12-19-9. Delivery of absentee ballot--Personal delivery when transmission time insufficient--Receipt.

An authorized messenger shall deliver the absentee ballot to the office of the person in charge of the election unless there is not sufficient 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, the authorized messenger shall 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 provide the authorized messenger a receipt.

Source: SL 1913, ch 200, § 2; SL 1917, ch 233, § 2; SL 1918 (SS), ch 45; RC 1919, § 7227; SL 1925, ch 159, § 2; SL 1929, ch 114, § 1; SDC 1939, § 16.0607; SL 1963, ch 110, § 2; SL 1970, ch 91, § 1; SL 1972, ch 90, § 3; SL 1974, ch 118, § 139; SL 1976, ch 105, § 66; SL 1979, ch 105, § 2; SL 1980, ch 115, § 6; SL 1983, ch 116, § 1; SL 1992, ch 115, § 6; SL 2006, ch 72, § 4; SL 2023, ch 51, § 9.

12-19-9.1. Nursing facility, assisted living center, or hospital having multiple absentee ballot requests--Promulgation of rules.

If there is any nursing facility, assisted living center, or hospital, as defined in § 34-12-1.1, within any county from which there might reasonably be expected to be five or more absentee applications, the county auditor shall notify the person in charge of that facility and the chair of the county central committee of each party and any other person who has filed a request to be notified of the date and time at which representatives of the auditor's office will be present to assist the residents of that facility to vote, utilizing the absentee procedure. Any political party, independent candidate, and nonpolitical candidate may assign a person to accompany the county auditor's representatives. At the date and time announced, the county auditor's representative shall deliver ballots to and assist all persons at that facility who desire assistance to vote. This section applies only to a primary or general election.

If a person in charge of an election conducts absentee voting at a nursing facility, assisted living center, or hospital, as defined in § 34-12-1.1, the voter shall complete a combined absentee ballot application form and return envelope, and the identification and affidavit requirements provided in § 12-19-2.1 are waived. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the procedures by which the county auditor will conduct absentee voting, collect completed ballots, and secure completed ballots at a nursing facility, assisted living center, or hospital, as defined in § 34-12-1.1.

Source: SL 1972, ch 89; SL 1981, ch 125; SL 1997, ch 82, § 1; SL 2003, ch 82, § 5; SL 2006, ch 72, § 5; SL 2017, ch 2, § 6; SL 2023, ch 51, § 10.

12-19-9.2. Disqualifying factors--Marking and return of ballot before poll opening.

If, prior to the casting of absentee ballots, it is made to appear by due proof to the county auditor or election board that any voter who has marked and forwarded an absentee ballot is no longer eligible to vote due to death, felony conviction, or mental incompetence prior to the opening of the polls on the date of the election, the ballot of the voter must be returned in the sealed return envelope with the evidence of the disqualifying factor listed in this section attached and the envelope marked accordingly with one of the following statements:

(1)    Unopened by reason of death of voter;

(2)    Unopened by reason of felony conviction of voter; or

(3)    Unopened by reason of mental incompetence of voter.

The marked envelope must be returned to the officer in charge of the conduct of the election. A returned absentee ballot deemed ineligible may not be opened or counted. The casting of any such ballot shall not invalidate the election.

Source: SL 1974, ch 118, § 142; SL 2023, ch 51, § 11.

12-19-9.3. Ballot drop boxes prohibited--Exclusions--Promulgation of rules--Violation as misdemeanor.

The person in charge of the election may not establish or place, or allow any individual to establish or place, an absentee ballot drop box within the official's jurisdiction. A completed absentee ballot may only be returned to an office of the individual in charge of the election pursuant to § 12-19-7.

For the purposes of this section, the term, absentee ballot drop box, means a receptacle or container into which an individual may deposit a completed absentee ballot. This term excludes a county auditor's means for physically securing a completed absentee ballot as required by § 12-19-10 or 12-19-42, including a secured and monitored receptacle or container at the office of the individual in charge of the election. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the requirements to ensure the security of the receptacle or container located at the office of the individual in charge of the election.

A violation of this section is a Class 2 misdemeanor.

Source: SL 2023, ch 51, § 21.