Election administration in South Dakota
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Election administration encompasses a state's voting policies, procedures, and enforcement. These include voter identification requirements, early and absentee/mail-in voting provisions, voter list maintenance methods, and more. Each state's voting policies dictate who can vote and under what conditions.
Below, you will find details on the following election administration topics in South Dakota:
Poll times
- See also: State poll opening and closing times
In South Dakota, all polls are open from 7 a.m. to 7 p.m. If the polls close while you are still in line, you will be permitted to vote. South Dakota is divided between Central and Mountain time zones.[2]
Voter registration
- Check your voter registration status here.
To register to vote in South Dakota, an applicant must be a citizen of the United States, a resident of South Dakota, and at least 18 years old by the day of the next election.[3]
The deadline to register to vote is 15 days before the next election. To register, an applicant may submit a voter registration form to the county auditor. Prospective voters can also register in person at the county auditor's office, driver's license stations, certain public assistance agencies, or military recruitment offices.[3]
Automatic registration
South Dakota does not practice automatic voter registration.[4]
Online registration
- See also: Online voter registration
South Dakota does not permit online voter registration.
Same-day registration
South Dakota does not allow same-day voter registration.[4]
Residency requirements
To register to vote in South Dakota, you must be a resident of the state.[3]
Verification of citizenship
South Dakota does not require proof of citizenship for voter registration.
Verifying your registration
The South Dakota Secretary of State’s office allows residents to check their voter registration status online by visiting this website.
Early and absentee/mail-in voting policy
Early voting
- See also: Early voting
South Dakota permits early voting. Learn more by visiting this website.
Early voting permits citizens to cast ballots in person at a polling place prior to an election. In states that permit no-excuse early voting, a voter does not have to provide an excuse for being unable to vote on Election Day. States that allow voters to cast no-excuse absentee/mail-in ballots in person are counted as no-excuse early voting states.
As of February 2024, 47 states and the District of Columbia permitted no-excuse early voting.
Absentee/mail-in voting
- See also: Absentee/mail-in voting
All voters are eligible to vote absentee in South Dakota. There are no special eligibility requirements for voting absentee.[5][6]
To vote absentee, an absentee ballot application must be received by county election officials no later than 5 p.m. the day before the election. A completed absentee ballot must then be received by election officials by the close of polls on Election Day.[7]
Returning absentee/mail-in ballots
Voters in South Dakota can return their absentee ballots by mail or in person, or by designating someone to deliver it for them. Ballots should be returned to the person in charge of the election, generally a county election official.[8] An absentee ballot delivered to a polling place after the polls have closed will not be opened or counted.[9] Voters who are confined due to sickness or disability can apply for an authorized messenger to obtain and return their ballot for them.[10]
Signature requirements and cure provisions
Absentee ballots in South Dakota include a return envelope with a statement printed on the outside. A voter must seal his or her ballot inside the envelope and sign it.[8] The election board compares the signature on the absentee ballot envelope to the signature on the voter’s absentee ballot application. If the statement is not signed or the board determines that the application and the ballot statement were not signed by the same person, the ballot will not be counted. South Dakota does not have a cure provision, or a law allowing voters to correct a problem with the signature on their absentee ballot.[11]
Was your absentee/mail-in ballot counted?
Voters can use the Voter Information Portal provided by the South Dakota Secretary of State to check the status of their absentee ballot or application.
Voter identification requirements
- See also: Voter ID in South Dakota
- See also: Voter identification laws by state
South Dakota requires voters to present photo identification while voting.[12]
Voters can present the following forms of identification:
- South Dakota driver's license or nondriver ID card
- U.S. government photo ID
- U.S. passport
- U.S. Armed Forces ID
- Current student photo identification card from a South Dakota high school or South Dakota accredited institution of higher education
- Tribal photo ID
If a voter does not have a photo ID, he or she can sign a personal identification affidavit. The voter will then be given a regular ballot.[12]
As of April 2024, 35 states required voters to present identification in order to vote at the polls on Election Day. Of these states, 24 required voters to present identification containing a photograph, and 11 accepted other forms of identification. The remaining 16 states did not require voters to present identification in order to vote at the polls on Election Day.
