CHAPTER 12-4
REGISTRATION OF VOTERS
12-4-1 Persons entitled to register--Precinct.
12-4-1.1 12-4-1.1. Repealed by SL 2005, ch 89, § 1.
12-4-1.2 Voter registration form--Certification.
12-4-2 County auditor in charge of voter registration records.
12-4-2.1 12-4-2.1, 12-4-2.2. Repealed by SL 1982, ch 28, § 40.
12-4-2.3 12-4-2.3. Repealed by SL 1994, ch 107, § 2.
12-4-3 Mail registration cards and instructions provided by auditor--Contact information provided by private entities.
12-4-3.1 12-4-3.1. Repealed by SL 1994, ch 107, § 4.
12-4-3.2 Private entity or individual registering voters--Form filing deadline--Violation as misdemeanor.
12-4-4 12-4-4. Repealed by SL 1974, ch 118, § 200.
12-4-4.1 12-4-4.1. Repealed by SL 1994, ch 107, § 5.
12-4-4.2 Uniformed Overseas Citizens Absentee Voting Act implemented.
12-4-4.3 Overseas citizen defined.
12-4-4.4 Registration and voting by overseas citizens--Conditions.
12-4-4.5 Absentee registration and voting in last county and precinct of residence.
12-4-4.6 Absentee ballot request as registration--Notarization not required.
12-4-4.7 Expedition of registrations and ballot requests.
12-4-4.8 Promulgation of rules by state board.
12-4-4.9 Election laws apply to overseas voting provisions.
12-4-4.10 Secretary of state to provide voter registration and absentee voting information.
12-4-4.11 12-4-4.11. Repealed by SL 2016, ch 77, § 1.
12-4-4.12 Registration of voter under Uniformed and Overseas Citizens Absentee Voting Act.
12-4-5 Entry of applicants in registration file--Deadline--List for runoff election.
12-4-5.1 12-4-5.1. Repealed by SL 1974, ch 118, § 200.
12-4-5.2 Notice of registration procedures--Publication.
12-4-5.3 Review of voter registration application by auditor--Notice to applicant--Promulgation of rules.
12-4-5.4 Registration--Information provided.
12-4-5.5 Verification of driver license or social security information--Promulgation of rules.
12-4-6 Filling out registration card--Registration at driver's license station--Applicant unable to write.
12-4-6.1 Effective date of voter registration.
12-4-7 12-4-7. Repealed by SL 1981, ch 120, § 2.
12-4-7.1 12-4-7.1. Repealed by SL 1974, ch 118, § 200.
12-4-7.2 Duty to ensure completion of registration cards.
12-4-7.3 12-4-7.3, 12-4-7.4. Repealed by SL 1994, ch 107, §§ 10, 11.
12-4-8 Records prescribed by state board--Information required.
12-4-8.1 Postcard requests for absentee ballots under federal law--Indexing and furnishing to precinct board.
12-4-8.2 True copy to replace duplicate acknowledgment notice.
12-4-9 Master registration file--Contents--Public inspection--Limitations.
12-4-9.1 12-4-9.1. Repealed by SL 1974, ch 118, § 200.
12-4-9.2 Secured active designation.
12-4-9.3 Voter registration records of judicial officers not a public record.
12-4-10 Precinct registration lists--Contents--Entries.
12-4-10.1 Registration lists furnished to federal court for jury selection--Return of lists to auditor.
12-4-11 Change of registration file on change in precinct boundaries.
12-4-12 New registration on move between states or counties--Authorization to cancel previous registration.
12-4-13 12-4-13. Repealed by SL 1994, ch 107, § 17.
12-4-14 12-4-14. Repealed by SL 1974, ch 118, § 200.
12-4-15 Voter information and party affiliation--Designation or change.
12-4-16 12-4-16. Repealed by SL 1994, ch 107, § 19.
12-4-17 12-4-17. Repealed by SL 1975, ch 121.
12-4-18 Persons declared mentally incompetent, deceased, or serving sentence for felony conviction--Removed from registration records--Promulgation of rules--Certification.
12-4-19 Address verification request--Confirmation mailing--Exception.
12-4-19.1 Confirmation mailing notice to registrant of proposed registration cancellation--Postcard and return card--Contents.
12-4-19.2 Placement in inactive registration file by auditor.
12-4-19.3 12-4-19.3. Repealed by SL 1994, ch 107, § 24.
12-4-19.4 Cancellation of voter registration.
12-4-19.5 12-4-19.5. Repealed by SL 2002, ch 40, § 13.
12-4-19.6 National change of address notice.
12-4-19.7 Voter registration list maintenance confirmation mailing notice--Contents.
12-4-20 12-4-20 to 12-4-22. Repealed by SL 1974, ch 118, § 200.
12-4-23 12-4-23. Repealed by SL 1996, ch 95, § 3.
12-4-23.1 12-4-23.1. Repealed by SL 1976, ch 105, § 84.
12-4-24 Precinct lists for local election--Delivery to voting precincts.
12-4-24.1 Repealed by SL 2012, ch 81, § 5.
12-4-25 12-4-25 to 12-4-28. Repealed by SL 1974, ch 118, § 200.
