South Dakota 2025 Regular Session

South Dakota House Bill HB1062 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.392.24 100th Legislative Session 1062
	1	+	25.392.23 100th Legislative Session 1062
2	2
3	3
4	4		2025 South Dakota Legislature
5	5		House Bill 1062
6		-	ENROLLED
7		-
8		-	AN ACT
9		-
10		-
11		-	ENTITLED An Act to amend provisions pertaining to the maintenance and
12		-	publication of the statewide voter registration file.
13		-	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
14		-	Section 1. That § 12-4-9 be AMENDED:
15		-	12-4-9. The county auditor shall maintain and safeguard a digital master
16		-	registration file that contains:
17		-	(1) The information from the voter registration card of each individual registered to
18		-	vote in the county;
19		-	(2) The date of the last election at which the individual has voted;
20		-	(3) The date when the individual's voter information was last updated; and
21		-	(4) Any application made by an individual to vote by absentee ballot, including:
22		-	(a) The mailing address listed on the absentee ballot application form;
23		-	(b) The absentee ballot requested on the application;
24		-	(c) The date the absentee ballot was requested;
25		-	(d) The date that the absentee ballot was returned; and
26		-	(e) The method of absentee voting employed by the individual.
27		-	The master registration file must be open to public inspection, free of charge. An
28		-	individual's social security number, driver license number, South Dakota nondriver
29		-	identification number, or month and day of birth is not open to public inspection.
30		-	The county auditor shall produce a record of all the information contained in the
31		-	master registration file the day before any primary or general election scheduled within
32		-	the county by 11:59 p.m. The county auditor shall maintain a rolling five-year archive of
33		-	historical information from the master registration file.
34		-	The county auditor shall keep a voter registration form for a purged or unregistered
35		-	voter twenty-two months. No purged or unregistered voter may be included in the master
36		-	registration file. 25.392.24 2 1062
37		-	HB1062 ENROLLED
38		-	Section 2. That § 12-4-37 be AMENDED:
39		-	12-4-37. The secretary of state shall establish and maintain a computerized
40		-	system for maintaining and utilizing the voter registration file.
41		-	Each county auditor shall transmit daily any changes to the master registration file
42		-	or the absentee voter log to the secretary of state using the computerized system
43		-	maintained by the secretary of state. The county auditor shall transmit updated
44		-	information contained in the county voter registration system, including voter registration
45		-	information and voter election history information, to the secretary of state not later than
46		-	July fifteenth after each primary election and December fifteenth after each gen eral
47		-	election.
48		-	The secretary of state shall post a weekly update to the statewide voter registration
49		-	file to the secretary's website. The weekly update to the statewide voter registration file
50		-	must be recorded each Monday by 11:59 p.m. and must contain any updates to the
51		-	information in the county master registration file, pursuant to § 12-4-9.
52		-	Section 3. That a NEW SECTION be added to chapter 12-4:
53		-	The secretary of state shall establish and maintain a rolling five-year historical
54		-	archive of the complete statewide voter registration file, including the weekly updates
55		-	published by the secretary pursuant to this section.
56		-	The information contained in the historical archive of the statewide voter
57		-	registration file must be made available free of charge.
58		-	An individual's social security number, driver license number, South Dakota
59		-	nondriver identification number, and month and day of birth contained in the historical
60		-	archive of the statewide voter registration file are not open to public inspection.
61		-	Section 4. That § 12-4-39 be AMENDED:
62		-	12-4-39. The secretary of state shall promulgate rules, pursuant to chapter 1-26,
63		-	providing for:
64		-	(1) The establishment and maintenance of the statewide voter registration file;
65		-	(2) The transmission of the voter registration information from the county auditor to
66		-	the secretary of state;
67		-	(3) The identification of duplicate voter registration;
68		-	(4) The publishing of the information from the statewide voter registration file; and 25.392.24 3 1062
69		-	HB1062 ENROLLED
70		-	(5) The establishment of fees for information provided from the statewide voter
71		-	registration file not to exceed:
72		-	(a) One thousand dollars per paper copy of a list of the registered voters in the
73		-	state;
74		-	(b) One hundred dollars per paper copy of a list of the registered voters in a
75		-	legislative district;
76		-	(c) Fifty dollars per paper copy of a list of registered voters in a county or other
77		-	political subdivision;
78		-	(d) One hundred dollars per paper copy of an updated partial list that contains
79		-	only changes made to the list of the registered voters in the state within a
80		-	year of the purchase of the complete list;
81		-	(e) Seventy-five dollars per paper copy of an updated partial list that contains
82		-	only changes made to the list of the registered voters in a legislative district,
83		-	county, or other political subdivision, within a year of the purchase of the
84		-	complete list; and
85		-	(f) Two hundred twenty-five dollars for an electronic data file containing a list
86		-	of the registered voters in the state.
