South Dakota 2025 Regular Session

South Dakota Senate Bill SB185 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.719.16 100th Legislative Session 185
	1	+	25.719.15 100th Legislative Session 185
2	2
3	3
4	4		2025 South Dakota Legislature
5	5		Senate Bill 185
6		-	ENROLLED
7		-
8		-	AN ACT
9		-
10		-
11		-	ENTITLED An Act to amend provisions pertaining to the process by which the
12		-	qualifications of a registered voter are verified.
13		-	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
14		-	Section 1. That a NEW SECTION be added to chapter 12-4:
15		-	The secretary of state, a county auditor, or any individual registered as a voter of
16		-	this state may file an application for the correction of any precinct registration list or to
17		-	challenge the right to vote of any registered voter not later than the thirtieth day before
18		-	the day of a primary, runoff, special, or general election. The application for correction
19		-	filed pursuant to this section may only challenge whether the individual:
20		-	(1) Is disqualified from voting, pursuant to § 12-4-18; or
21		-	(2) Is deceased.
22		-	Section 2. That a NEW SECTION be added to chapter 12-4:
23		-	An application for the correction of any precinct registration list or to challenge the
24		-	right to vote of any registered voter may be filed by the secretary of state, the auditor of
25		-	the county where the challenged voter is registered, or any other individual w ho is
26		-	registered as a voter in the same county where the challenged voter is registered, not
27		-	later than the ninetieth day before the day of a primary, runoff, special, or general
28		-	election. The application for correction filed pursuant to this section may only challenge
29		-	whether a voter:
30		-	(1) Has voted or has registered to vote in another state; or
31		-	(2) Is a resident of this state, pursuant to § 12-1-4.
32		-	Section 3. That a NEW SECTION be added to chapter 12-4:
33		-	To file an application for correction, the individual must sign and file an affidavit
34		-	attesting that, to the best of the individual's personal knowledge and belief, having 25.719.16 2 185
35		-	SB185 ENROLLED
36		-	exercised due diligence to personally verify the evidence presented, the challenged voter
37		-	is not qualified to vote based on one of the reasons set forth in section 1 or 2 of this Act.
38		-	The individual must provide the factual basis for filing the application, including the
39		-	information required by this section, in the signed affidavit. The application may not be
40		-	based on an unsupported allegation or the allegation of an anonymous third par ty. The
41		-	application must be in a form prescribed by the State Board of Elections, and must contain
42		-	the:
43		-	(1) Name of the challenged individual;
44		-	(2) Address of the challenged individual;
45		-	(3) Name of the individual filing the application;
46		-	(4) Address, phone number, and email address of the individual filing the application;
47		-	(5) Date of the affidavit; and
48		-	(6) Reason for the challenge, pursuant to section 1 or 2 of this Act.
49		-	The individual who files the application shall include documented evidence related
50		-	to the challenge as an attachment to the affidavit. The State Board of Elections shall
51		-	promulgate rules, pursuant to chapter 1-26, establishing the form of the affidavit and the
52		-	documentation that must be included with the affidavit as evidence of the voter's
53		-	qualifications.
54		-	An individual's social security number, driver license number, South Dakota
55		-	nondriver identification card number, passport number, or contact information, may not
56		-	be made public as part of a challenge. An individual who intentionally makes public any
57		-	information that is confidential, pursuant to this section, is guilty of a Class 2
58		-	misdemeanor.
59		-	Section 4. That a NEW SECTION be added to chapter 12-4:
60		-	If a county auditor receives an application for correction, pursuant to section 3 of
61		-	this Act, and, after researching the voter, determines the affidavit raises a valid challenge,
62		-	the auditor must send a verification request to the voter named in the application. The
63		-	verification request must be sent by forwardable mail in compliance with the National
64		-	Voter Registration Act, 52 U.S.C. §§ 20501 to 20511, inclusive (January 1, 2025).
65		-	The verification request must be returned to the auditor within thirty days of the
66		-	postmark date and must include documentation sufficient to demonstrate the voter's
67		-	qualifications as a registered voter. The voter named in the application may request a
68		-	hearing before the county auditor to demonstrate the voter's qualifications as a registered
69		-	voter. 25.719.16 3 185
70		-	SB185 ENROLLED
71		-	The county auditor must cancel a voter's registration if the voter:
72		-	(1) Fails to produce documentation sufficient to demonstrate the voter's qualifications;
73		-	and
74		-	(2) Has not voted or appeared to vote in an election during the period between:
75		-	(a) The date that the verification request was sent; and
76		-	(b) The day after the first general election following the date of the verification
77		-	request.
78		-	The county auditor may not cancel the voter registration of an individual challenged
79		-	pursuant to section 2 of this Act, within the ninety days immediately prior to the date of
80		-	an election.
