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Home » US Law » 2022 South Dakota Codified Laws » Title 12 - Elections » Chapter 18 - Arrangements And Conduct Of Voting

Section 12-18-1 – Preparation for voting–Booths, electronic ballot marking system, and supplies to be provided–Private voting required.

12-18-1. Preparation for voting–Booths, electronic ballot marking system, and supplies to be provided–Private voting required. The superintendent of the election precinct is responsible for having the polling place ready to accommodate the voters in the precinct by the time the polls open. The booths, electronic ballot marking system, and supplies which enable the voter to […]

Section 12-18-1.1 – Verification of blank ballots received.

12-18-1.1. Verification of blank ballots received. Before the opening of the polls the members of the precinct election board shall count and verify against the receipt given the ballots delivered to the precinct for the purposes of the election. Source: SL 1974, ch 118, §104; SL 1999, ch 69, §22.

Section 12-18-1.2 – Specific duties of precinct superintendent.

12-18-1.2. Specific duties of precinct superintendent. The precinct superintendent shall have charge of the conduct at the polling place and supervise the precinct deputies. The precinct superintendent shall issue instructions and assign the duties to each person for maintaining the registration lists and the pollbook and issuing and receiving the official ballots. The duties for […]

Section 12-18-1.4 – Attendance by election officials during voting and counting.

12-18-1.4. Attendance by election officials during voting and counting. At all times after the polls are opened the precinct election officials shall remain at the polling place with the ballot boxes until the polls are closed and they have completed their duties. Source: SL 1974, ch 118, §105; SL 1975, ch 123; SL 1975, ch […]

Section 12-18-1.5 – Attendance until polls closed by precinct superintendent and precinct deputies in precincts with counting boards–Attendance by board members during counting.

12-18-1.5. Attendance until polls closed by precinct superintendent and precinct deputies in precincts with counting boards–Attendance by board members during counting. In those precincts where counting boards have been appointed, the precinct superintendent and precinct deputies shall remain at the place of election at all times after the polls are opened until the polls are […]

Section 12-18-12 – Stamping of ballot before delivery to voter.

12-18-12. Stamping of ballot before delivery to voter. Before delivering a ballot to any voter the member of the precinct election board in charge of the ballots shall stamp on the ballot the official stamp provided for that purpose as follows: (1)On a hand-counted ballot, on the back and near the top of the ballot; […]

Section 12-18-13 – Use of unauthorized ballot prohibited.

12-18-13. Use of unauthorized ballot prohibited. No voter may receive or vote a ballot from any other person than the precinct superintendent or precinct deputy in charge of the ballots, nor may any person other than the precinct superintendent or precinct deputy deliver a ballot to the voter. Source: SDC 1939, §16.1209; SL 1974, ch […]

Section 12-18-14 – Entry of voting booth or machine by voter.

12-18-14. Entry of voting booth or machine by voter. On receipt of his ballot or delivery to him of his voter’s consecutive number, the voter shall forthwith and without leaving the polling place retire alone to one of the booths or voting machines provided to cast his vote. Source: SL 1897, ch 60, §25; SL […]

Section 12-18-16 – Marking of paper ballot–Form of mark.

12-18-16. Marking of paper ballot–Form of mark. If a paper ballot is used, the voter may use a pencil or pen to mark the voter’s ballot and the voter may mark the ballot with either a cross (x) or check mark (). Source: SDC 1939, §§16,1105 (4), 16.1302; SL 1957, ch 84, §§2, 3; SDC […]

Section 12-18-16.1 – Marking of optical scan ballot.

12-18-16.1. Marking of optical scan ballot. If an optical scan ballot is used, the voter may use a pencil or other marking instrument provided to mark the voter’s choice on the ballot. Source: SL 2002, ch 76, §2.

Section 12-18-24 – Replacement of spoiled ballots–Marking and preservation.

12-18-24. Replacement of spoiled ballots–Marking and preservation. If any voter spoils a ballot, the voter may obtain another ballot, and so on, successively, not to exceed three ballots in all, upon returning to a member of the precinct election board the spoiled ballot. In obtaining a ballot to replace a spoiled one, the name of […]

Section 12-18-28 – Deposit of folded ballot in ballot box.

12-18-28. Deposit of folded ballot in ballot box. When a ballot is ready for deposit in the ballot box, the member of the precinct election board in charge of the ballot box, without opening the ballot or permitting it to be opened or examined except to ascertain that the ballot is a single ballot, shall […]

Section 12-18-3 – Electioneering, offices, distracting communications devices, and signature gathering prohibited near polling place–Violation as misdemeanor.

12-18-3. Electioneering, offices, distracting communications devices, and signature gathering prohibited near polling place–Violation as misdemeanor. Except for sample ballots and materials and supplies necessary for the conduct of the election, no person may, in any polling place or within or on any building in which a polling place is located or within one hundred feet […]

Section 12-18-3.1 – Simulated elections–Access to polling place–Impartiality required–Notice to county auditor.

12-18-3.1. Simulated elections–Access to polling place–Impartiality required–Notice to county auditor. Minors voting in a simulated election and persons supervising or working in a simulated election in which minors vote shall be allowed in a polling place. All activities associated with a simulated election are subject to the provisions of §12-18-3, and all such activities shall […]

Section 12-18-32 – Packaging and return of unused ballots–Record accounting for ballots.

12-18-32. Packaging and return of unused ballots–Record accounting for ballots. All ballots which have not been distributed to voters, excluding those marked “spoiled and replaced” separately enclosed, together with a record of ballots stating the number of ballots voted, the number of ballots spoiled and replaced, and the number of ballots not delivered to voters, […]