12-4-29 12-4-29. Repealed by SL 1994, ch 107, § 25.
12-4-30 12-4-30. Repealed by SL 1974, ch 118, § 200.
12-4-31 12-4-31. Repealed by SL 1994, ch 107, § 26.
12-4-32 National Voter Registration Act of 1993.
12-4-33 Chief state election official.
12-4-34 References to registered voters--Inactive voters may sign petition.
12-4-35 Rules for the National Voter Registration Act.
12-4-36 Rebuttable presumption that certain electors not qualified.
12-4-37 Statewide voter registration file--County auditors to transmit changes to secretary--Security--Promulgation of rules.
12-4-38 County auditor's file is official record in event of discrepancy.
12-4-39 Promulgation of rules--Scope.
12-4-40 Identification of duplicate voter registration--Notification.
12-4-40.1 Sharing voter registration record with other states--Agreement required.
12-4-41 Use of voter registration information--Violation as misdemeanor--Civil penalty.
12-4-42 12-4-42 to 12-4-51. Transferred to §§ 12-1-21 to 12-1-30.
12-4-52 Payment for registration of voters based on number of voters registered prohibited--Violation as misdemeanor.
12-4-53 Receipt of payment for registration of voters based on number of voters registered prohibited--Violation as misdemeanor.
12-4-54 Annual report--Secretary of state--Individuals removed from county voter registration list--Open record.
12-4-55 Voter registration numbers to be published.
12-4-56 Voluntary removal of the name of a registered voter--Promulgation of rules.
12-4-57 Information to county auditor by clerk of court--Auditor to remove names.
12-4-1. Persons entitled to register--Precinct.
A person who maintains residence, as provided in § 12-1-4, within the state for at least thirty days prior to submitting the registration form, and who has the qualifications of a voter prescribed by § 12-3-1 or 12-3-1.1, or who will have such qualifications at the next ensuing municipal, primary, general, or school district election, is entitled to be registered as a voter in the election precinct in which the person maintains residence.
A person eligible to vote may vote only in the election precinct where the person maintains residence.
Source: SL 1961, ch 92, § 2; SL 1972, ch 76, § 2; SL 1974, ch 118, § 3; SL 2023, ch 42, § 3; SL 2023, ch 44, § 1.
12-4-1.2. Voter registration form--Certification.
The voter registration form must include a certification of voter eligibility by which the applicant attests, under the penalty of perjury, that the applicant:
(1) Is a citizen of the United States;
(2) Will be eighteen years or older on or before the next election;
(3) Has maintained residence in South Dakota for at least thirty days prior to submitting the registration form;
(4) Has not been judged mentally incompetent;
(5) Is not currently serving a sentence for a felony conviction; and
(6) Authorizes the cancellation of a previous registration, if applicable.
Source: SL 2023, ch 42, § 4.
12-4-2. County auditor in charge of voter registration records.
The county auditor has complete charge of maintaining and safeguarding the voter registration records in the county. The county auditor shall retain all voter registration records in the auditor's office in paper or electronic form. All such records shall be open to public inspection at all times during office hours, except pursuant to §§ 12-4-9 and 12-4-9.3.
Voter registration shall be conducted by each county auditor and municipal finance officer. Voter registration shall be available at the secretary of state's office and at those locations which provide driver licenses; food stamps; temporary assistance for needy families; women, infants, and children nutrition program; medicaid; military recruitment; and assistance to the disabled as provided by the Department of Human Services.
Source: SL 1961, ch 92, §§ 3, 4; SL 1969, ch 83, § 1; SDCL § 12-4-4; SL 1974, ch 118, § 4; SL 1976, ch 105, § 1; SL 1985, ch 106, § 1; SL 1994, ch 107, § 1; SL 1997, ch 166, § 3; SL 2003, ch 83, § 10; SL 2008, ch 63, § 1; SL 2012, ch 81, § 1; SL 2022, ch 11, § 3, eff. Feb. 14, 2022.
12-4-3. Mail registration cards and instructions provided by auditor--Contact information provided by private entities.
The county auditor shall provide mail registration cards along with instructions on how to properly register voters to private entities and individuals. Each private entity or individual shall provide information to the voter being registered on how the voter may contact such private entity or individual to determine the status of the voter's registration.
Source: SL 1961, ch 92, § 3; SL 1969, ch 83, § 1; SL 1974, ch 118, § 5; SL 1976, ch 105, § 2; SL 1978, ch 94, § 3; SL 1983, ch 107; SL 1994, ch 107, § 3; SL 2005, ch 88, § 1.
12-4-3.2. Private entity or individual registering voters--Form filing deadline--Violation as misdemeanor.
Any private entity or individual registering a person to vote shall file the completed registration form with the county auditor within ten days or by the next voter registration deadline, whichever occurs first. A violation of this section is a Class 2 misdemeanor.
Source: SL 2005, ch 90, § 1; SL 2023, ch 44, § 2.
12-4-4.2. Uniformed Overseas Citizens Absentee Voting Act implemented.
Sections 12-4-4.2 to 12-4-4.9, inclusive, implement the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq., as of January 1, 2023.
