25.719.15 100th Legislative Session 185
2025 South Dakota Legislature
Senate Bill 185
SENATE ENGROSSED
Introduced by: Senator Hulse
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An Act to amend provisions pertaining to the process by which the address 1
qualifications of a registered voter are verified. 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
The secretary of state, a county auditor, or any individual registered as a voter of 5
this state may file an application for the correction of any precinct registration list or to 6
challenge the right to vote of any registered voter not later than the thirtieth day before 7
the day of a primary, runoff, special, or general election. The application for correction 8
filed pursuant to this section may only challenge whether the individual: 9
(1) Is disqualified from voting, pursuant to § 12-4-18; or 10
(2) Is deceased. 11
Section 2. That a NEW SECTION be added to chapter 12-4: 12
An application for the correction of any precinct registration list or to challenge the 13
right to vote of any registered voter may be filed by the secretary of state, the auditor of 14
the county where the challenged voter is registered, or any other individual who is 15
registered as a voter in the same county where the challenged voter is registered, not 16
later than the ninetieth day before the day of a primary, runoff, special, or general 17
election. The application for correction filed pursuant to this section may only challenge 18
whether a voter: 19
(1) Has voted or has registered to vote in another state; or 20
(2) Is a resident of this state, pursuant to § 12-1-4. 21
Section 3. That a NEW SECTION be added to chapter 12-4: 22
To file an application for correction, the individual must sign and file an affidavit 23
attesting that, to the best of the individual's personal knowledge and belief, having 24 25.719.15 2 185
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exercised due diligence to personally verify the evidence presented, the challenged voter 1
is not qualified to vote based on one of the reasons set forth in section 1 or 2 of this Act. 2
The individual must provide the factual basis for filing the application, including the 3
information required by this section, in the signed affidavit. The application may not be 4
based on an unsupported allegation or the allegation of an anonymous third party. The 5
application must be in a form prescribed by the State Board of Elections, and must contain 6
the: 7
(1) Name of the challenged individual; 8
(2) Address of the challenged individual; 9
(3) Name of the individual filing the application; 10
(4) Address, phone number, and email address of the individual filing the application; 11
(5) Date of the affidavit; and 12
(6) Reason for the challenge, pursuant to section 1 or 2 of this Act. 13
The individual who files the application shall include documented evidence related 14
to the challenge as an attachment to the affidavit. The State Board of Elections shall 15
promulgate rules, pursuant to chapter 1-26, establishing the form of the affidavit and the 16
documentation that must be included with the affidavit as evidence of the voter's 17
qualifications. 18
An individual's social security number, driver license number, South Dakota 19
nondriver identification card number, passport number, or contact information, may not 20
be made public as part of a challenge. An individual who intentionally makes public any 21
information that is confidential, pursuant to this section, is guilty of a Class 2 22
misdemeanor. 23
Section 4. That a NEW SECTION be added to chapter 12-4: 24
If a county auditor receives an application for correction, pursuant to section 3 of 25
this Act, and, after researching the voter, determines the affidavit raises a valid challenge, 26
the auditor must send a verification request to the voter named in the application. The 27
verification request must be sent by forwardable mail in compliance with the National 28
Voter Registration Act, 52 U.S.C. §§ 20501 to 20511, inclusive (January 1, 2025). 29
The verification request must be returned to the auditor within thirty days of the 30
postmark date and must include documentation sufficient to demonstrate the voter's 31
qualifications as a registered voter. The voter named in the application may request a 32
hearing before the county auditor to demonstrate the voter's qualifications as a registered 33
voter. 34 25.719.15 3 185
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The county auditor must cancel a voter's registration if the voter: 1
(1) Fails to produce documentation sufficient to demonstrate the voter's qualifications; 2
and 3
(2) Has not voted or appeared to vote in an election during the period between: 4
(a) The date that the verification request was sent; and 5
(b) The day after the first general election following the date of the verification 6
request. 7
The county auditor may not cancel the voter registration of an individual challenged 8
pursuant to section 2 of this Act, within the ninety days immediately prior to the date of 9
an election. 10
The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, 11
establishing the process by which a county auditor must research a registered voter to 12
establish the validity of a challenge. 13
Section 5. That a NEW SECTION be added to chapter 12-4: 14
If a voter's registration is canceled, pursuant to section 4 of this Act, the voter may 15
appeal the auditor's decision to the board of county commissioners or circuit court. Any 16
decision of the board may be appealed to the circuit court. 17
Section 6. That a NEW SECTION be added to chapter 12-4: 18
Records of an application of correction filed pursuant to section 3 must be retained 19
by the county auditor for at least twenty-two months. Thereafter, if the auditor chooses 20
to destroy the records, the records must be destroyed in a secure manner. 21
Section 7. That § 12-4-54 be AMENDED: 22
12-4-54. By March first of each year, the secretary of state shall submit a report 23
to the State Board of Elections providing the number of voters removed from a county's 24
voter registration list from during the previous year due to inactivity, death, felony 25
conviction, mental incompetence, or relocation to another jurisdiction, or as the result of 26
an application for correction, pursuant to section 3 of this Act. 27
The content of the report must be published on the official website of the secretary 28
of state. 29