An Act to prohibit the use of voter centers in a county.

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 committee," as defined by § 12-27-1;

(2) "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;

(3) "Election," any election held under the laws of this state;

(4) "Election officials," state and local officials charged with the duty of conducting elections and the canvass of returns;

(5) "Elector," a person qualified to register as a voter, whether or not the person is registered;

(6) "Electronic pollbook," an electronic system containing both the registration list and pollbook;

(7) "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;

(8) "Independent" or "no party affiliation," 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;

(9) "Independent candidate," notwithstanding the definition of independent as stated in this section, any registered voter, regardless of party affiliation, who declares to be an independent candidate for public office pursuant to this chapter;

(10) "Other," any voter who writes a political party not recognized in this state in the choice of party field on the voter registration form;

(11) "Paid circulator," any person who receives money or anything of value for collecting signatures for a petition;

(9)(12) "Party office," an office of a political party organization as distinct from a public office;

(10)(13) "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;

(11)(14) "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;

(12)(15) "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;

(13)(16) "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;

(14)(17) "Pollbook" or "poll list," a list containing in numerical order the names of all persons voting at the election and type of ballot voted;

(15)(18) "Polling place," a designated place voters may go to vote;

(16)(19) "Poll watcher," a person chosen to observe the conduct of an election by a candidate, political party, or ballot question committee;

(17)(20) "Primary" or "primary election," an election held at which candidates are nominated for public office;

(18)(21) "Public office," an elected position in government;

(19)(22) "Registration list," a list of eligible voters;

(20)(23) "Registered mail," does not include certified mail;

(21)(24) "Registration officials," the county auditor and deputies and other persons authorized to assist in registration pursuant to chapter 12-4; and

(22) "Vote center," a polling place when the precinct has been defined as the entire jurisdiction and an electronic pollbook is utilized;

(23)(25) "Voter," a person duly registered to vote or one who is performing the act of voting;

(24) "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;

(25) "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;

(26) "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 § 12-6-7 be AMENDED:

12-6-7. A nominating petition may be composed of several sheets, each. Each sheet shall must have identical headings printed at the top and shall must be a self-contained sheet of paper. The petition for a candidate for the Legislature shall must designate the senatorial or representative district number and house for which the person individual is a candidate.

The petition for party office or political public office for a state or federal candidate shall must be signed by not less than at least one percent of the voters who voted for that party's gubernatorial candidate at the last gubernatorial election in the state. A petition for the Legislature, county party office, or county political public office shall must be signed by not less than at least one percent of the voters who voted for that party's gubernatorial candidate at the last gubernatorial election, or fifty voters, in the county, part of the county, or district electing a candidate to fill the office, whichever is less.

If the party meets the requirement for alternative political status, as defined in § 12-1-3.1, the petition for party office or political public office for a state or federal candidate shall must be signed by not less than at least one percent of the voters who voted for that party's statewide candidate receiving the highest votes at the last gubernatorial election in the state. A petition for the Legislature, county party office, or county political public office shall must be signed by not less than at least one percent of the voters who voted for that party's statewide candidate receiving the highest votes at the last gubernatorial election in the county, part of the county, or district electing a candidate to fill the office, whichever is less.

If a county uses vote centers and does not print ballots by precinct, signature requirements are:

(1) For both partisan and independent candidates, fifty signatures for a legislative candidate whose district either in whole or in part includes that county;

(2) For a county candidate:

(a) Partisan candidate petitions shall be signed by the lesser of fifty signatures or signatures from one percent of the voters who voted for that party's gubernatorial candidate, or the party’s statewide candidate receiving the highest votes if the party meets the requirement for alternative party status as defined in § 12-1-3.1, at the last gubernatorial election in the county electing a candidate to fill the office; or

(b) Independent candidate petitions shall be signed by not less than one percent of the total combined vote for Governor at the last certified election within the county electing a candidate to fill the office;

(3) Half the number of signatures required under subdivision (2), for county commissioner district candidates;

(4) Five signatures for a new party legislative candidate whose district either in whole or in part includes that county;

(5) Five signatures for a new party county candidate; or

(6) Three signatures for a new party county commissioner district candidate.

Section 3. That § 12-15-1 be AMENDED:

12-15-1. The county auditor shall, not less than twenty days before any election, appoint a precinct superintendent and two precinct deputies who shall constitute the precinct election board and a precinct superintendent and two precinct deputies of the counting board, if the board is appointed pursuant to § 12-15-14 or 12-15-14.1, for each of the voting precincts or vote centers of the county. Additional precinct deputies may be appointed in increments of two. The county auditor shall make the appointments from lists of names submitted by the county central committee of each party. If the county auditor fails to receive the list at least forty-five days prior to an election, the county auditor shall must make the appointments.

Section 4. That § 12-17B-20 be AMENDED:

12-17B-20. The post-election audit must be conducted in five percent of the precincts in the county by manually counting all votes cast in two contests and comparing the results of the manual count to the results for those precincts at the county canvass. The county auditor shall select the precincts for the audit at random, without the use of a computer, in public, during the meeting of the county canvassing board. If the combined total of all ballots cast in the precincts selected does not exceed one hundred ballots, then additional precincts must be randomly selected until the total of all ballots exceeds one hundred ballots. For the purposes of this section, the term precinct includes vote centers, but a precinct does not include any precinct designated as an absentee precinct.

The county auditor shall select the contests for the audit at random, without the use of a computer, in public, during the meeting of the county canvassing board. One contest randomly selected for the audit must be a statewide contest. If there are no statewide contests on the ballot, the auditor randomly shall must select another contest on the ballot. If there is only one contest on the ballot, that contest must be audited.

Section 5. That § 12-19-9 be AMENDED:

12-19-9. An authorized messenger shall deliver the absentee ballot to the office of the person in charge of the election, unless there is not sufficient insufficient time for the person in charge of the election to transmit the absentee ballot to the voter's home precinct or a vote center as prescribed by § 12-14-17. In that instance.

If there is insufficient time for the person in charge of the election to transmit the absentee ballot to the voter's home precinct, the authorized messenger shall must personally deliver the absentee ballot to the precinct superintendent of the voter's home precinct. If the authorized messenger requests a receipt when returning the absentee ballot, the person in charge of the election shall must provide the authorized messenger a receipt.

Section 6. That § 12-16-28 be AMENDED:

12-16-28. The person in charge of an election shall provide paper ballot precincts with a pollbook, in the form prescribed by the State Board of Elections, for each election precinct, for the purposes of § 12-18-5. If any jurisdiction uses electronic pollbooks, but does not use vote centers, the person in charge of the election shall must provide a printed paper voter registration list and a printed and bound paper pollbook to each precinct, prior to the opening of the polls.

Section 7. That § 12-14-17 be REPEALED.

Notwithstanding any other law, a jurisdiction may conduct an election using vote centers in accordance with this section. The election shall be conducted in accordance with all applicable election laws and rules other than:

(1) The jurisdiction may use vote centers that allow voters in the jurisdiction to vote at any of the vote centers in lieu of establishing precincts and wards for the election;

(2) Any person who is registered to vote and living in the jurisdiction may be appointed as a polling place superintendent or deputy to any of the vote centers;

(3) Secure, encrypted electronic pollbooks shall be used in lieu of paper registration books;

(4) The entire jurisdiction is designated as one voting precinct for the election; and

(5) Any jurisdiction that uses vote centers shall provide a printed paper voter registration list and a printed and bound paper pollbook to each vote center prior to the opening of the polls.