Source: SL 1977, ch 112, § 2; SL 1996, ch 95, § 1; SL 2023, ch 44, § 3.
12-4-4.3. Overseas citizen defined.
An "overseas citizen" is any person residing outside the territory of the United States of America including its territories and possessions, and who is a citizen of the United States.
Source: SL 1977, ch 112, § 3.
12-4-4.4. Registration and voting by overseas citizens--Conditions.
Any overseas citizen may register and vote in any federal, state, county, or local election held within South Dakota under the following conditions:
(1) The overseas citizen, or the spouse or parent of the overseas citizen, was last domiciled in South Dakota immediately prior to departure from the United States;
(2) The overseas citizen does not maintain a domicile, is not registered to vote, and is not voting in any other state;
(3) The overseas citizen is otherwise qualified to vote according to law.
Source: SL 1977, ch 112, § 4; SL 2011, ch 76, § 1.
12-4-4.5. Absentee registration and voting in last county and precinct of residence.
The overseas citizen may register and vote absentee in the same county and election precinct in which the overseas citizen, or spouse or parent of the overseas citizen, resided immediately prior to leaving the United States.
Source: SL 1977, ch 112, § 5; SL 2011, ch 76, § 2.
12-4-4.6. Absentee ballot request as registration--Notarization not required.
A request for an absentee ballot made by an overseas citizen that contains the information necessary to comply with §§ 12-4-4.4 and 12-4-4.5 shall be sufficient for registration purposes, and these applications need not be notarized or otherwise sworn to.
Source: SL 1977, ch 112, § 8.
12-4-4.7. Expedition of registrations and ballot requests.
The person in charge of the election shall expedite the processing of registrations and absentee ballot requests of overseas citizens.
Source: SL 1977, ch 112, § 6.
12-4-4.8. Promulgation of rules by state board.
The State Board of Elections may promulgate rules pursuant to chapter 1-26 for the implementation of §§ 12-4-4.2 to 12-4-4.9, inclusive.
Source: SL 1977, ch 112, § 1.
12-4-4.9. Election laws apply to overseas voting provisions.
All other provisions of law relating to elections shall apply to §§ 12-4-4.2 to 12-4-4.9, inclusive.
Source: SL 1977, ch 112, § 7.
12-4-4.10. Secretary of state to provide voter registration and absentee voting information.
The secretary of state shall provide any absentee uniformed services and overseas voter information on voter registration procedures and how to vote absentee.
Source: SL 2003, ch 83, § 13.
12-4-4.12. Registration of voter under Uniformed and Overseas Citizens Absentee Voting Act.
If a voter is 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, the voter may register to vote through the system provided by the Office of the Secretary of State.
Source: SL 2014, ch 72, § 2, eff. Feb. 19, 2014; SL 2023, ch 44, § 4.
12-4-5. Entry of applicants in registration file--Deadline--List for runoff election.
The county auditor shall enter in the master registration file the name of each eligible person whose completed application for registration and mail registration card is received no later than 5:00 p.m. local time at least fifteen days preceding the election by the county auditor or the local, state, or federal agency responsible for conducting voter registration under this chapter. A voter registration completed at any local, state, or federal agency during any week commencing on Tuesday through the following Monday shall be sent to the appropriate county auditor by the agency receiving the registration or mail registration card no later than the following Wednesday. The State Board of Elections may promulgate rules, pursuant to chapter 1-26, for the alternative transmission of voter registration information by computer from the agency to the secretary of state. The name of any voter who has registered to vote by 5:00 p.m. local time fifteen days preceding a runoff election shall be added to the file used for the runoff election.
Source: SL 1961, ch 92, §§ 4, 13; SDCL §§ 12-4-4, 12-4-5.1; SL 1969, ch 83, § 4; SL 1970, ch 86, § 11; SL 1974, ch 118, § 7; SL 1978, ch 94, § 1; SL 1981, ch 120, § 1; SL 1985, ch 106, § 2; SL 1985, ch 107, § 1; SL 1985, ch 110, § 1C; SL 1994, ch 107, § 6; SL 1996, ch 95, § 4; SL 2002, ch 40, § 5; SL 2017, ch 68, § 1; SL 2019, ch 69, § 1.
12-4-5.2. Notice of registration procedures--Publication.
The county auditor or the person responsible for the conduct of a local election shall give notice of the availability of registration officials and state when registration will be terminated and the effect of not registering to vote. The county auditor or the person responsible for the conduct of a local election shall publish the notice online and in official newspapers at least once each week for two consecutive weeks, the last publication to be not less than ten nor more than fifteen days before the deadline for registration. A township, conservation district, sanitation district, fire district, or any special district is not required to post a notice online if the district does not have an official website.
Source: SL 1974, ch 119, § 1; SL 2023, ch 44, § 5.
12-4-5.3. Review of voter registration application by auditor--Notice to applicant--Promulgation of rules.
