Election administration in South Dakota

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Election Information
Voter registration
Early voting
Absentee/mail-in voting
All-mail voting
Voter ID laws
State poll opening and closing times

Ballotpedia's Election Administration Legislation Tracker
The Ballot Bulletin

Select a state from the menu below to learn more about its election administration.

Election administration encompasses a state's voting policies and methods of enforcing them. These include voter identification requirements, early and absentee voting provisions, voter list maintenance methods, and more. Each state's voting policies dictate who can vote and under what conditions.

THE BASICS
  • South Dakota does not permit online voter registration.
  • South Dakota permits early voting and no-excuse absentee voting.
  • In South Dakota, polls are open from 7 a.m. to 7 p.m.
  • South Dakota requires photo identification to vote.
  • 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.
  • South Dakota has tools for verifying voter registration and checking the status of absentee ballots.

  • 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.

    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.

    Residency requirements

    To register to vote in South Dakota, you must be a resident of the state.

    Verification of citizenship

    See also: Laws permitting noncitizens to vote in the United States

    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 voting policy

    Early voting

    See also: Early voting

    South Dakota permits early voting. Learn more by visiting this website.

    Absentee voting

    See also: Absentee voting

    All voters are eligible to vote absentee in South Dakota. There are no special eligibility requirements for voting absentee.[4][5]

    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.[6]

    Returning absentee ballots

    See also: Mail ballot collection and return laws by state

    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.[7] An absentee ballot delivered to a polling place after the polls have closed will not be opened or counted.[8] Voters who are confined due to sickness or disability can apply for an authorized messenger to obtain and return their ballot for them.[9]

    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.[7] 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.[10]

    Was your absentee 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.[11]

    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.[11]

    Background

    As of August 2023, 34 states required voters to present identification in order to vote at the polls on Election Day. Of these states, 23 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. Commonly accepted forms include driver's licenses, state-issued identification cards, and military identification cards.[12][13]


    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.[14][15]

    (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.[16]

    Local election officials


    U.S. Vote Foundation Logo.jpeg

    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.[17][18][19][20]

    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.[21][22]

    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

    See also: Voting rights for convicted felons

    In South Dakota, "a person convicted of a felony in either federal or state court on or after July 1, 2012 loses the right to vote. A person so disqualified becomes eligible to register to vote upon completion of his or her entire sentence (must complete probation, parole and restitution)," according to the South Dakota Secretary of State's office.[23] Click here for information about felony convictions on or before June 30, 2012.

    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.[24]


    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).[25] 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.[26]

    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:[27]

    • 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.[28]

    The Electronic Registration Information Center (ERIC)

    See also: 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, to provide member states with detailed 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: "Each state pays annual dues, which are determined by a formula approved by the ERIC membership. The formula includes a state's citizen voting age population as a factor."[29]

    By 2022, 33 states and the District of Columbia had joined ERIC. As of August 2023, 26 states and the District of Columbia were members in the ERIC program.[30]

    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.[31]

    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.[24][32]

    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 December 2023, 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.[33]



    Election policy ballot measures

    See also: Elections and campaigns on the ballot and List of South Dakota ballot measures

    Ballotpedia has tracked the following ballot measures relating to election and campaign policy in South Dakota.

    1. South Dakota Coffey Primary Election Law (1914)
    2. South Dakota Richard's Primary Election Law, Measure 1 (1912)
    3. South Dakota Richard's Primary Law (1916)
    4. South Dakota Change the Voting Age, Amendment B (1994)
    5. South Dakota Richard's Primary Law (1918)
    6. South Dakota Primary Election Law (1920)
    7. South Dakota Nonpolitical Judicial Elections (1924)
    8. South Dakota Primary Elections Law (1924)
    9. South Dakota Superintendents of Schools Elections (1936)
    10. South Dakota Voting Residence (1958)
    11. South Dakota Residency Requirements, Amendment A (1970)
    12. South Dakota Voting Age, Amendment F (1970)
    13. South Dakota Presidential Elections, Amendment G (1970)
    14. South Dakota Voting Age, Amendment A (1972)
    15. South Dakota Right of Suffrage, Amendment B (1974)
    16. South Dakota Limits on Lobbying, Initiative 10 (2008)
    17. South Dakota Independent Candidates Election Law Referendum, Referred Law 19 (2016)
    18. South Dakota Initiated Measure 24, Ban Out-of-State Contributions to Ballot Question Committees Initiative (2018)
    19. South Dakota Constitutional Amendment W, State Campaign Finance and Lobbying Laws, Government Accountability Board, and Initiative Process Amendment (2018)
    20. South Dakota Top-Two Open Primary Elections Amendment (2024)

    Recent legislation related to election administration in South Dakota

    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.

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    The Ballot Bulletin

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    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.

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    Ballot access

    See also: Ballot access requirements for political candidates in South Dakota
    A cardboard ballot box at the Smithsonian National Museum of American History

    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.