81		-	The State Board of Elections shall promulgate rules, pursuant to chapter 1-26,
82		-	establishing the process by which a county auditor must research a registered voter to
83		-	establish the validity of a challenge.
84		-	Section 5. That a NEW SECTION be added to chapter 12-4:
85		-	If a voter's registration is canceled, pursuant to section 4 of this Act, the voter may
86		-	appeal the auditor's decision to the board of county commissioners or circuit court. Any
87		-	decision of the board may be appealed to the circuit court.
88		-	Section 6. That a NEW SECTION be added to chapter 12-4:
89		-	Records of an application of correction filed pursuant to section 3 must be retained
90		-	by the county auditor for at least twenty-two months. Thereafter, if the auditor chooses
91		-	to destroy the records, the records must be destroyed in a secure manner.
92		-	Section 7. That § 12-4-54 be AMENDED:
93		-	12-4-54. By March first of each year, the secretary of state shall submit a report
94		-	to the State Board of Elections providing the number of voters removed from a county's
95		-	voter registration list during the previous year due to inactivity, death, felony conviction,
96		-	mental incompetence, relocation to another jurisdiction, or as the result of an application
97		-	for correction, pursuant to section 3 of this Act.
98		-	The content of the report must be published on the official website of the secretary
99		-	of state. 25.719.16 4 185
100		-	SB185 ENROLLED
101		-	An Act to amend provisions pertaining to the process by which the qualifications of a
102		-	registered voter are verified.
103		-
104		-
105		-
106		-
107		-	I certify that the attached Act originated in
108		-	the:
109		-
110		-	Senate as Bill No. 185
111		-
112		-
113		-
114		-	Secretary of the Senate
115		-
116		-
117		-
118		-
119		-	President of the Senate
120		-
121		-	Attest:
122		-
123		-
124		-
125		-
126		-	Secretary of the Senate
127		-
128		-
129		-
130		-
131		-	Speaker of the House
132		-
133		-	Attest:
	6	+	SENATE ENGROSSED
134	7
135	8
136	9
137	10
138	11
139		-	~~Chief Clerk~~
	12	+	Introduced by: Senator Hulse
140	13
141		-
142		-
143		-	Senate Bill No. 185
144		-	File No. ____
145		-	Chapter No. ______
146		-
147		-
148		-
149		-	Received at this Executive Office
150		-	this _____ day of _____________,
151		-
152		-	2025 at ____________M.
153		-
154		-
155		-
156		-	By
157		-	for the Governor
158		-
159		-
160		-	The attached Act is hereby
161		-	approved this ________ day of
162		-	______________, A.D., 2025
163		-
164		-
165		-
166		-
167		-
168		-	Governor
169		-
170		-	STATE OF SOUTH DAKOTA ,
171		-	ss.
172		-	Office of the Secretary of State
173		-
174		-
175		-	Filed ____________, 2025
176		-	at _________ o'clock __M.
177		-
178		-
179		-
180		-
181		-
182		-	Secretary of State
183		-
184		-
185		-
186		-	By
187		-	Asst. Secretary of State
188		-
189		-
	14	+	Underscores indicate new language.
	15	+	Overstrikes indicate deleted language.
	16	+	An Act to amend provisions pertaining to the process by which the address 1
	17	+	qualifications of a registered voter are verified. 2
	18	+	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
	19	+	Section 1. That a NEW SECTION be added to chapter 12-4: 4
	20	+	The secretary of state, a county auditor, or any individual registered as a voter of 5
	21	+	this state may file an application for the correction of any precinct registration list or to 6
	22	+	challenge the right to vote of any registered voter not later than the thirtieth day before 7
	23	+	the day of a primary, runoff, special, or general election. The application for correction 8
	24	+	filed pursuant to this section may only challenge whether the individual: 9
	25	+	(1) Is disqualified from voting, pursuant to § 12-4-18; or 10
	26	+	(2) Is deceased. 11
	27	+	Section 2. That a NEW SECTION be added to chapter 12-4: 12
	28	+	An application for the correction of any precinct registration list or to challenge the 13
	29	+	right to vote of any registered voter may be filed by the secretary of state, the auditor of 14
	30	+	the county where the challenged voter is registered, or any other individual who is 15
	31	+	registered as a voter in the same county where the challenged voter is registered, not 16
	32	+	later than the ninetieth day before the day of a primary, runoff, special, or general 17
	33	+	election. The application for correction filed pursuant to this section may only challenge 18
	34	+	whether a voter: 19
	35	+	(1) Has voted or has registered to vote in another state; or 20
	36	+	(2) Is a resident of this state, pursuant to § 12-1-4. 21
	37	+	Section 3. That a NEW SECTION be added to chapter 12-4: 22
	38	+	To file an application for correction, the individual must sign and file an affidavit 23
	39	+	attesting that, to the best of the individual's personal knowledge and belief, having 24 25.719.15 2 185
	40	+	Underscores indicate new language.