When a voter registration application is received by the county auditor, the county auditor or an individual designated by the county auditor shall review the application for eligibility and completeness. If the applicant is not eligible to be registered or sufficient information to complete the registration card cannot be obtained from the applicant, the county auditor must send an acknowledgment notice by nonforwardable mail to the applicant indicating the reason the registration was not filed. The acknowledgment notice must state that the applicant needs to submit the corrected information to the county auditor within thirty days or the voter registration form may not be processed. The county auditor shall send an acknowledgment notice by nonforwardable mail to the applicant whose registration is accepted. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the form of the acknowledgement notice. The same confirmation mailing required by § 12-4-19 must be sent immediately to any person whose registration acknowledgment notice is returned undeliverable.
Source: SL 1994, ch 107, § 7; SL 1996, ch 95, § 5; SL 2017, ch 68, § 2; SL 2023, ch 44, § 6.
12-4-5.4. Registration--Information provided.
Any person registering to vote shall provide the person's valid South Dakota driver license number or a South Dakota nondriver identification number on the voter registration form. If a person does not have a valid South Dakota driver license or a South Dakota nondriver identification number, the person shall provide the last four digits of the person's social security number on the voter registration form. If a person does not have a valid South Dakota driver license, a South Dakota nondriver identification number, or a social security number, the person may only register at the county auditor's office and shall sign a statement verifying the fact that the person does not have a valid South Dakota driver license, a South Dakota nondriver identification number, or a social security number. The statement shall be prescribed by the State Board of Elections.
Source: SL 2003, ch 83, § 11; SL 2006, ch 68, § 1; SL 2020, ch 49, § 1.
12-4-5.5. Verification of driver license or social security information--Promulgation of rules.
At the time voter registration information is transmitted from a county to the statewide voter registration file, the secretary of state shall verify the authenticity of the driver license number or the South Dakota nondriver identification number with the driver license database. If the last four digits of the person's social security number have been provided, the secretary of state shall review the social security database to determine that the number, name, and date of birth are accurate and that this information belongs to the person. If any of this information is reported as not being accurate, the county auditor must withdraw the voter registration and attempt to get the correct information with the process provided in § 12-4-5.3. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, determining technical parameters for the driver license and social security database verification.
Source: SL 2003, ch 83, § 12; SL 2005, ch 89, § 2; SL 2020, ch 49, § 2; SL 2023, ch 44, § 7.
12-4-6. Filling out registration card--Registration at driver's license station--Applicant unable to write.
An applicant for registration shall answer questions and sign the oath as required on the form prescribed by the State Board of Elections. An applicant for registration at a driver's license station shall also sign a signature card prescribed by the Department of Public Safety. This signature shall be digitized and used to prepare the registration card as provided in § 12-4-5. If an applicant is unable to write his or her name, the applicant shall make a mark, the applicant's name being written near such mark, and written by a person who writes his or her own name as a witness.
Source: SL 1961, ch 92, § 13; SL 1969, ch 83, § 4; SL 1974, ch 118, § 8; SL 1975, ch 119, § 13; SL 1985, ch 107, § 2; SL 1994, ch 107, § 8; SL 2004, ch 17, § 8.
12-4-6.1. Effective date of voter registration.
A voter registration shall be considered to be effective on the date which the card is received by the county auditor. However, if the card was completed at one of the agencies listed in § 12-4-2, is received by the auditor within five days following any registration deadline and is dated by the deadline, the card shall be considered to be effective on the date which it was signed at the agency. If a card does not contain all of the information required by the form prescribed pursuant to § 12-4-6 or if the card contains information which is not correct, it shall be considered to be effective on the date all of the correct, required information is supplied to the county auditor.
Source: SL 1997, ch 78, § 1; SL 2005, ch 89, § 3.
12-4-7.2. Duty to ensure completion of registration cards.
Any local, state, or federal agency staff person who registers a voter shall ensure that the registration card, as prescribed by the State Board of Elections, is filled out completely.
Source: SL 1975, ch 119, § 14; SL 1976, ch 105, § 5; SL 1978, ch 94, § 2; SL 1985, ch 107, § 3; SL 1989, ch 127; SL 1993, ch 110, § 2; SL 1994, ch 107, § 9.
12-4-8. Records prescribed by state board--Information required.
For the purpose of expediting work of the county auditor, to promote uniformity in registration, and for the preparation of abstracts and other forms to be used by election boards, registration records shall be prescribed by the State Board of Elections. The State Board of Elections may require such information, on registration records, as is necessary to effectuate the state and federal election laws.
Source: SL 1961, ch 92, § 7; SL 1969, ch 83, § 3; SL 1970, ch 86, § 1; SL 1971, ch 83, §§ 10, 12; SL 1972, ch 76, § 3; SL 1974, ch 118, § 9; SL 1975, ch 119, § 16; SL 1994, ch 107, § 12.
12-4-8.1. Postcard requests for absentee ballots under federal law--Indexing and furnishing to precinct board.
In lieu of forms for registration prescribed under § 12-4-8, requests for absentee ballots submitted in accordance with the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq., as of January 1, 2023, are sufficient for registration purposes. The county auditor shall make and file the index card for the master file and attach the card thereto and shall save an electronic copy of the card. The county auditor shall supply a photocopy to the election board of the precinct for the purposes of § 12-19-2.
