25.638.14 100th Legislative Session 1127
2025 South Dakota Legislature
House Bill 1127
ENROLLED
AN ACT
ENTITLED An Act to require that notice of a county's canvass, post -election audit,
and testing of automatic tabulating equipment be posted to the secretary of
state's website.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-17B-5 be AMENDED:
12-17B-5. Not more than ten days prior to an election, the person in charge of
the election shall conduct a test of the automatic tabulating equipment to ascertain that
the equipment will correctly count the votes cast for all offices and on all measures. The
test must be open to the public. The person in charge of the election shall notify the county
chair of each political party with a candidate on the ballot, any independent candidate or
candidate without party affiliation on the ballot, and the ballot question committees for or
against an initiated or referred measure or initiated constitutional amendment, of the
testing of the automatic tabulating equipment, one week before the test is conducted. The
person in charge of the election shall post notice of the time and place of the test in the
same manner as a public meeting agenda, pursuant to § 1-25-1.1. The person in charge
of the election shall post the notice of the time and place of the test to the secretary of
state's website.
If an errorless count by an automatic tabulating machine is achieved by the test,
the person in charge of the election shall certify the machine. The State Board of Elections
shall promulgate rules, pursuant to chapter 1-26, prescribing the certification of properly
functioning automatic tabulating equipment under this section.
If an error is detected, the cause of the error shall be determined and corrected.
Once the error is corrected, the person in charge of the election shall conduct a new test
of the automatic tabulating equipment. The person in charge of the election may no t
approve the automatic tabulating equipment until an errorless count is made. 25.638.14 2 1127
HB1127 ENROLLED
Any additional testing required to achieve an errorless count must be open to the
public. The person in charge of the election shall post notice of the time and place of an
additional test in the same manner as a public meeting agenda, pursuant to § 1-25-1.1.
The person in charge of the election shall notify the county chair of each political party
with a candidate on the ballot, any independent candidate or candidate without party
affiliation on the ballot, and the ballot question committees for or against an initiated or
referred measure or initiated constitutional amendment of the testing of the automatic
tabulating equipment twenty-four hours prior to the test. The person in charge of the
election shall post the notice of the time and place of the additional test to the secretary
of state's website.
The secretary of state shall provide each county auditor with the contact
information for any independent candidate, candidate without party affiliation appearing
on the ballot, and the ballot question committees for or against an initiated or referred
measure or initiated constitutional amendment in the auditor's county.
Section 2. That § 12-17B-21 be AMENDED:
12-17B-21. A post-election audit conducted pursuant to §§ 12-17B-18 to 12-17B-
25, inclusive, must be open to the public. Members of the public shall keep a reasonable
distance so as to not interfere with the audit process. The county auditor shall post notice
of the time and place of the audit in the same manner as a public meeting agenda pursuant
to § 1-25-1.1 and provide the notice to the county chair of each political party that has a
candidate on the ballot. The person in charge of the election shall post the notice of the
time and place of the audit to the secretary of state's website.
Section 3. That § 12-20-36 be AMENDED:
12-20-36. Within six calendar days after the close of any election, the officer in
charge of the election, with the assistance of a majority of the governing board as the
canvassing board, shall make the canvass of votes. Each member of the governing board
may name and have on file with the officer in charge of the election a person to represent
the member at the official canvass in the event of the member's absence for cause.
The person in charge of the election shall post the time and place of the canvass
to the secretary of state's website. 25.638.14 3 1127
HB1127 ENROLLED
An Act to require that notice of a county's canvass, post -election audit, and testing of
automatic tabulating equipment be posted to the secretary of state's website.
I certify that the attached Act originated in
the:
House as Bill No. 1127
Chief Clerk
Speaker of the House
Attest:
Chief Clerk
President of the Senate
Attest:
Secretary of the Senate
House Bill No. 1127
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