for a federal or state court; or

(4) The individual is an absent uniformed services voter or an overseas voter, as defined by § 20310 of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20310 et seq. (January 1, 2025).

Section 2. That § 12-19-1.2 be AMENDED:

12-19-1.2. Absentee voting shall begin neither earlier nor later than forty-six days prior to the election including any voter identified as being covered by the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1)Absentee voting begins fifteen days before the election for an individual who meets the qualifications listed in subdivisions 12-19-1(1) and 12-19-1(2).

Absentee voting begins forty-six days before the election for an individual who is an absent uniformed voter or overseas voter, as defined by § 20310 of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20310 et seq. (January 1, 2025).

Section 3. That § 12-19-2 be AMENDED:

12-19-2. A voter An individual desiring to vote by mail may shall apply to the person in charge of the election for an absentee ballot between ten and ninety days before the election. The application or request must be made in writing, signed by the applicant, and must contain the applicant's voter registration address:

(1) The name of the applicant;

(2) The applicant's voter registration address;

(3) The applicant's date of birth;

(4) The applicant's social security number;

(5) The applicant's overseas mailing address, if applicable;

(6) The election in which the applicant desires to vote; and

(7) The reason that the applicant is requesting the absentee ballot.

The application or request must contain an oath verifying the validity of the information in the application or request. The oath must be administered by a notary public or other officer authorized by this state to administer an oath or administered by an out-of-state notary public. If the application or request does not contain an oath, the application or request must be accompanied by The application must include a copy of the voter's identification card as required by § 12-18-6.1. The copy of the voter's identification card must be maintained by the person in charge of the election pursuant to § 12-20-31.

The voter's identification card is, date of birth, and social security number are 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. The ballot must 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.

If the application or request is from a voter identified as being covered by the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq., as of January 1, 2023 (January 1, 2025), the voter may designate on the application for the ballot to be sent electronically pursuant to this section through the system provided by the Office of the Secretary of State secretary of state.

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 a copy of the record to the superintendent of the election board of the home precinct of the applicant.

Section 4. That § 12-19-2.1 be AMENDED:

12-19-2.1. At any time prior to between ten and ninety days before an election, a voter may apply for an absentee ballot in person at the office of and to the person in charge of the election during regular office hours or until five p.m. on the day before the election, whichever is later. If the voter applies in person, the voter must complete a combined absentee ballot application/return envelope and show the person in charge of the election the voter's identification card as required in § 12-18-6.1 or complete the affidavit as provided in § 12-18-6.2.

In the event of confinement because of sickness or disability, a qualified voter may apply in writing pursuant to the provisions of § 12-19-2 and obtain an absentee ballot by authorized messenger designated over the signature of the voter. The person in charge of the election shall provide the ballot to be delivered to the qualified voter to the authorized messenger. An application to have a ballot delivered by authorized messenger must be received by the person in charge of the election before three p.m. on the day of the election. If the application designating an authorized messenger also indicates a request for an absentee ballot for any future election, the absentee ballot must be mailed to the address provided on the application. If no address is provided, the ballot must be mailed to the person's voter registration address.