Source: SL 1957, ch 85, § 2; SDC Supp 1960, § 16.0611; SDCL, § 12-19-20; SL 1974, ch 118, § 10; SL 1992, ch 107, § 1; SL 1994, ch 107, § 13; SL 2023, ch 44, § 8.
12-4-8.2. True copy to replace duplicate acknowledgment notice.
Any voter whose name appears in the master registration file who makes written application to the county auditor for a duplicate acknowledgment notice, who has not received one or who has lost it, may receive a true copy of the card on file.
Source: SL 1970, ch 86, § 8; SDCL Supp, § 12-4-7.1; SL 1974, ch 118, § 11; SL 1994, ch 107, § 14; SL 2002, ch 40, § 6.
12-4-9. Master registration file--Contents--Public inspection--Limitations.
The county auditor shall maintain and safeguard a file of voters in computer format that contains the information of each person registered in each voting precinct within the county. This file shall be known as the master registration file and shall be, at all times during office hours, open to public inspection. However, public access to social security numbers, driver license numbers, and dates of birth contained in the master registration file is prohibited. The master registration file shall contain all information from each voter's registration card. The master registration file shall also include the date of the last election the voter has voted in and when the voter's information was last updated. The master registration file may also contain additional voter history information. Any voter registration form for a purged or unregistered voter shall be kept for twenty-two months. No purged or unregistered voter may be included in the master registration file.
Source: SL 1961, ch 92, § 5; SL 1974, ch 118, § 12; SL 1976, ch 105, § 6; SL 1994, ch 107, § 15; SL 2001, ch 66, § 6; SL 2008, ch 64, § 1; SL 2012, ch 81, § 2; SL 2017, ch 68, § 3; SL 2020, ch 50, § 1.
12-4-9.2. Secured active designation.
A person eligible to vote under § 12-4-1 may apply to the secretary of state to be listed in the master registration file with a secured active designation.
The secretary of state shall certify a secured active designation if an applicant provides a sworn application that affirms one of the following:
(1) The applicant has obtained an active protection order under chapter 25-10 or chapter 22-19A, which the secretary of state shall verify with the Unified Judicial System; or
(2) The applicant resides in a shelter established pursuant to chapter 25-10. The applicant shall obtain authorization signed by an official of the shelter.
Upon receipt of the application, the secretary of state shall verify with the Unified Judicial System that the applicant petitioned for the protection order and the order is active.
A voter record with a secured active designation shall be excluded from public inspection or copying, except if requested by a law enforcement agency, if directed by a court order, or if a secured active designation has been cancelled at the request of the secured active designee.
A secured active designation remains in effect for five years.
The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, to prescribe the notices and forms, as well as any criteria and procedures for approving applications pursuant to this section.
Source: SL 2021, ch 61, § 1.
12-4-9.3. Voter registration records of judicial officers not a public record.
Home address information on the voter registration record for a magistrate judge, circuit court judge, or justice of the Supreme Court eligible to vote under § 12-4-1 is not open to public inspection. The Unified Judicial System shall provide a list of judicial officers to the secretary of state.
Source: SL 2022, ch 11, § 4, eff. Feb. 14, 2022.
12-4-10. Precinct registration lists--Contents--Entries.
The county auditor shall provide from the master registration file, in paper or electronic format, a separate list of the names and addresses of all registered voters in each voting precinct as established pursuant to chapter 12-14, § 9-13-16, or 13-7-11 in the county, which shall be known as the precinct registration list. The county auditor shall design the list for any voting precinct so that each name can be distinctly marked when the voter requests a ballot and must contain a space in which may be recorded the record of any challenge, affidavit, or other information as may be required. The precinct superintendent or precinct deputy shall make each entry when the voter requests a ballot.
Source: SL 1961, ch 92, § 10; SL 1974, ch 118, § 13; SL 1975, ch 120, § 5; SL 1976, ch 105, § 7; SL 1992, ch 107, § 2; SL 2002, ch 40, § 7; SL 2012, ch 84, § 3, eff. Feb. 23, 2012; SL 2023, ch 44, § 9.
12-4-10.1. Registration lists furnished to federal court for jury selection--Return of lists to auditor.
Whenever so requested, the county auditor shall furnish to the clerk of the United States District Court for the district of South Dakota, at no cost to the county, the current precinct registration lists or certified copies thereof referred to in § 12-4-10 for all election precincts in the county whenever such lists are required by said clerk of the United States District Court in furtherance of a plan for random jury selection in the federal courts pursuant to 28 U.S.C. 1863 and other applicable federal statutes. Within thirty days after receipt of such precinct registration lists, the clerk of the United States District Court shall return the same to the county auditor.
Source: SL 1973, ch 81.
12-4-11. Change of registration file on change in precinct boundaries.
If the boundaries of any election precinct are changed, the county auditor shall immediately change the registration file to correctly show the names and the other relevant voting information required upon registration of the voters who are residents of the election precinct.
Source: SL 1961, ch 92, § 6; SL 1970, ch 86, § 2; SL 1974, ch 118, § 15; SL 2002, ch 40, § 8.
12-4-12. New registration on move between states or counties--Authorization to cancel previous registration.