Valid forms of identification differ by state. In certain states that require voters to provide identification, there may be exceptions that allow some voters to cast a ballot without providing an ID. To see more about these exceptions, see details by state. Commonly accepted forms of ID include driver's licenses, state-issued identification cards, and military identification cards.
Provisional ballot rules
Voters in South Dakota are given provisional ballots, or ballots requiring additional steps or information before they can be counted, under the following circumstances:[13][14]
(1) If the voter’s name does not appear on the voter roster and the voter is "not eligible to vote a regular ballot by using an emergency voting card," the voter has the right to cast a provisional ballot.
(2) If the voter’s identity cannot be proven, the voter has the right to cast a provisional ballot.
(3) If the voter’s eligibility to vote is challenged, the voter has the right to cast a provisional ballot.
Was your provisional ballot counted?
A provisional ballot is rejected if the voter is not registered to vote.[13]
Local election officials
Do you need information about elections in your area? Are you looking for your local election official? Click here to visit the U.S. Vote Foundation and use their election official lookup tool. |
Primary election type
- See also: Primary elections in South Dakota
A primary election is an election in which registered voters select a candidate that they believe should be a political party's candidate for elected office to run in the general election. They are also used to choose convention delegates and party leaders. Primaries are state-level and local-level elections that take place prior to a general election. In South Dakota, the Democratic Party conducts a semi-closed primary, in which both registered party members and unaffiliated voters may participate. The Republican Party limits participation in its primary to registered party members.[15][16][17][18]
For information about which offices are nominated via primary election, see this article.
Time off work for voting
In South Dakota, if employees do not have two consecutive hours while off work to vote, employers must allow for two hours of paid time off. Failure to provide time off constitutes a misdemeanor:
" | Time allowed employees from work to vote--Penalty and pay deduction prohibited--Violation as misdemeanor. Any person entitled to vote at any election held within this state, including a primary election, shall, on the day of such election, be entitled to absent himself from any service or employment in which he is then engaged or employed for a period of two consecutive hours between the time of opening and the time of closing the polls; provided such person does not have a period of two consecutive hours during the time the polls are open during which he is not required to be present at his work or place of employment. Such voter is not, because of so absenting himself, liable to any penalty, nor may any deduction be made on account of such absence from his usual salary or wages. The employer may specify the hours during which such employee may absent himself as aforesaid.
An employer who refuses an employee the privilege conferred by this section or who subjects an employee to a penalty or reduction of wages because of the exercise of such privilege or who directly or indirectly violates this section is guilty of a Class 2 misdemeanor.[19][20] |
” |
As of 2020, 28 states had laws requiring employers to provide time off for voting under certain conditions.
Voting rules for people convicted of a felony
According to the South Dakota Secretary of State's office, "a person currently serving a felony conviction in either federal or state court shall be removed from the voter registration records. A person so disqualified becomes eligible to register to vote upon completion of his or her sentence. A person who receives a suspended imposition of sentence does not lose the right to vote."[21]
Voting rights for people convicted of a felony vary from state to state. In the majority of states, people convicted of a felony cannot vote while they are incarcerated but may regain the right to vote upon release from prison or at some point thereafter.[4]
Voter list maintenance
All states have rules under which they maintain voter rolls—or, check and remove certain names from their lists of registered voters. Most states are subject to the parameters set by The National Voter Registration Act (NVRA).[22] The NVRA requires states to make efforts to remove deceased individuals and individuals who have become ineligible due to a change of address. It prohibits removing registrants from voter lists within 90 days of a federal election due to change of address unless a registrant has requested to be removed, or from removing people from voter lists solely because they have not voted. The NVRA says that states may remove names from their registration lists under certain other circumstances and that their methods for removing names must be uniform and nondiscriminatory.[23]
When names can be removed from the voter list
South Dakota law authorizes election officials to remove the names of voters from the registered voting list if an individual:[24]
- confirms in writing that they have moved outside of their voting jurisdiction
- dies
- is declared mentally incompetent
- is incarcerated for a felony conviction
- remains on the inactive voter list through two consecutive general elections.
