An Act to amend provisions pertaining to the verification of registered voters contained in the master registration file.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added to chapter 12-4:

An individual who is a an immediate family member of a registered voter may submit to the auditor of the county in which the voter is registered, an affidavit stating that the voter is deceased.

If a an immediate family member submits an affidavit pursuant to this section, the statement must include the name of the registered voter, the name of the immediate family member reporting the death, the relationship of the immediate family member to the registered voter, and sufficient information to identify the registered voter in the county master registration file. Upon receipt of the affidavit, the county auditor shall cancel the voter's registration and remove the voter from the county master registration file.

Section 2. That § 12-4-19 be AMENDED:

12-4-19. 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

The county auditor must send a nonforwardable, return-if-undeliverable address verification request to a voter in the active registration file if:

(1) The voter has not, at least once during the last preceding four consecutive years:

(a) Voted;

(b) Updated the voter's registration information; or

(c) Replied to a confirmation mailing; or

(2) The auditor receives an affidavit from one of the following attesting that the registered voter is no longer a resident of the precinct in which the voter is registered:

(a) A family member of the voter;

(b) The rental manager of a campground, residential rental unit, or private mail box;

(c) The county sheriff; or

(d) The clerk of the circuit court.

An affidavit provided pursuant to subdivision (2), must provide sufficient information to identify the registered voter in the county master registration file and a statement as to the source and nature of the information upon which the affidavit is submitted. The Board of Elections shall prescribe the form of the affidavit.

The auditor shall send the address verification request to a voter who meets the description set forth in subdivision (1) from January first to November fifteenth, inclusive, of each odd-numbered year. If the auditor receives an affidavit, pursuant to subdivision (2), the auditor must send the address verification request within two business days of receiving the affidavit.

If the an address verification request is undeliverable then or is not returned to the county auditor within thirty days, a confirmation mailing prescribed by the State Board of Elections shall must 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.

Section 3. That § 12-4-19.2 be AMENDED:

12-4-19.2. If the card confirmation mailing sent to a registered voter pursuant to § 12-4-19, is not returned to the county auditor within the stated time limit provided in § 12-4-19.1 or is returned as undeliverable, the county auditor shall move the voter to an inactive registration file.