87		-	Section 5. That § 12-4-41 be AMENDED:
88		-	12-4-41. Any information obtained from the statewide voter registration file or
89		-	any county voter registration file may not be sold, may not be used for any commercial
90		-	purpose, and may not be placed for unrestricted access on the internet.
91		-	For the purposes of this section, "commercial purpose" does not include campaign
92		-	or political polling activities.
93		-	For the purposes of this section, "sold" does not include any fee charged by the
94		-	secretary of state for a paper copy of a list of registered voters, as provided in § 12-4-39.
95		-	Any violation of this section is a Class 1 misdemeanor. In addition to any criminal
96		-	sanctions, the court may impose a civil penalty not to exceed two thousand dollars for
97		-	each violation. Any civil penalty collected pursuant to this section must be deposited in
98		-	the general fund. 25.392.24 4 1062
99		-	HB1062 ENROLLED
100		-	An Act to amend provisions pertaining to the maintenance and publication of the statewide
101		-	voter registration file.
102		-
103		-
104		-
105		-
106		-	I certify that the attached Act originated in
107		-	the:
108		-
109		-	House as Bill No. 1062
110		-
111		-
112		-
113		-	Chief Clerk
114		-
115		-
116		-
117		-
118		-	Speaker of the House
119		-
120		-	Attest:
121		-
122		-
123		-
124		-
125		-	Chief Clerk
126		-
127		-
128		-
129		-
130		-	President of the Senate
131		-
132		-	Attest:
	6	+	SENATE ENGROSSED
133	7
134	8
135	9
136	10
137	11
138		-	~~Secretary of the Senate~~
	12	+	Introduced by: Representative Baxter
139	13
140		-
141		-
142		-	House Bill No. 1062
143		-	File No. ____
144		-	Chapter No. ______
145		-
146		-
147		-
148		-	Received at this Executive Office
149		-	this _____ day of _____________,
150		-
151		-	2025 at ____________M.
152		-
153		-
154		-
155		-	By
156		-	for the Governor
157		-
158		-
159		-	The attached Act is hereby
160		-	approved this ________ day of
161		-	______________, A.D., 2025
162		-
163		-
164		-
165		-
166		-
167		-	Governor
168		-
169		-	STATE OF SOUTH DAKOTA ,
170		-	ss.
171		-	Office of the Secretary of State
172		-
173		-
174		-	Filed ____________, 2025
175		-	at _________ o'clock __M.
176		-
177		-
178		-
179		-
180		-
181		-	Secretary of State
182		-
183		-
184		-
185		-	By
186		-	Asst. Secretary of State
187		-
188		-
	14	+	Underscores indicate new language.
	15	+	Overstrikes indicate deleted language.
	16	+	An Act to amend provisions pertaining to the maintenance and publication of the 1
	17	+	statewide voter registration file. 2
	18	+	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
	19	+	Section 1. That § 12-4-9 be AMENDED: 4
	20	+	12-4-9. The county auditor shall maintain and safeguard a file of voters in 5
	21	+	computer format that contains the information of each person registered in each voting 6
	22	+	precinct within the county. This file shall be known as the master registration file and shall 7
	23	+	be, at all times during office hours, open to public inspection. However, public access to 8
	24	+	social security numbers, driver license numbers, and dates of birth contained in the master 9
	25	+	registration file is prohibited. The master registration file shall contain all information from 10
	26	+	each voter's registration card. The master registration file shall also include the date of 11
	27	+	the last election the voter has voted in and when the voter's information was last updated. 12
	28	+	The master registration file may also contain additional voter history information. Any 13
	29	+	digital master registration file that contains: 14
	30	+	(1) The information from the voter registration card of each individual registered to 15
	31	+	vote in the county; 16
	32	+	(2) The date of the last election at which the individual has voted; 17
	33	+	(3) The date when the individual's voter information was last updated; and 18
	34	+	(4) Any application made by an individual to vote by absentee ballot, including: 19
	35	+	(a) The mailing address listed on the absentee ballot application form; 20
	36	+	(b) The absentee ballot requested on the application; 21
	37	+	(c) The date the absentee ballot was requested; 22
	38	+	(d) The date that the absentee ballot was returned; and 23
	39	+	(e) The method of absentee voting employed by the individual. 24 25.392.23 2 1062
	40	+	Underscores indicate new language.
	41	+	Overstrikes indicate deleted language.
