25.392.24 100th Legislative Session 1062
2025 South Dakota Legislature
House Bill 1062
ENROLLED
AN ACT
ENTITLED An Act to amend provisions pertaining to the maintenance and
publication of the statewide voter registration file.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-4-9 be AMENDED:
12-4-9. The county auditor shall maintain and safeguard a digital master
registration file that contains:
(1) The information from the voter registration card of each individual registered to
vote in the county;
(2) The date of the last election at which the individual has voted;
(3) The date when the individual's voter information was last updated; and
(4) Any application made by an individual to vote by absentee ballot, including:
(a) The mailing address listed on the absentee ballot application form;
(b) The absentee ballot requested on the application;
(c) The date the absentee ballot was requested;
(d) The date that the absentee ballot was returned; and
(e) The method of absentee voting employed by the individual.
The master registration file must be open to public inspection, free of charge. An
individual's social security number, driver license number, South Dakota nondriver
identification number, or month and day of birth is not open to public inspection.
The county auditor shall produce a record of all the information contained in the
master registration file the day before any primary or general election scheduled within
the county by 11:59 p.m. The county auditor shall maintain a rolling five-year archive of
historical information from the master registration file.
The county auditor shall keep a voter registration form for a purged or unregistered
voter twenty-two months. No purged or unregistered voter may be included in the master
registration file. 25.392.24 2 1062
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Section 2. That § 12-4-37 be AMENDED:
12-4-37. The secretary of state shall establish and maintain a computerized
system for maintaining and utilizing the voter registration file.
Each county auditor shall transmit daily any changes to the master registration file
or the absentee voter log to the secretary of state using the computerized system
maintained by the secretary of state. The county auditor shall transmit updated
information contained in the county voter registration system, including voter registration
information and voter election history information, to the secretary of state not later than
July fifteenth after each primary election and December fifteenth after each gen eral
election.
The secretary of state shall post a weekly update to the statewide voter registration
file to the secretary's website. The weekly update to the statewide voter registration file
must be recorded each Monday by 11:59 p.m. and must contain any updates to the
information in the county master registration file, pursuant to § 12-4-9.
Section 3. That a NEW SECTION be added to chapter 12-4:
The secretary of state shall establish and maintain a rolling five-year historical
archive of the complete statewide voter registration file, including the weekly updates
published by the secretary pursuant to this section.
The information contained in the historical archive of the statewide voter
registration file must be made available free of charge.
An individual's social security number, driver license number, South Dakota
nondriver identification number, and month and day of birth contained in the historical
archive of the statewide voter registration file are not open to public inspection.
Section 4. That § 12-4-39 be AMENDED:
12-4-39. The secretary of state shall promulgate rules, pursuant to chapter 1-26,
providing for:
(1) The establishment and maintenance of the statewide voter registration file;
(2) The transmission of the voter registration information from the county auditor to
the secretary of state;
(3) The identification of duplicate voter registration;
(4) The publishing of the information from the statewide voter registration file; and 25.392.24 3 1062
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(5) The establishment of fees for information provided from the statewide voter
registration file not to exceed:
(a) One thousand dollars per paper copy of a list of the registered voters in the
state;
(b) One hundred dollars per paper copy of a list of the registered voters in a
legislative district;
(c) Fifty dollars per paper copy of a list of registered voters in a county or other
political subdivision;
(d) One hundred dollars per paper copy of an updated partial list that contains
only changes made to the list of the registered voters in the state within a
year of the purchase of the complete list;
(e) Seventy-five dollars per paper copy of an updated partial list that contains
only changes made to the list of the registered voters in a legislative district,
county, or other political subdivision, within a year of the purchase of the
complete list; and
(f) Two hundred twenty-five dollars for an electronic data file containing a list
of the registered voters in the state.
Section 5. That § 12-4-41 be AMENDED:
12-4-41. Any information obtained from the statewide voter registration file or
any county voter registration file may not be sold, may not be used for any commercial
purpose, and may not be placed for unrestricted access on the internet.
For the purposes of this section, "commercial purpose" does not include campaign
or political polling activities.
For the purposes of this section, "sold" does not include any fee charged by the
secretary of state for a paper copy of a list of registered voters, as provided in § 12-4-39.
Any violation of this section is a Class 1 misdemeanor. In addition to any criminal
sanctions, the court may impose a civil penalty not to exceed two thousand dollars for
each violation. Any civil penalty collected pursuant to this section must be deposited in
the general fund. 25.392.24 4 1062
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An Act to amend provisions pertaining to the maintenance and publication of the statewide
voter registration file.
I certify that the attached Act originated in
the:
House as Bill No. 1062
Chief Clerk
Speaker of the House
Attest:
Chief Clerk
President of the Senate
Attest:
Secretary of the Senate
House Bill No. 1062
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2025 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2025
Governor
STATE OF SOUTH DAKOTA ,
ss.
Office of the Secretary of State
Filed ____________, 2025
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State