ENTITLED, An Act to revise certain provisions concerning elections conducted at voting centers
and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 12-14 be amended by adding thereto a NEW SECTION to read as
follows:
Notwithstanding any other provision of law, any jurisdiction may conduct an election using vote
centers pursuant to the provisions of this section. The election shall be conducted in conformance
with all applicable election laws and rules with the following exceptions:
(1) The jurisdiction may use vote centers that allow the voters in the jurisdiction to vote at
any one of the vote centers in lieu of establishing precincts and wards for the election;
(2) Any person who is registered to vote and living in the jurisdiction may be appointed as
a polling place superintendent or deputy to any of the vote centers;
(3) Secure, encrypted electronic pollbooks shall be used in lieu of paper registration books;
(4) The secretary of state shall prescribe the form of the ballot to be used at vote centers until
the State Board of Elections promulgates rules pursuant to subdivision 12-1-9(2);
(5) The entire jurisdiction is designated as one voting precinct for this election; and
(6) The jurisdiction shall submit a plan for approval to the secretary of state. The Board of
Elections shall promulgate rules pursuant to chapter 1-26 concerning the plan by July 1,
2013.
Section 2. That § 12-15-1 be amended to read as follows:
12-15-1. The county auditor shall, not less than twenty days before any election, appoint a
precinct superintendent and two precinct deputies who shall constitute the precinct election board
and a precinct superintendent and two precinct deputies of the counting board if the board is
appointed pursuant to § 12-15-14 or 12-15-14.1 for each of the voting precincts or vote centers of
the county. Additional precinct deputies may be appointed in increments of two. The county auditor
shall make the appointments from lists of names submitted by the county central committee of each
party. If the county auditor fails to receive the list at least forty-five days prior to an election, the
county auditor shall make the appointments.
Section 3. That § 12-4-10 be amended to read as follows:
12-4-10. 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 list for any voting precinct shall be designed so that each name can
be distinctly marked whenever the registrant presents himself or herself for voting and shall contain
a space in which may be recorded the record of any challenge, affidavit, or other information as may
be required. Each entry shall be made by the precinct superintendent or precinct deputies when the
voter presents himself or herself for voting.
Section 4. That § 12-1-3 be amended to read as follows:
12-1-3. Terms used in this title mean:
(1) "Candidate," a person whose name is on the ballot or who is entitled to be on the ballot
to be voted upon for nomination or election at any election;
(2) "Election," any election held under the laws of this state;
(3) "Election officials," state and local officials charged with the duty of conducting elections
and the canvass of returns;
(4) "Elector," a person qualified to register as a voter, whether or not the person is registered;
(4A) "Electronic pollbook," an electronic system containing both the registration list and
pollbook;
(5) "General election," the vote required to be taken in each voting precinct of the state on the
first Tuesday after the first Monday in November of each even-numbered year;
(6) "Party office," an office of a political party organization as distinct from a public office;
(7) "Person in charge of an election," or "person charged with the conduct of an election," the
county auditor in all cases except local elections for a municipality, school district,
township, or other political subdivision, in which case it is the officer having the position
comparable to the auditor in that unit of government if not specifically designated by law;
(8) "Petition," a form prescribed by the State Board of Elections, which contains the question
or candidacy being petitioned, the declaration of candidacy if required and the verification
of the circulator. If multiple sheets of paper are necessary to obtain the required number
of signatures, each sheet shall be self-contained and separately verified by the circulator;
(9) "Petition circulator," a resident of the State of South Dakota who is at least eighteen years
of age who circulates nominating petitions or other petitions for the purpose of placing
candidates or issues on any election ballot;
(10) "Political party," a party whose candidate for Governor at the last preceding general
election at which a Governor was elected received at least two and one-half percent of the
total votes cast for Governor;
(10A) "Pollbook" or "poll list," a list containing in numerical order the names of all persons
voting at the election and type of ballot voted;
(10B) "Polling place," a designated place voters may go to vote;
(11) "Primary" or "primary election," an election held at which candidates are nominated for
public office;
(12) "Public office," an elected position in government;
(12A) "Registration list," a list of eligible voters;
(13) "Registered mail," does not include certified mail;
(14) "Registration officials," the county auditor and deputies and other persons authorized to
assist in registration pursuant to chapter 12-4;
(14A) "Vote center," a polling place when the precinct has been defined as the entire jurisdiction
and an electronic pollbook is utilized;
(15) "Voter," a person duly registered to vote or one who is performing the act of voting.
Section 5. 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 certain provisions concerning elections conducted at voting centers and to declare
an emergency.
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I certify that the attached Act
originated in the
SENATE as Bill No. 58
____________________________
Secretary of the Senate
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____________________________
President of the Senate
____________________________
Secretary of the Senate
____________________________
Speaker of the House
____________________________
Chief Clerk
Senate Bill No. 58
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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