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. 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
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 5:00 p.m. on
the day 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.
An Act to revise certain provisions concerning absentee voting.
I certify that the attached Act
originated in the
SENATE as Bill No. 130
Secretary of the Senate
President of the Senate
Secretary of the Senate
Speaker of the House
Senate Bill No. 130
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
Asst. Secretary of State