CHAPTER 12-3
SUFFRAGE AND RIGHT TO VOTE
12-3-1 General qualifications of voters.
12-3-1.1 Residents of federal areas.
12-3-2 12-3-2. Repealed by SL 1982, ch 28, § 39.
12-3-3 12-3-3, 12-3-4. Repealed by SL 1973, ch 69, § 4.
12-3-5 Time allowed employees from work to vote--Penalty and pay deduction prohibited--Violation as misdemeanor.
12-3-6 Counties covered by Voting Rights Act Amendments--Designation by federal agencies--Notice from secretary of state.
12-3-7 Proceedings to exempt county from Voting Rights Amendments.
12-3-8 Implementation of Voting Rights Amendments in affected counties.
12-3-9 Sioux dialects defined as historically unwritten.
12-3-10 Linguistic assistance to Indians provided by counties.
12-3-11 Precinct interpreters provided--Payment.
12-3-12 Certification that precinct interpreter not needed--Proof.
12-3-13 Rules promulgated by state board.
12-3-1. General qualifications of voters.
Every person who, at the time of an election, maintains residence in this state, will be eighteen years of age or older on or before the next election, is not otherwise disqualified, and complies with the law regarding the registration of voters pursuant to chapter 12-4, may vote at any election in this state.
Source: PolC 1877, ch 27, § 47; CL 1887, § 1486; RPolC 1903, § 1866; RC 1919, § 7213; SDC 1939, § 16.0604; SL 1972, ch 76, § 1; SL 1973, ch 69, § 2; SL 2023, ch 42, § 2.
12-3-1.1. Residents of federal areas.
No person residing on an area within the boundaries of this state which has been ceded to, or acquired by, the federal government shall be denied the right to vote in elections of this state or of the county, municipality, school district, or special district wherein such area lies if such person is otherwise qualified to vote in such election or elections.
Source: SL 1970, ch 92.
12-3-5. Time allowed employees from work to vote--Penalty and pay deduction prohibited--Violation as misdemeanor.
Any person entitled to vote at any election held within this state, including a primary election, shall, on the day of such election, be entitled to absent himself from any service or employment in which he is then engaged or employed for a period of two consecutive hours between the time of opening and the time of closing the polls; provided such person does not have a period of two consecutive hours during the time the polls are open during which he is not required to be present at his work or place of employment. Such voter is not, because of so absenting himself, liable to any penalty, nor may any deduction be made on account of such absence from his usual salary or wages. The employer may specify the hours during which such employee may absent himself as aforesaid.
An employer who refuses an employee the privilege conferred by this section or who subjects an employee to a penalty or reduction of wages because of the exercise of such privilege or who directly or indirectly violates this section is guilty of a Class 2 misdemeanor.
Source: SL 1897, ch 60, § 40; RPolC 1903, § 1924; RC 1919, § 7274; SL 1929, ch 118, § 20; SDC 1939, §§ 16.0202, 16.1211, 16.9922; SL 1945, ch 75; SL 1947, ch 87; SL 1955, ch 54; SL 1955, ch 57, § 1; SL 1968, ch 73, § 1; SL 1982, ch 86.
12-3-6. Counties covered by Voting Rights Act Amendments--Designation by federal agencies--Notice from secretary of state.
Whenever the United States Department of Justice and the United States Census Bureau, acting pursuant to Public Law 94-73, designate any county in South Dakota to be covered under the provisions of the Voting Rights Act Amendments of 1975, the county so designated shall be governed by the provisions of §§ 12-3-6 to 12-3-13, inclusive. The secretary of state shall notify those affected counties that they are covered by the provisions of Public Law 94-73.
Source: SL 1976, ch 104, § 1.
12-3-7. Proceedings to exempt county from Voting Rights Amendments.
The state's attorney of any affected county is hereby authorized to bring appropriate proceedings, pursuant to Public Law 94-73, to exempt the entire county from the provisions of that act.
Source: SL 1976, ch 104, § 7.
12-3-8. Implementation of Voting Rights Amendments in affected counties.
Sections 12-3-6 to 12-3-13, inclusive, shall apply to all elections held within the affected counties designated pursuant to § 12-3-6, and the person in charge of such elections shall be responsible for the implementation of such sections.
Source: SL 1976, ch 104, § 3.
12-3-9. Sioux dialects defined as historically unwritten.
The Legislature finds that the Lakota, Nakota, and Dakota dialects of the Sioux language are "historically" unwritten languages and are defined as such by the provisions of Public Law 94-73.
Source: SL 1976, ch 104, § 2.
12-3-10. Linguistic assistance to Indians provided by counties.
The county auditor of the counties affected by §§ 12-3-6 to 12-3-13, inclusive, shall provide election assistance to any Indian by providing a person proficient in both the local Sioux dialect and the English language in all precincts of the county for the purposes of registration, voting and instruction.
Source: SL 1976, ch 104, § 4.
12-3-11. Precinct interpreters provided--Payment.
Interpreters shall be provided for precincts as determined by the auditor or person in charge of that election and interpreters shall be paid the same as precinct deputies. All expenses shall be paid out of the county general fund or other appropriate political subdivision fund.
Source: SL 1976, ch 104, § 5; SL 1999, ch 69, § 2.
12-3-12. Certification that precinct interpreter not needed--Proof.
If any precinct exists in any county that does not need the assistance of an interpreter, the county auditor and the county state's attorney shall certify such facts to the state board of elections. Appropriate proof shall accompany such certification.
Source: SL 1976, ch 104, § 6.
12-3-13. Rules promulgated by state board.
The State Board of Elections shall have the authority, pursuant to chapter 1-26, to promulgate rules to implement, administer and enforce §§ 12-3-6 to 12-3-13, inclusive, and the state board of elections shall have further authority, pursuant to chapter 1-26, to promulgate rules to implement, administer and enforce further federal administrative rulings made pursuant to Public Law 94-73.
Source: SL 1976, ch 104, § 8.