Any new registrant previously registered elsewhere shall be required to sign an authorization which shall be forwarded by the registration official to the auditor of the county of former registration, or other appropriate registration official, who shall remove the registrant's name from the registration file.
Source: SL 1961, ch 92, § 9; SL 1974, ch 118, § 16; SL 1994, ch 107, § 16; SL 2002, ch 40, § 9.
12-4-15. Voter information and party affiliation--Designation or change.
A person may designate or change that person's party affiliation, name, address, phone number, or email address by completing a new registration card. If a person completes a registration card to change that person's name, address, phone number, or email address, and leaves the field for party affiliation blank, the county auditor must list the person's party affiliation as the most recent party affiliation registered for that person. If a person completes a registration card to register to vote for the first time in the state and leaves the field for party affiliation blank, the county auditor must register that person's party affiliation as no party affiliation.
Source: SL 1961, ch 92, § 8; SL 1976, ch 105, § 8; SL 1994, ch 107, § 18; SL 2018, ch 72, § 2, eff. July 1, 2019; SL 2023, ch 44, § 10.
12-4-18. Persons declared mentally incompetent, deceased, or serving sentence for felony conviction--Removed from registration records--Promulgation of rules--Certification.
The clerk of courts shall, within fifteen days after the close of each month, prepare an abstract from the records of the names of persons declared mentally incompetent in the preceding month. The clerk of courts shall send the name of a person declared mentally incompetent to the county auditor of the county in which the person declared incompetent resides.
The county auditor shall remove from the master registration list:
(1) The names of persons identified as mentally incompetent in accordance with the information provided pursuant to this section;
(2) The names of those sentenced to imprisonment in the federal penitentiary system; and
(3) The names published in an obituary.
The county auditor shall match voter registration records maintained in or transmitted to the statewide voter registration file with the death records maintained as vital statistics records by the Department of Health, the social security death index, the Social Security Administration master death file, and the records of felony convictions maintained by the Unified Judicial System each month. Any voter identified as deceased, as mentally incompetent, or who is serving a sentence for a felony conviction must be removed from the voter registration records.
The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, determining how voter registration records are matched.
Prior to providing a registration list to precincts, as prescribed in § 12-4-10, the county auditor must certify with the secretary of state that all individuals required to be removed from the master registration list have been removed based on the information available to the county auditor at the time the certification is submitted. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the form to certify the accuracy of the master registration list.
Source: SL 1961, ch 92, § 12; SL 1965, ch 93; SL 1972, ch 76, § 5; SL 1974, ch 118, § 20; SL 1978, ch 95, § 1; SL 1980, ch 110; SL 1982, ch 125; SL 1992, ch 108; SL 1993, ch 110, § 4; SL 1999, ch 71, § 1; SL 2001, ch 64, § 1; SL 2002, ch 72, § 1; SL 2003, ch 83, § 15, eff. Jan. 1, 2004; SL 2012, ch 82, § 1; SL 2023, ch 44, § 11.
12-4-19. Address verification request--Confirmation mailing--Exception.
Any voter in the active registration file who has failed to vote, has not updated the voter's registration information, and has not replied to a confirmation mailing at least once during the last preceding four consecutive years shall be sent a nonforwardable return-if-undeliverable address verification request. If the request is undeliverable then a confirmation mailing prescribed by the State Board of Elections shall be sent. If a county auditor has determined through a national change of address licensee of the United States Postal Service that the address of a voter who is to be sent an address verification request has changed, the confirmation mailing may be omitted. This process shall be performed by each county auditor from January first to November fifteenth, inclusive, of each odd-numbered year.
Source: SL 1961, ch 92, § 15; SL 1974, ch 118, § 21; SL 1975, ch 120, § 1; SL 1976, ch 105, § 9; SL 1994, ch 107, § 20; SL 1996, ch 95, § 2; SL 1998, ch 79, § 1; SL 2001, ch 64, § 2; SL 2002, ch 40, § 10; SL 2002, ch 72, § 2; SL 2018, ch 76, § 1.
12-4-19.1. Confirmation mailing notice to registrant of proposed registration cancellation--Postcard and return card--Contents.
The confirmation mailing notice shall be a double postcard stating that the voter's registration may be canceled if the card is not returned. In addition, the card shall state that if the information on the return card is correct, the voter must sign and return the card within thirty days or the voter's registration will become inactive. The card shall also state that if the information on the return card is not correct, the voter shall send the correct information to update the voter's registration or the voter's registration will become inactive. If the card is returned indicating a new address in another county in South Dakota or another state, the card shall serve as a cancellation authorization. The card shall also give information on reregistering if the voter has moved to another county or state. The card shall give the information about the voter as it appears in the registration records.
Source: SL 1975, ch 120, § 2; SL 1994, ch 107, § 21; SL 2005, ch 89, § 4.
12-4-19.2. Placement in inactive registration file by auditor.
If the card is not returned to the county auditor within the stated time limit or is undeliverable, the county auditor shall move the voter to an inactive registration file.