    1. An individual can seek the nomination of a state-recognized political party.
    2. An individual can run as an independent. Independent candidates often must petition in order to have their names printed on the general election ballot.
    3. 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
    "Gerrymandering"

    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.[34][35][36][37]

    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.

    HIGHLIGHTS
  • Following the 2020 United States Census, South Dakota was apportioned one congressional seat, which was unchanged from the number it had after the 2010 census.
  • South Dakota's state legislature is made up of 35 districts, each of which elects one senator and two representatives.
  • 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.
  • 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.[38]

    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.[38]


    Election administration agencies

    Election agencies

    Seal of the U.S. Election Assistance Commission
    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

    Click here for a list

    South Dakota Secretary of State

    Capitol Building
    500 East Capitol Avenue, Suite 204
    Pierre, South Dakota 57501-5070
    Telephone: 605-773-3537
    Email: elections@state.sd.us

    U.S. Election Assistance Commission

    1335 East West Highway, Suite 4300
    Silver Spring, Maryland 20910
    Telephone: 866-747-1471


    Ballotpedia's election coverage

    Click the tiles below to navigate to 2023 election coverage, or use the map below:


    See also

    Elections in South Dakota


    External links

    Footnotes

    1. 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."
    2. South Dakota Secretary of State, “General Voting Information,” accessed October 17, 2019
    3. 3.0 3.1 South Dakota Secretary of State, “Register to Vote, Update Voter Registration or Cancel Voter Registration,” accessed October 5, 2019
    4. South Dakota Secretary of State, "Voting by Absentee Ballot," accessed December 16, 2013
    5. National Conference of State Legislatures, "Absentee and Early Voting," accessed December 16, 2013
    6. Long Distance Voter, "South Dakota Absentee Ballot Guide," accessed December 16, 2013
    7. 7.0 7.1 South Dakota Legislature, “Codified Laws 12-19-7,” accessed September 22, 2019
    8. South Dakota Legislature, “Codified Laws 12-19-12,” accessed September 22, 2019
    9. South Dakota Secretary of State, “Absentee Voting,” accessed September 22, 2019
    10. South Dakota Legislature, “Codified Laws 12-19-10,” accessed September 22, 2019
    11. 11.0 11.1 South Dakota Secretary of State, "General Voting Information," accessed October 7, 2019
    12. National Conference of State Legislatures, "Voter Identification Requirements|Voter ID Laws," March 9, 2023
    13. The Washington Post, "Do I need an ID to vote? A look at the laws in all 50 states," October 27, 2014
    14. State Dakota Secretary of State, "Provisional Ballot," accessed September 21, 2019
    15. South Dakota Secretary of State, "Help America Vote Act (HAVA)," accessed September 21, 2019
    16. National Conference of State Legislatures, "Provisional Ballots," accessed September 21, 2019
    17. NCSL,"State Primary Election Types," accessed October 25, 2019
    18. FairVote,"Primaries," accessed October 25, 2019
    19. Ballotpedia research conducted December 26, 2013, through January 3, 2014, researching and analyzing various state websites and codes.
    20. South Dakota Secretary of State Steve Barnett,"Elections and Voting," accessed October 25, 2019
    21. South Dakota Legislature Legislative Research Council, "Codified Laws," accessed October 15, 2019
    22. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
    23. South Dakota Secretary of State, "Elections and Voting," accessed December 12, 2019
    24. 24.0 24.1 National Conference of State Legislatures, "Felon Voting Rights," April 6, 2023 Cite error: Invalid <ref> tag; name "ncsl" defined multiple times with different content
    25. 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."
    26. The United States Department of Justice, "The National Voter Registration Act of 1993," accessed Aprl 4, 2023
    27. South Dakota Codified Laws, "12.4.12, 12.4.18, and 12.4.19.4," October 6, 2019
    28. South Dakota Codified Laws, "12.4.9-9.4," October 6, 2019
    29. ERIC, "Home," accessed April 4, 2023
    30. ERIC, "Who We Are," accessed August 7, 2023
    31. National Conference of State Legislatures, "Post-Election Audits," accessed October 15, 2019
    32. Election Assistance Commission, "Election Audits Across the United States," accessed August 15, 2023
    33. Ballotpedia research conducted in June 2023, researching and analyzing various state websites and codes.
    34. All About Redistricting, "Why does it matter?" accessed April 8, 2015
    35. Indy Week, "Cracked, stacked and packed: Initial redistricting maps met with skepticism and dismay," June 29, 2011
    36. The Atlantic, "How the Voting Rights Act Hurts Democrats and Minorities," June 17, 2013
    37. Redrawing the Lines, "The Role of Section 2 - Majority Minority Districts," accessed April 6, 2015
    38. 38.0 38.1 All About Redistricting, "South Dakota," accessed April 23, 2015
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