25.851.10 100th Legislative Session 1220
2025 South Dakota Legislature
House Bill 1220
HOUSE STATE AFFAIRS ENGROSSED
Introduced by: Representative Baxter
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to amend provisions pertaining to the verification of registered voters 1
contained in the master registration file. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That a NEW SECTION be added to chapter 12-4: 4
An individual who is an immediate family member of a registered voter may submit 5
to the auditor of the county in which the voter is registered, an affidavit stating that the 6
voter is deceased. 7
If an immediate family member submits an affidavit pursuant to this section, the 8
statement must include the name of the registered voter, the name of the immediate 9
family member reporting the death, the relationship of the immediate family member to 10
the registered voter, and sufficient information to identify the registered voter in the 11
county master registration file. Upon receipt of the affidavit, the county auditor shall cancel 12
the voter's registration and remove the voter from the county master registration file. 13
Section 2. That § 12-4-19 be AMENDED: 14
12-4-19. Any voter in the active registration file who has failed to vote, has not 15
updated the voter's registration information, and has not replied to a confirmation mailing 16
at least once during the last preceding four consecutive years shall be sent a 17
nonforwardable return-if-undeliverable address verification request 18
The county auditor must send a nonforwardable, return -if-undeliverable address 19
verification request to a voter in the active registration file if: 20
(1) The voter has not, at least once during the last preceding four consecutive years: 21
(a) Voted; 22
(b) Updated the voter's registration information; or 23
(c) Replied to a confirmation mailing; or 24 25.851.10 2 1220
Underscores indicate new language.
Overstrikes indicate deleted language.
(2) The auditor receives an affidavit from one of the following attesting that the 1
registered voter is no longer a resident of the precinct in which the voter is 2
registered: 3
(a) A family member of the voter; 4
(b) The manager of a campground, residential rental unit, or private mail box; 5
(c) The county sheriff; or 6
(d) The clerk of the circuit court. 7
An affidavit provided pursuant to subdivision (2), must provide sufficient 8
information to identify the registered voter in the county master registration file and a 9
statement as to the source and nature of the information upon which the affidavit is 10
submitted. The Board of Elections shall prescribe the form of the affidavit. 11
The auditor shall send the address verification request to a voter who meets the 12
description set forth in subdivision (1) from January first to November fifteenth, inclusive, 13
of each odd-numbered year. If the auditor receives an affidavit, pursuant to subdivision 14
(2), the auditor must send the address verification request within two business days of 15
receiving the affidavit. 16
If the an address verification request is undeliverable then or is not returned to the 17
county auditor within thirty days, a confirmation mailing prescribed by the State Board of 18
Elections shall must be sent. If a county auditor has determined through a national change 19
of address licensee of the United States Postal Service that the address of a voter who is 20
to be sent an address verification request has changed, the confirmation mailing may be 21
omitted. This process shall be performed by each county auditor from January first to 22
November fifteenth, inclusive, of each odd-numbered year. 23
Section 3. That § 12-4-19.2 be AMENDED: 24
12-4-19.2. If the card confirmation mailing sent to a registered voter pursuant to 25
§ 12-4-19, is not returned to the county auditor within the stated time limit provided in 26
§ 12-4-19.1 or is returned as undeliverable, the county auditor shall move the voter to an 27
inactive registration file. 28