South Dakota 2025 Regular Session

South Dakota House Bill HB1220 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.851.10 100th Legislative Session 1220
	1	+	25.851.9 100th Legislative Session 1220
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4	4		2025 South Dakota Legislature
5	5		House Bill 1220
6		-	~~HOUSE STATE AFFAIRS ENGROSSED~~
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10	10
11	11
12	12		Introduced by: Representative Baxter
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14	14		Underscores indicate new language.
15	15		Overstrikes indicate deleted language.
16	16		An Act to amend provisions pertaining to the verification of registered voters 1
17	17		contained in the master registration file. 2
18	18		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
19	19		Section 1. That a NEW SECTION be added to chapter 12-4: 4
20		-	An individual who is ~~an immediate~~ family member of a registered voter may submit 5
21		-	~~to the~~ auditor of the county in which the voter is registered, an affidavit stating that the 6
22		-	~~voter is~~ deceased. 7
23		-	If ~~an immediate~~ family member submits an affidavit pursuant to this section, the 8
24		-	~~statement~~ must include the name of the registered voter, the name of the ~~immediate~~ 9
25		-	~~family member reporting~~ the death, the relationship of the ~~immediate~~ family member to 10
26		-	~~the registered voter, and sufficient~~ information to identify the registered voter in the 11
27		-	~~county master registration file. Upon~~ receipt of the affidavit, the county auditor shall cancel 12
28		-	~~the voter's registration and remove~~ the voter from the county master registration file. 13
	20	+	An individual who is a family member of a registered voter may submit to the 5
	21	+	auditor of the county in which the voter is registered, an affidavit stating that the voter is 6
	22	+	deceased. 7
	23	+	If a family member submits an affidavit pursuant to this section, the statement 8
	24	+	must include the name of the registered voter, the name of the family member reporting 9
	25	+	the death, the relationship of the family member to the registered voter, and sufficient 10
	26	+	information to identify the registered voter in the county master registration file. Upon 11
	27	+	receipt of the affidavit, the county auditor shall cancel the voter's registration and remove 12
	28	+	the voter from the county master registration file. 13
29	29		Section 2. That § 12-4-19 be AMENDED: 14
30	30		12-4-19. Any voter in the active registration file who has failed to vote, has not 15
31	31		updated the voter's registration information, and has not replied to a confirmation mailing 16
32	32		at least once during the last preceding four consecutive years shall be sent a 17
33	33		nonforwardable return-if-undeliverable address verification request 18
34	34		The county auditor must send a nonforwardable, return -if-undeliverable address 19
35	35		verification request to a voter in the active registration file if: 20
36	36		(1) The voter has not, at least once during the last preceding four consecutive years: 21
37	37		(a) Voted; 22
38	38		(b) Updated the voter's registration information; or 23
39		-	(c) Replied to a confirmation mailing; or 24 25.851.10 2 1220
	39	+	(c) Replied to a confirmation mailing; or 24 25.851.9 2 1220
40	40		Underscores indicate new language.
41	41		Overstrikes indicate deleted language.
42	42		(2) The auditor receives an affidavit from one of the following attesting that the 1
43	43		registered voter is no longer a resident of the precinct in which the voter is 2
44	44		registered: 3
45	45		(a) A family member of the voter; 4
46		-	(b) The manager of a campground, residential rental unit, or private mail box; 5
47		-	(c) The county sheriff; or 6
48		-	(d) The clerk of the circuit court. 7
49		-	An affidavit provided pursuant to subdivision (2), must provide sufficient 8
50		-	information to identify the registered voter in the county master registration file and a 9
51		-	statement as to the source and nature of the information upon which the affidavit is 10
52		-	submitted. The Board of Elections shall prescribe the form of the affidavit. 11
53		-	The auditor shall send the address verification request to a voter who meets the 12
54		-	description set forth in subdivision (1) from January first to November fifteenth, inclusive, 13
55		-	of each odd-numbered year. If the auditor receives an affidavit, pursuant to subdivision 14
56		-	(2), the auditor must send the address verification request within two business days of 15
57		-	receiving the affidavit. 16
58		-	If the an address verification request is undeliverable then or is not returned to the 17
59		-	county auditor within thirty days, a confirmation mailing prescribed by the State Board of 18
60		-	Elections shall must be sent. If a county auditor has determined through a national change 19
61		-	of address licensee of the United States Postal Service that the address of a voter who is 20
62		-	to be sent an address verification request has changed, the confirmation mailing may be 21
63		-	omitted. This process shall be performed by each county auditor from January first to 22
64		-	November fifteenth, inclusive, of each odd-numbered year. 23
65		-	Section 3. That § 12-4-19.2 be AMENDED: 24
66		-	12-4-19.2. If the card confirmation mailing sent to a registered voter pursuant to 25
67		-	§ 12-4-19, is not returned to the county auditor within the stated time limit provided in 26
68		-	§ 12-4-19.1 or is returned as undeliverable, the county auditor shall move the voter to an 27
69		-	inactive registration file. 28
	46	+	(b) The rental manager of a campground, residential rental unit, or private mail 5
	47	+	box; 6
	48	+	(c) The county sheriff; or 7
	49	+	(d) The clerk of the circuit court. 8
	50	+	An affidavit provided pursuant to subdivision (2), must provide sufficient 9
	51	+	information to identify the registered voter in the county master registration file and a 10
	52	+	statement as to the source and nature of the information upon which the affidavit is 11
	53	+	submitted. The Board of Elections shall prescribe the form of the affidavit. 12
	54	+	The auditor shall send the address verification request to a voter who meets the 13
	55	+	description set forth in subdivision (1) from January first to November fifteenth, inclusive, 14
	56	+	of each odd-numbered year. If the auditor receives an affidavit, pursuant to subdivision 15
	57	+	(2), the auditor must send the address verification request within two days of receiving 16
	58	+	the affidavit. 17
	59	+	If the an address verification request is undeliverable then or is not returned to the 18
	60	+	county auditor within thirty days, a confirmation mailing prescribed by the State Board of 19
	61	+	Elections shall must be sent. If a county auditor has determined through a national change 20
	62	+	of address licensee of the United States Postal Service that the address of a voter who is 21
	63	+	to be sent an address verification request has changed, the confirmation mailing may be 22
	64	+	omitted. This process shall be performed by each county auditor from January first to 23
	65	+	November fifteenth, inclusive, of each odd-numbered year. 24
	66	+	Section 3. That § 12-4-19.2 be AMENDED: 25
	67	+	12-4-19.2. If the card confirmation mailing sent to a registered voter pursuant to 26
	68	+	§ 12-4-19, is not returned to the county auditor within the stated time limit provided in § 27
	69	+	12-4-19.1 or is returned as undeliverable, the county auditor shall move the voter to an 28
	70	+	inactive registration file. 29