Inactive voter list rules
In odd-numbered years, South Dakota law requires local election officials to contact registered voters who have not voted in the past four years, asking them to update their registration status or confirm their address. If the notice is not returned or is returned as undeliverable, the voter is to be listed as inactive. If the voter remains in inactive status through two consecutive general elections, their registration is to be canceled.[25]
The Electronic Registration Information Center (ERIC)
According to its website, ERIC is a nonprofit corporation that is governed by a board of member-states. These member states submit voter registration and motor vehicle registration information to ERIC. ERIC uses this information, as well as Social Security death records and other sources, to provide member states with reports showing voters who have moved within their state, moved out of their state, died, have duplicate registrations in their state, or are potentially eligible to vote but are not yet registered. ERIC's website describes its funding as follows: "Members fund ERIC. New members pay a one-time membership fee of $25,000, which is reserved for technology upgrades and other unanticipated expenses. Members also pay annual dues. Annual dues cover operating costs and are based, in part, on the citizen voting age population in each state."[26]
By 2022, 33 states and the District of Columbia had joined ERIC. As of May 2024, 24 states and the District of Columbia were members in the ERIC program.[27]
As of August 2023, South Dakota was not participating in the ERIC program.
Post-election auditing
South Dakota state law does not require post-election audits.[28]
Post-election audits check that election results tallied by a state's voting system match results from paper records, such as paper ballots filled out by voters or the paper records produced by electronic voting machines. Post-election audits are classified into two categories: audits of election results—which include traditional post-election audits as well as risk-limiting audits—and procedural audits.[29][30]
Typically, traditional post-election audits are done by recounting a portion of ballots, either electronically or by hand, and comparing the results to those produced by the state's voting system. In contrast, risk-limiting audits use statistical methods to compare a random sample of votes cast to election results instead of reviewing every ballot. The scope of procedural audits varies by state, but they typically include a systematic review of voting equipment, performance of the voting system, vote totals, duties of election officials and workers, ballot chain of custody, and more.
As of July 2024, 41 states and the District of Columbia required some form of post-election audit. Of these, 36 states and the District of Columbia required traditional post-election audits, three states required risk-limiting post-election audits, and two states required procedural post-election audits.[31]
Election policy ballot measures
Ballotpedia has tracked the following ballot measures relating to election and campaign policy in South Dakota.
- South Dakota Coffey Primary Election Law (1914)
- South Dakota Richard's Primary Election Law, Measure 1 (1912)
- South Dakota Richard's Primary Law (1916)
- South Dakota Change the Voting Age, Amendment B (1994)
- South Dakota Richard's Primary Law (1918)
- South Dakota Primary Election Law (1920)
- South Dakota Nonpolitical Judicial Elections (1924)
- South Dakota Primary Elections Law (1924)
- South Dakota Superintendents of Schools Elections (1936)
- South Dakota Voting Residence (1958)
- South Dakota Residency Requirements, Amendment A (1970)
- South Dakota Voting Age, Amendment F (1970)
- South Dakota Presidential Elections, Amendment G (1970)
- South Dakota Voting Age, Amendment A (1972)
- South Dakota Right of Suffrage, Amendment B (1974)
- South Dakota Limits on Lobbying, Initiative 10 (2008)
- South Dakota Independent Candidates Election Law Referendum, Referred Law 19 (2016)
- South Dakota Initiated Measure 24, Ban Out-of-State Contributions to Ballot Question Committees Initiative (2018)
- South Dakota Constitutional Amendment W, State Campaign Finance and Lobbying Laws, Government Accountability Board, and Initiative Process Amendment (2018)
- South Dakota Constitutional Amendment H, Top-Two Primary Elections Initiative (2024)
The table below lists bills related to election administration that have been introduced during (or carried over to) the current legislative session in South Dakota. The following information is included for each bill:
- State
- Bill number
- Official name or caption
- Most recent action date
- Legislative status
- Topics dealt with by the bill
Bills are organized alphabetically, first by state and then by bill number. The table displays up to 100 results by default. To view additional results, use the arrows in the upper-right corner of the table. For more information about a particular bill, click the bill number. This will open a separate page with additional information.
Ballotpedia's Election Administration Legislation Tracker
State election laws are changing. Keeping track of the latest developments in all 50 states can seem like an impossible job.
Here's the solution: Ballotpedia's Election Administration Legislation Tracker.
