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Home » US Law » 2022 South Dakota Codified Laws » Title 12 - Elections » Chapter 26 - Offenses Against The Elective Franchise

Section 12-26-1 – Elections to which chapter applies.

12-26-1. Elections to which chapter applies. The word “election” as used in this chapter includes any election held in this state for the purpose of enabling the voters to nominate or elect any United States, state, or local officer, or to vote upon any question submitted to them. Source: PenC 1877, §90; CL 1887, §6290; […]

Section 12-26-10 – Threats or intimidation to prevent public assembly of electors as misdemeanor–Hindering attendance at meeting.

12-26-10. Threats or intimidation to prevent public assembly of electors as misdemeanor–Hindering attendance at meeting. A person who by threats, intimidation, or unlawful force or violence, intentionally hinders or prevents voters from assembling in a public meeting for considering of public questions, or who hinders or prevents any individual voter from attending any such meeting, […]

Section 12-26-11 – Disturbance of public meeting of voters as misdemeanor.

12-26-11. Disturbance of public meeting of voters as misdemeanor. A person who intentionally disturbs or breaks up any public meeting of voters lawfully being held for the purpose of considering public questions is guilty of a Class 2 misdemeanor. Source: PenC 1877, §74; CL 1887, §6274; RPenC 1903, §79; RC 1919, §3666; SDC 1939, §13.0916; […]

Section 12-26-13 – Unlawful influence of employees’ political activities or voting as misdemeanor–Forfeiture of corporate charter.

12-26-13. Unlawful influence of employees’ political activities or voting as misdemeanor–Forfeiture of corporate charter. It is a Class 2 misdemeanor for any employer in paying his employees the salary or wages due them, to enclose their pay in “pay envelopes” upon which there is written or printed any political mottoes, devices, or arguments containing threats, […]

Section 12-26-15 – Bribery of voter as misdemeanor–Acts constituting bribery.

12-26-15. Bribery of voter as misdemeanor–Acts constituting bribery. It is a Class 2 misdemeanor for any person, directly or indirectly, by the person or through any other person: (1)To pay, lend, contribute, or offer or promise to pay, lend, or contribute, any money or other valuable consideration, to or for any voter or to or […]

Section 12-26-19 – Betting with intent to procure challenge as misdemeanor.

12-26-19. Betting with intent to procure challenge as misdemeanor. Any person who shall directly or indirectly make a bet with a voter depending upon the result of any election, with the intent thereby to procure the challenge of such voter or to prevent his voting at an election, is guilty of a Class 2 misdemeanor. […]

Section 12-26-22 – Disturbance of election proceedings as misdemeanor.

12-26-22. Disturbance of election proceedings as misdemeanor. No person may cause any disturbance or breach of the peace, or engage in disorderly conduct in violation of §22-18-35, or use threats of violence, whereby an election is impeded or hindered, or whereby the lawful proceedings of the precinct superintendent or precinct deputies, ballot counters, or canvassers […]

Section 12-26-23 – Tampering with ballots, ballot box, or poll list as felony.

12-26-23. Tampering with ballots, ballot box, or poll list as felony. A person who intentionally breaks, destroys, steals, or conceals any ballot box or any poll list used or intended to be used at any election, or who, before the ballots have been counted or canvassed, or during the time within which a contest or […]

Section 12-26-23.1 – Tampering with automatic ballot counting devices, direct recording electronic voting machines, and electronic ballot marking systems as felony.

12-26-23.1. Tampering with automatic ballot counting devices, direct recording electronic voting machines, and electronic ballot marking systems as felony. No person may intentionally program or alter an automatic ballot counting device, direct recording electronic voting machine, or electronic ballot marking system to erroneously mark, record, or count voted ballots or to render an erroneous total. […]

Section 12-26-25 – False count or return by election official as misdemeanor–Defacement or concealment of statement or certificate.

12-26-25. False count or return by election official as misdemeanor–Defacement or concealment of statement or certificate. No precinct superintendent, precinct deputy, member of any counting board, member of any board of canvassers, messenger, or other officer authorized to take part in or perform any duty in relation to any count, canvass, or official statement of […]

Section 12-26-27 – Bribery of election official as misdemeanor.

12-26-27. Bribery of election official as misdemeanor. A person who gives or offers a bribe to any precinct superintendent, precinct deputy, canvasser, or other officer of an election as a consideration for doing or omitting to do any act in violation of the person’s official duty in relation to such election, is guilty of a […]

Section 12-26-28 – Offenses relating to election on submitted question.

12-26-28. Offenses relating to election on submitted question. Every act which by the provisions of this chapter is made criminal when committed with reference to the election of a candidate is equally criminal when committed with reference to the determination of a question submitted to voters to be decided by votes cast at an election. […]

Section 12-26-29 – Prevention of unlawful election not prohibited.

12-26-29. Prevention of unlawful election not prohibited. Nothing in this chapter shall be construed to authorize the punishment of any person who, by authority of law, may interfere to prevent or regulate an election which has been unlawfully noticed or convened, or is being, or is about to be, unlawfully conducted. Source: PenC 1877, §92; […]

Section 12-26-3 – False representation to procure registration or acceptance of vote as misdemeanor–Failure to deny false statement as misrepresentation.

12-26-3. False representation to procure registration or acceptance of vote as misdemeanor–Failure to deny false statement as misrepresentation. Any person who, at the time of requesting his name to be registered as a voter, or who at the time of offering his vote at any election, knowingly makes any false statement or employs any false […]