	42	+	The master registration file must be open to public inspection, free of charge. An 1
	43	+	individual's social security number, driver license number, South Dakota nondriver 2
	44	+	identification number, or month and day of birth is not open to public inspection. 3
	45	+	The county auditor shall produce a record of all the information contained in the 4
	46	+	master registration file the day before any primary or general election scheduled within 5
	47	+	the county by 11:59 p.m. The county auditor shall maintain a rolling five-year archive of 6
	48	+	historical information from the master registration file. 7
	49	+	The county auditor shall keep a voter registration form for a purged or unregistered 8
	50	+	voter shall be kept for twenty-two months. No purged or unregistered voter may be 9
	51	+	included in the master registration file. 10
	52	+	Section 2. That § 12-4-37 be AMENDED: 11
	53	+	12-4-37. The secretary of state shall establish and maintain a computerized 12
	54	+	system for maintaining and utilizing the voter registration file and transmitting voter 13
	55	+	registration information from each county auditor to the Office of the Secretary of State. 14
	56	+	The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, to develop 15
	57	+	and implement procedures to secure the computerized system used for the voter 16
	58	+	registration file from external threats that could damage the integrity of the voter 17
	59	+	registration system. 18
	60	+	Each county auditor shall transmit daily any changes to the master registration file 19
	61	+	or the absentee voter log to the secretary of state on a daily basis using the computerized 20
	62	+	system maintained by the secretary of state. The county auditor shall transmit updated 21
	63	+	information contained in the county voter registration system, including voter registration 22
	64	+	information and voter election history information, to the Office of the Secretary of State 23
	65	+	secretary of state not later than July fifteenth after each primary election and December 24
	66	+	fifteenth after each general election. 25
	67	+	The secretary of state shall post a weekly update to the statewide voter registration 26
	68	+	file to the secretary's website. The weekly update to the statewide voter registration file 27
	69	+	must be recorded each Monday by 11:59 p.m. and must contain any updates to the 28
	70	+	information in the county master registration file, pursuant to § 12-4-9. 29
	71	+	Section 3. That a NEW SECTION be added to chapter 12-4: 30
	72	+	The secretary of state shall establish and maintain a rolling five-year historical 31
	73	+	archive of the complete statewide voter registration file, including the weekly updates 32
	74	+	published by the secretary pursuant to this section. 33 25.392.23 3 1062
	75	+	Underscores indicate new language.
	76	+	Overstrikes indicate deleted language.
	77	+	The information contained in or the historical archive of the statewide voter 1
	78	+	registration file must be made available free of charge. 2
	79	+	An individual's social security number, driver license number, South Dakota 3
	80	+	nondriver identification number, and month and day of birth contained in the historical 4
	81	+	archive of the statewide voter registration file are not open to public inspection. 5
	82	+	Section 4. That § 12-4-39 be AMENDED: 6
	83	+	12-4-39. The secretary of state may shall promulgate rules, pursuant to chapter 7
	84	+	1-26 concerning, providing for: 8
	85	+	(1) Procedures for the establishingThe establishment and maintenance of the 9
	86	+	statewide voter registration file; 10
	87	+	(2) Transmission ofThe transmission of the voter registration information from the 11
	88	+	county auditor to the Office of the Secretary of State secretary of state; 12
	89	+	(3) Procedures for determiningThe identification of duplicate voter registration; 13
	90	+	(4) Dissemination ofThe publishing of the information from the statewide voter 14
	91	+	registration file; and 15
	92	+	(5) EstablishmentThe establishment of fees for information provided from the 16
	93	+	statewide voter registration file not to exceed: 17
	94	+	(a) One thousand dollars per paper copy of a list of the registered voters in the 18
	95	+	state; 19
	96	+	(b) One hundred dollars per paper copy of a list of the registered voters in a 20
	97	+	legislative district; 21
	98	+	(c) Fifty dollars per paper copy of a list of registered voters in a county or other 22
	99	+	political subdivision; 23
	100	+	(d) One hundred dollars per paper copy of an updated partial list that contains 24
	101	+	only changes made to the list of the registered voters in the state within a 25
	102	+	year of the purchase of the complete list; 26
	103	+	(e) Seventy-five dollars per paper copy of an updated partial list that contains 27
	104	+	only changes made to the list of the registered voters in a legislative district, 28
	105	+	county, or other political subdivision, within a year of the purchase of the 29
	106	+	complete list; and 30
	107	+	(f) Two hundred twenty-five dollars for an electronic data file containing a list 31
	108	+	of the registered voters in the state. 32
	109	+	Section 5. That § 12-4-41 be AMENDED: 33 25.392.23 4 1062
	110	+	Underscores indicate new language.
	111	+	Overstrikes indicate deleted language.
	112	+	12-4-41. Any information obtained from the statewide voter registration file or 1
	113	+	any county voter registration file may not be used or sold only for election purposes, may 2
	114	+	not be used for any commercial purpose, and may not be placed for unrestricted access 3
	115	+	on the internet. 4
	116	+	For the purpose purposes of this section, the term, commercial purpose , 5
	117	+	"commercial purpose" does not include campaign or political polling activities. 6
	118	+	For the purposes of this section, "sold" does not include any fee charged by the 7
	119	+	secretary of state for a paper copy of a list of registered voters, as provided in § 12-4-39. 8
	120	+	Any violation of this section is a Class 1 misdemeanor. In addition to any criminal 9
	121	+	sanctions, the court may impose a civil penalty not to exceed two thousand dollars for 10
	122	+	each violation. Any civil penalty collected pursuant to this section shall must be deposited 11
	123	+	in the general fund. 12