	41	+	Overstrikes indicate deleted language.
	42	+	exercised due diligence to personally verify the evidence presented, the challenged voter 1
	43	+	is not qualified to vote based on one of the reasons set forth in section 1 or 2 of this Act. 2
	44	+	The individual must provide the factual basis for filing the application, including the 3
	45	+	information required by this section, in the signed affidavit. The application may not be 4
	46	+	based on an unsupported allegation or the allegation of an anonymous third party. The 5
	47	+	application must be in a form prescribed by the State Board of Elections, and must contain 6
	48	+	the: 7
	49	+	(1) Name of the challenged individual; 8
	50	+	(2) Address of the challenged individual; 9
	51	+	(3) Name of the individual filing the application; 10
	52	+	(4) Address, phone number, and email address of the individual filing the application; 11
	53	+	(5) Date of the affidavit; and 12
	54	+	(6) Reason for the challenge, pursuant to section 1 or 2 of this Act. 13
	55	+	The individual who files the application shall include documented evidence related 14
	56	+	to the challenge as an attachment to the affidavit. The State Board of Elections shall 15
	57	+	promulgate rules, pursuant to chapter 1-26, establishing the form of the affidavit and the 16
	58	+	documentation that must be included with the affidavit as evidence of the voter's 17
	59	+	qualifications. 18
	60	+	An individual's social security number, driver license number, South Dakota 19
	61	+	nondriver identification card number, passport number, or contact information, may not 20
	62	+	be made public as part of a challenge. An individual who intentionally makes public any 21
	63	+	information that is confidential, pursuant to this section, is guilty of a Class 2 22
	64	+	misdemeanor. 23
	65	+	Section 4. That a NEW SECTION be added to chapter 12-4: 24
	66	+	If a county auditor receives an application for correction, pursuant to section 3 of 25
	67	+	this Act, and, after researching the voter, determines the affidavit raises a valid challenge, 26
	68	+	the auditor must send a verification request to the voter named in the application. The 27
	69	+	verification request must be sent by forwardable mail in compliance with the National 28
	70	+	Voter Registration Act, 52 U.S.C. §§ 20501 to 20511, inclusive (January 1, 2025). 29
	71	+	The verification request must be returned to the auditor within thirty days of the 30
	72	+	postmark date and must include documentation sufficient to demonstrate the voter's 31
	73	+	qualifications as a registered voter. The voter named in the application may request a 32
	74	+	hearing before the county auditor to demonstrate the voter's qualifications as a registered 33
	75	+	voter. 34 25.719.15 3 185
	76	+	Underscores indicate new language.
	77	+	Overstrikes indicate deleted language.
	78	+	The county auditor must cancel a voter's registration if the voter: 1
	79	+	(1) Fails to produce documentation sufficient to demonstrate the voter's qualifications; 2
	80	+	and 3
	81	+	(2) Has not voted or appeared to vote in an election during the period between: 4
	82	+	(a) The date that the verification request was sent; and 5
	83	+	(b) The day after the first general election following the date of the verification 6
	84	+	request. 7
	85	+	The county auditor may not cancel the voter registration of an individual challenged 8
	86	+	pursuant to section 2 of this Act, within the ninety days immediately prior to the date of 9
	87	+	an election. 10
	88	+	The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, 11
	89	+	establishing the process by which a county auditor must research a registered voter to 12
	90	+	establish the validity of a challenge. 13
	91	+	Section 5. That a NEW SECTION be added to chapter 12-4: 14
	92	+	If a voter's registration is canceled, pursuant to section 4 of this Act, the voter may 15
	93	+	appeal the auditor's decision to the board of county commissioners or circuit court. Any 16
	94	+	decision of the board may be appealed to the circuit court. 17
	95	+	Section 6. That a NEW SECTION be added to chapter 12-4: 18
	96	+	Records of an application of correction filed pursuant to section 3 must be retained 19
	97	+	by the county auditor for at least twenty-two months. Thereafter, if the auditor chooses 20
	98	+	to destroy the records, the records must be destroyed in a secure manner. 21
	99	+	Section 7. That § 12-4-54 be AMENDED: 22
	100	+	12-4-54. By March first of each year, the secretary of state shall submit a report 23
	101	+	to the State Board of Elections providing the number of voters removed from a county's 24
	102	+	voter registration list from during the previous year due to inactivity, death, felony 25
	103	+	conviction, mental incompetence, or relocation to another jurisdiction, or as the result of 26
	104	+	an application for correction, pursuant to section 3 of this Act. 27
	105	+	The content of the report must be published on the official website of the secretary 28
	106	+	of state. 29