Ballotpedia's Election Administration Tracker sets the industry standard for ease of use, flexibility, and raw power. But that's just the beginning of what it can do:
- Ballotpedia's election experts provide daily updates on bills and other relevant political developments
- We translate complex bill text into easy-to-understand summaries written in everyday language
- And because it's from Ballotpedia, our Tracker is guaranteed to be neutral, unbiased, and nonpartisan
The Ballot Bulletin
The Ballot Bulletin is a weekly email that delivers the latest updates on election policy. The Ballot Bulletin tracks developments in election policy around the country, including legislative activity, big-picture trends, and recent news. Each email contains in-depth data from our Election Administration Legislation Tracker. You'll also be able to track relevant legislation, with links to and summaries of the bills themselves.
Click here to view recent issues and subscribe.
Ballot access
In order to get on the ballot in South Dakota, a candidate for state or federal office must meet a variety of state-specific filing requirements and deadlines. These regulations, known as ballot access laws, determine whether a candidate or party will appear on an election ballot. These laws are set at the state level. A candidate must prepare to meet ballot access requirements well in advance of primaries, caucuses, and the general election.
There are three basic methods by which an individual may become a candidate for office in a state.
- An individual can seek the nomination of a state-recognized political party.
- An individual can run as an independent. Independent candidates often must petition in order to have their names printed on the general election ballot.
- An individual can run as a write-in candidate.
This article outlines the steps that prospective candidates for state-level and congressional office must take in order to run for office in South Dakota. For information about filing requirements for presidential candidates, see "Ballot access requirements for presidential candidates in South Dakota." Information about filing requirements for local-level offices is not available in this article (contact state election agencies for information about local candidate filing processes).
Redistricting
- See also: Redistricting in South Dakota
Redistricting is the process by which new congressional and state legislative district boundaries are drawn. South Dakota's one United States Representative and 105 state legislators are elected from political divisions called districts. United States Senators are not elected by districts, but by the states at large. District lines are redrawn every 10 years following completion of the United States census. The federal government stipulates that districts must have nearly equal populations and must not discriminate on the basis of race or ethnicity.[32][33][34][35]
South Dakota was apportioned 1 seat in the U.S. House of Representatives after the 2020 census, the same number it received after the 2010 census. Click here for more information about redistricting in South Dakota after the 2020 census.
State process
- See also: State-by-state redistricting procedures
South Dakota is home to a single at-large congressional district; as such, congressional redistricting is not necessary. State legislative districts are drawn by the state legislature. A simple majority vote in each chamber is required to pass a redistricting plan, which is subject to veto by the governor.[36]
The South Dakota Constitution mandates that state legislative districts be contiguous and compact. State statutes "ask that districts protect communities of interest and respect geographical and political boundaries." Because these latter requirements are statutory, they can be modified by the state legislature at its discretion.[36]
Election administration agencies
Election agencies
- See also: State election agencies
Individuals seeking additional information about voting provisions in South Dakota can contact the following local, state, and federal agencies.
South Dakota County Auditors
South Dakota Secretary of State
- Capitol Building
- 500 East Capitol Avenue, Suite 204
- Pierre, South Dakota 57501-5070
- Phone: 605-773-3537
- Fax: 605-773-6580
- Email: [email protected]
- Website: https://sdsos.gov/elections-voting/default.aspx
U.S. Election Assistance Commission
- 633 3rd Street NW, Suite 200
- Washington, DC 20001
- Phone: 301-563-3919
- Toll free: 1-866-747-1471
- Email: [email protected]
- Website: https://www.eac.gov
Ballotpedia's election coverage
- United States Senate Democratic Party primaries, 2024
- United States House Democratic Party primaries, 2024
- Democratic Party gubernatorial primaries, 2024
- Democratic Party Secretary of State primaries, 2024
- Democratic Party Attorney General primaries, 2024
- State legislative Democratic primaries, 2024
- United States Senate Republican Party primaries, 2024
- United States House Republican Party primaries, 2024
- Republican Party gubernatorial primaries, 2024
- Republican Party Secretary of State primaries, 2024
- Republican Party Attorney General primaries, 2024
- State legislative Republican primaries, 2024
See also
- 2024 election dates and deadlines
- Voting in South Dakota
- Ballot access requirements for political candidates in South Dakota
- Redistricting in South Dakota
Elections in South Dakota
- South Dakota elections, 2024
- South Dakota elections, 2023
- South Dakota elections, 2022
- South Dakota elections, 2021
- South Dakota elections, 2020
- South Dakota elections, 2019
- South Dakota elections, 2018
- South Dakota elections, 2017
- South Dakota elections, 2016
- South Dakota elections, 2015
- South Dakota elections, 2014
External links
Footnotes
- ↑ We use the term "absentee/mail-in voting" to describe systems in which requests or applications are required. We use the term "all-mail voting" to denote systems where the ballots themselves are sent automatically to all voters. We use the hyphenate term for absentee voting because some states use “mail voting” (or a similar alternative) to describe what has traditionally been called "absentee voting."
