FOR AN ACT ENTITLED, An Act to revise certain provisions concerning absentee voting.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-16-1 be amended to read as follows:
12-16-1. The county auditor shall provide printed ballots for each election in which the
voters of the entire county participate. Except as provided in § 12-6-9, printed ballots for a
primary election shall contain the name of each candidate who has filed for nomination and is
approved. The printed ballots for the election of officers shall contain the name of each
candidate whose nomination has been certified or filed with the county auditor in the manner
provided by law unless the candidate is deemed elected by having no opposition. The names of
the candidates shall appear on the ballot exactly as listed in the declaration of candidacy of the
candidates' nominating petitions. Sample ballots shall be printed on paper of a different color
from the official ballot but in the same form. The sample ballots and official ballots shall be
printed and in the possession of the county auditor not later than forty-eight days prior to a
primary or general election.
Absentee voting shall begin no earlier and no later than forty- six
days prior to the election. The county auditor shall also prepare the necessary ballots if any
question is required to be submitted to the voters of the county. Ballots for general elections
shall be of the style and form prescribed in §§ 12-16-2 to 12-16-11, inclusive.
Section 2. That chapter 12-19 be amended by adding thereto a NEW SECTION to read as
follows:
Absentee voting shall begin neither earlier nor later than forty-six days prior to the election
including any voter identified as being covered by the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-1).
Section 3. That § 12-19-2.1 be amended to read as follows:
12-19-2.1. At anytime prior to an election, a voter may apply in person at the office of and
to the person in charge of the election for an absentee ballot during regular office hours up to
3:00 5:00 p.m. on the day of before the election. If the voter applies in person, the voter shall
complete a combined absentee ballot application/return envelope and show the person in charge
of the election the voter's identification card as required in § 12-18-6.1 or complete the affidavit
as provided in § 12-18-6.2.
In the event of confinement because of sickness or disability, a qualified voter may apply
pursuant to the provisions of § 12-19-2 in writing and obtain an absentee ballot by authorized
messenger so designated over the signature of the voter. The person in charge of the election
may deliver to the authorized messenger a ballot to be delivered to the qualified voter. Any
application for a ballot by authorized messenger must be received by the person in charge of the
election before 3:00 p.m. the day of the election. If the application designating an authorized
messenger also indicates a request for an absentee ballot for any future election, such absentee
ballot shall be mailed to the address provided on the application. If no address is provided, the
ballot shall be mailed to the person's voter registration address.