AN ACT
ENTITLED, An Act to revise the conditions for which certain elections may be delayed for an
emergency situation and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-2-4 be amended to read as follows:
12-2-4. Notwithstanding § 12-2-3, the county auditor may, upon request of the superintendent of an election precinct, if an emergency exists by reason of mechanical failure of a voting machine or an unanticipated shortage of ballots or like unforeseen event warrants it, extend the polling hours for that precinct until the emergency situation has been resolved.. If the emergency situation is not resolved within two hours, except for a primary or general election, the polling place shall remain closed for one week and reopen at the time of the closure of the polling place.
Section 2. That chapter 12-2 be amended by adding thereto a NEW SECTION to read as follows:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-2-4 be amended to read as follows:
12-2-4. Notwithstanding § 12-2-3, the county auditor may, upon request of the superintendent of an election precinct, if an emergency exists by reason of mechanical failure of a voting machine or an unanticipated shortage of ballots or like unforeseen event warrants it, extend the polling hours for that precinct until the emergency situation has been resolved.. If the emergency situation is not resolved within two hours, except for a primary or general election, the polling place shall remain closed for one week and reopen at the time of the closure of the polling place.
Section 2. That chapter 12-2 be amended by adding thereto a NEW SECTION to read as follows:
No earlier than twenty-four hours before the polls open, the person in charge of the election may
call a special emergency meeting, pursuant to §§ 1-25-1 and 1-25-1.1, of the local governing board
to postpone any election, except a primary or general election, for one week if the weather conditions
put into question the opening of a polling place. The polling place shall then remain open for the
same number of hours as it would normally have been open. Absentee voting shall continue pursuant
to chapter 12-19.
Section 3. That chapter 12-2 be amended by adding thereto a NEW SECTION to read as follows:
Section 3. That chapter 12-2 be amended by adding thereto a NEW SECTION to read as follows:
The person in charge of the election shall use any and all means necessary to notify the voters
in the jurisdiction of the postponement of an election pursuant to this chapter. If the postponement
misses the deadline for the official newspaper, a notice shall be posted in three of the most public
places within the jurisdiction.
Section 4. Whereas, this Act is necessary for the support of the state government and its existing
An Act to revise the conditions for which certain elections may be delayed for an emergency situation and to declare an emergency.
Section 4. Whereas, this Act is necessary for the support of the state government and its existing
public institutions, an emergency is hereby declared to exist, and this Act shall be in full force and effect from and after its passage and approval.
An Act to revise the conditions for which certain elections may be delayed for an emergency situation and to declare an emergency.
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I certify that the attached Act originated in the
SENATE as Bill No. 35
____________________________
Secretary of the Senate ____________________________
President of the Senate
Attest:
____________________________
Secretary of the Senate
____________________________
Attest:
____________________________
Chief Clerk
Senate Bill No. 35 File No. ____ Chapter No. ______ |
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor STATE OF SOUTH DAKOTA, ss.
Office of the Secretary of State
Filed ____________ , 20___
____________________________ Secretary of State
By _________________________ |