- ↑ South Dakota Secretary of State, “General Voting Information,” accessed July 23, 2024
- ↑ 3.0 3.1 3.2 South Dakota Secretary of State, “Register to Vote, Update Voter Registration or Cancel Voter Registration,” accessed July 23, 2024
- ↑ 4.0 4.1 4.2 NCSL, "State Profiles: Elections," accessed July 23, 2024 Cite error: Invalid
<ref>
tag; name "ncsl" defined multiple times with different content - ↑ South Dakota Secretary of State, "Voting by Absentee Ballot," accessed July 24, 2024
- ↑ National Conference of State Legislatures, "Absentee and Early Voting," accessed July 24, 2024
- ↑ Long Distance Voter, "South Dakota Absentee Ballot Guide," accessed July 24, 2024
- ↑ 8.0 8.1 South Dakota Legislature, “Codified Laws 12-19-7,” accessed July 23, 2024
- ↑ South Dakota Legislature, “Codified Laws 12-19-12,” accessed July 23, 2024
- ↑ South Dakota Secretary of State, “Absentee Voting,” accessed July 23, 2024
- ↑ South Dakota Legislature, “Codified Laws 12-19-10,” accessed July 23, 2024
- ↑ 12.0 12.1 South Dakota Secretary of State, "General Voting Information," accessed July 23, 2024
- ↑ 13.0 13.1 National Conference of State Legislatures, "Provisional Ballots," accessed July 23, 2024
- ↑ South Dakota Secretary of State, "Help America Vote Act (HAVA)," accessed July 23, 2024
- ↑ NCSL,"State Primary Election Types," accessed October 25, 2019
- ↑ FairVote,"Primaries," accessed October 25, 2019
- ↑ Ballotpedia research conducted December 26, 2013, through January 3, 2014, researching and analyzing various state websites and codes.
- ↑ South Dakota Secretary of State Steve Barnett,"Elections and Voting," accessed October 25, 2019
- ↑ South Dakota Legislature Legislative Research Council, "Codified Laws," accessed July 23, 2024
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ South Dakota Secretary of State, "Felony Convictions," accessed July 23, 2024
- ↑ As of May 2024, the Justice Department notes, "Six States (Idaho, Minnesota, New Hampshire, North Dakota, Wisconsin, and Wyoming) are exempt from the NVRA because, on and after August 1, 1994, they either had no voter-registration requirements or had election-day voter registration at polling places with respect to elections for federal office."
- ↑ The United States Department of Justice, "The National Voter Registration Act of 1993," accessed May 29, 2024
- ↑ South Dakota Codified Laws, "12.4.12, 12.4.18, and 12.4.19.4," October 6, 2019
- ↑ South Dakota Codified Laws, "12.4.9-9.4," October 6, 2019
- ↑ ERIC, "FAQ," accessed May 29, 2024
- ↑ ERIC, "Who We Are," accessed May 29, 2024
- ↑ National Conference of State Legislatures, "Post-Election Audits," accessed October 15, 2019
- ↑ National Conference of State Legislatures, "Post-Election Audits," accessed July 23, 2024
- ↑ Election Assistance Commission, "Election Audits Across the United States," accessed August 22, 2024
- ↑ Ballotpedia research conducted in June 2023, researching and analyzing various state websites and codes.
- ↑ All About Redistricting, "Why does it matter?" accessed April 8, 2015
- ↑ Indy Week, "Cracked, stacked and packed: Initial redistricting maps met with skepticism and dismay," June 29, 2011
- ↑ The Atlantic, "How the Voting Rights Act Hurts Democrats and Minorities," June 17, 2013
- ↑ Redrawing the Lines, "The Role of Section 2 - Majority Minority Districts," accessed April 6, 2015
- ↑ 36.0 36.1 All About Redistricting, "South Dakota," accessed April 23, 2015
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