Source: SL 1975, ch 120, § 3; SL 1976, ch 105, § 10; SL 1992, ch 107, § 4; SL 1994, ch 107, § 22; SL 2002, ch 40, § 11.
12-4-19.4. Cancellation of voter registration.
If a voter placed in the inactive registration file does not vote by the second general election following the confirmation mailing, the registration shall be canceled. This determination shall be made between January first and November fifteenth of every odd-numbered year.
Source: SL 1994, ch 107, § 23; SL 2002, ch 40, § 12.
12-4-19.6. National change of address notice.
The national change of address notice shall be sent by forwarding service requested to each voter in the active registration file who has failed to vote, has not updated the voter's registration information, has not replied to a confirmation mailing at least once during the last preceding four consecutive years, and has had a national change of address within the jurisdiction with the United States Post Office. This process shall be performed by each county auditor from January first to November fifteenth, inclusive, of each odd-numbered year.
Source: SL 2018, ch 76, § 2.
12-4-19.7. Voter registration list maintenance confirmation mailing notice--Contents.
The voter registration list maintenance confirmation mailing notice shall be a double postcard stating that the voter's registration may be canceled if the card is not returned. In addition, the card shall state that if the information on the return card is correct, the voter shall sign and return the card by the voter registration deadline of the primary election or the voter's registration becomes inactive. The card shall also state that if the information on the return card is not correct, the voter shall send the correct information to update the voter's registration or the voter's registration becomes inactive. If the card is returned indicating a new address in another county in South Dakota or another state, the card shall serve as a cancellation authorization. The card shall also give information on reregistering if the voter has moved to another county or state. The card shall give the information about the voter as the information appears in the registration records.
Source: SL 2018, ch 76, § 3.
12-4-24. Precinct lists for local election--Delivery to voting precincts.
The county auditor shall complete and make available to the official charged with the conduct of a local election at least one day preceding the election a precinct registration list and the person in charge of the election shall deliver the list to each of the superintendents of election.
Source: SL 1961, ch 92, § 14; SL 1970, ch 86, § 4; SL 1974, ch 118, § 24; SL 1976, ch 105, § 11; SL 1985, ch 109; SL 1992, ch 107, § 5; SL 2023, ch 44, § 12.
12-4-24.1. Repealed by SL 2012, ch 81, § 5.
12-4-32. National Voter Registration Act of 1993.
Sections 4 to 8, inclusive, of the National Voter Registration Act of 1993 apply to all elections in South Dakota which require voter registration.
Source: SL 1994, ch 107, § 32.
12-4-33. Chief state election official.
The secretary of state is the chief state election official pursuant to section 10 of the National Voter Registration Act of 1993.
Source: SL 1994, ch 107, § 33.
12-4-34. References to registered voters--Inactive voters may sign petition.
If a statute refers to registered voters, it does not include those in the inactive registration file unless specifically included. Any voter in the inactive registration file may sign a petition.
Source: SL 1994, ch 107, § 34; SL 2002, ch 40, § 14; SL 2010, ch 74, § 9; SL 2023, ch 44, § 13.
12-4-35. Rules for the National Voter Registration Act.
The State Board of Elections may promulgate rules pursuant to chapter 1-26 necessary for implementation of the National Voter Registration Act.
Source: SL 1994, ch 107, § 35.
12-4-36. Rebuttable presumption that certain electors not qualified.
There is a rebuttable presumption that the signer of a petition filed pursuant to chapter 2-1, 6-16, 7-18A, 9-13, 9-20, 12-6, 12-7, or 13-7 is not a qualified elector if the signer's name fails to appear on the active or inactive voter registration list of the county stated on the petition as the signer's county of registration on the date the petition was signed. This rebuttable presumption may only be overcome by clear and convincing evidence presented by the petition sponsor, circulator, or candidate.
Source: SL 2001, ch 65, § 1; SL 2013, ch 63, § 1.
12-4-37. Statewide voter registration file--County auditors to transmit changes to secretary--Security--Promulgation of rules.
The secretary of state shall establish and maintain a computerized system for maintaining and utilizing the voter registration file and transmitting voter registration information from each county auditor to the Office of the Secretary of State. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, to develop and implement procedures to secure the computerized system used for the voter registration file from external threats that could damage the integrity of the voter registration system.
Each county auditor shall transmit any changes to the master registration file or the absentee voter log to the secretary of state on a daily basis. The county auditor shall transmit updated information contained in the county voter registration system, including voter registration information and voter election history information, to the Office of the Secretary of State not later than July fifteenth after each primary election and December fifteenth after each general election.
Source: SL 2001, ch 66, § 1; SL 2010, ch 74, § 10; SL 2011, ch 77, § 1; SL 2023, ch 44, § 14.
12-4-38. County auditor's file is official record in event of discrepancy.
The statewide voter registration file maintained by the secretary of state shall be considered a duplicate file of the official voter registration records held in each county office. If there is any discrepancy between the statewide voter registration file maintained by the secretary of state and the master registration file maintained by the county auditor, the master registration file maintained by the county auditor is the official file. However, for federal elections the statewide file shall be the official voter registration file. Upon request from the secretary of state, each county auditor shall transmit the county's entire voter file to the state voter registration file.
Source: SL 2001, ch 66, § 2; SL 2003, ch 83, § 9.
12-4-39. Promulgation of rules--Scope.
The secretary of state may promulgate rules pursuant to chapter 1-26 concerning:
(1) Procedures for the establishing the statewide voter registration file;
(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 file; and
(5) Establishment of fees for information provided from the statewide voter registration file.
Source: SL 2001, ch 66, § 3.
12-4-40. Identification of duplicate voter registration--Notification.
The secretary of state may use the statewide voter registration file 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 file contains the oldest duplicate registration and such county shall remove the person from the voter registration file. 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 file contains the oldest potential duplicate registration. The secretary of state shall notify such person in a manner consistent with the provisions of § 12-4-19.1.
Source: SL 2001, ch 66, § 4.
12-4-40.1. Sharing voter registration record with other states--Agreement required.
The secretary of state may share information from the statewide voter registration file with any other state, territory, or local political subdivision of another state or territory to identify any duplicate registrations.
Before sharing information from the statewide voter registration file with any other jurisdiction pursuant to this section, the secretary of state must secure an agreement in writing from the chief election official of the jurisdiction with which the information is to be shared, that any personally identifiable information contained in the list may not be shared with or sold to any person who is not an election official for the jurisdiction with which the information is shared.
Source: SL 2024, ch 48, § 1.
12-4-41. Use of voter registration information--Violation as misdemeanor--Civil penalty.
Any information obtained from the statewide voter registration file or any county voter registration file may be used or sold only for election purposes, may not be used for any commercial purpose, and may not be placed for unrestricted access on the internet. 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 1 misdemeanor. In addition to any criminal sanctions, the court may impose a civil penalty not to exceed two thousand dollars for each violation. Any civil penalty collected pursuant to this section shall be deposited in the general fund.
Source: SL 2001, ch 66, § 5; SL 2002, ch 72, § 3; SL 2017, ch 68, § 4.
12-4-52. Payment for registration of voters based on number of voters registered prohibited--Violation as misdemeanor.
No person may employ, reward, or compensate any person to register voters based on the number of voters registered. Nothing in this section prohibits any person from hiring a person paid on an hourly or salaried basis to register voters. Any violation of this section is a Class 2 misdemeanor.
Source: SL 2005, ch 91, § 1.
12-4-53. Receipt of payment for registration of voters based on number of voters registered prohibited--Violation as misdemeanor.
No person may receive any wages, reward, or compensation for registering voters based on the number of voters registered. Nothing in this section prohibits any person from being employed on an hourly or salaried basis to register voters. Any violation of this section is a Class 2 misdemeanor.
Source: SL 2005, ch 91, § 2.
12-4-54. Annual report--Secretary of state--Individuals removed from county voter registration list--Open record.
By March first of each year, the secretary of state shall submit a report to the State Board of Elections providing the number of voters removed from a county's voter registration list from the previous year due to inactivity, death, felony conviction, mental incompetence, or relocation to another jurisdiction.
The content of the report must be published on the official website of the secretary of state.
Source: SL 2023, ch 44, § 15; SL 2024, ch 49, § 1.
12-4-55. Voter registration numbers to be published.
On the first business day of each month and on the date of a primary, general, runoff, or special election in the state, the secretary of state shall publish on the official website of the secretary of state:
(1) The total number of registered voters in each county of the state;
(2) The total number of registered voters in each legislative district in the state;
(3) The total number of voters registered as a member of a political party in each county of the state;
(4) The total number of voters registered as a member of a political party in each legislative district in the state;
(5) The total number of inactive voters in each county in the state; and
(6) The total number of inactive voters in each legislative district of this state.
Source: SL 2023, ch 44, § 16; SL 2024, ch 50, § 1.
12-4-56. Voluntary removal of the name of a registered voter--Promulgation of rules.
A person registered to vote, pursuant to this chapter, may request that the auditor of the county in which the voter resides remove the person's name from the master registration list. If a person makes a request pursuant to this section less than fourteen days prior to an election, the removal of the individual's name is effective on the day after the election. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the form to be used by a person requesting the removal of the person's name from the master registration list.
Source: SL 2023, ch 44, § 17.
12-4-57. Information to county auditor by clerk of court--Auditor to remove names.
Within fifteen days after the close of each month, each clerk of court shall forward to the county auditor of the clerk's county information on any individual called for jury duty who is excused from jury duty because the individual has moved, has been convicted of a felony, has been declared mentally incompetent, is deceased, or is not a citizen of the United States. Upon receipt of the information, the county auditor shall investigate to determine if the reported individual is listed in the county's master registration file and whether the individual is eligible to be registered as a voter.
The county auditor shall remove from the master registration list:
(1) The names of persons identified as mentally incompetent in accordance with the information provided pursuant to this section or § 12-4-18;
(2) The names of those sentenced to imprisonment in the federal penitentiary system;
(3) The names of deceased voters published in an obituary, reported by a county coroner, or recorded in the death records maintained as vital statistics records by the Department of Health; and
(4) The names of those who are not citizens of the United States.
Source: SL 2023, ch 44, § 18.
