SB 185: amend provisions pertaining to the process by which the qualifications of a registered voter are verified. - South Dakota

Senate Engrossed → Enrolled · 7 edits · Mar 6, 2025

MODERATE

This bill adds new sections to South Dakota election law that allow individuals to challenge voter registrations based on specific grounds like voting in another state or residency issues. It establishes a formal process requiring affidavits with documented evidence, sets strict timelines for challenges, and creates mechanisms for verification and appeal. The changes aim to create a more structured system for verifying voter qualifications while protecting confidential information.

Scope change

The bill expands the scope of voter registration challenges by adding new grounds for challenge (voting in another state, residency issues) and creating a formalized process that previously did not exist in this specific form.

REQUIREMENT

New sections added to Chapter 12-4 establish a formal process for challenging voter registrations, requiring affidavits with documented evidence and specific forms prescribed by the State Board of Elections.

Added privacy protections prohibiting public disclosure of confidential information like social security numbers, driver's license numbers, and contact information, with misdemeanor penalties for violations.

Modified § 12-4-54 to require annual reporting of voters removed from registration lists due to various reasons including the new challenge process.

ELIGIBILITY

Added new grounds for voter registration challenges: voting or registering to vote in another state, and residency issues under § 12-1-4.

TIMELINE

Established specific filing deadlines: 30 days before election for disqualification/death challenges, and 90 days before election for other challenges.

ENFORCEMENT

Created verification processes requiring county auditors to send requests to challenged voters, with 30-day response deadlines and authority to cancel registrations under specific conditions.

Added appeal mechanisms allowing voters to contest registration cancellations through county commissioners or circuit court.

Senate State Affairs Engrossed → Senate Engrossed · 7 edits · Feb 20, 2025

MODERATE

This bill adds new provisions to South Dakota election law allowing the secretary of state, county auditors, and registered voters to challenge the qualifications of other registered voters before elections. The bill establishes specific deadlines, required documentation, and procedures for verifying voter eligibility, including challenges based on out-of-state voting or residency status.

Scope change

The bill expands who can challenge voter registrations (adding county auditors and registered voters in the same county) and introduces new grounds for challenges including out-of-state voting and residency verification.

ELIGIBILITY

New grounds for voter challenges include whether a voter has voted or registered to vote in another state, or is not a resident of South Dakota.

TIMELINE

Establishes a 90-day deadline before elections for filing voter qualification challenges, with restrictions on challenging voters within 90 days of an election.

REQUIREMENT

Requires challengers to sign affidavits with factual basis and documented evidence, prohibiting anonymous third-party allegations.

Requires county auditors to retain challenge application records for at least 22 months before secure destruction.

ENFORCEMENT

Creates a process where county auditors must send verification requests to challenged voters and may cancel registrations if voters fail to provide sufficient documentation.

Establishes appeal rights for voters whose registrations are canceled, allowing appeals to county commissioners or circuit court.

Makes it a Class 2 misdemeanor to intentionally make public confidential information like social security numbers, driver license numbers, or passport numbers during voter challenges.

Introduced → Senate State Affairs Engrossed · 8 edits · Feb 12, 2025

MODERATE

This bill adds new provisions to South Dakota's election laws allowing individuals to challenge the qualifications of registered voters. It establishes a formal process where voters, county auditors, or the secretary of state can file challenges based on specific grounds like death, out-of-state registration, or residency issues. The bill requires documented evidence for challenges, sets strict timelines for verification, and creates appeal processes for affected voters.

Scope change

New scope added: Previously, voter registration challenges were handled through different mechanisms; this bill creates a specific statutory process for voter qualification challenges.

REQUIREMENT

Added new section allowing applications for correction of precinct registration lists or challenges to voter qualifications, filed no later than 30 days before any election.

Requires challengers to sign affidavits with factual basis and documented evidence, prohibiting anonymous third-party allegations.

Requires county auditors to retain challenge application records for at least 22 months before secure destruction.

Amended existing section to require secretary of state to submit annual report including number of voters removed due to applications for correction.

ELIGIBILITY

Established four specific grounds for voter challenges: disqualification under existing law, death, voting/registration in another state, or residency issues.

ENFORCEMENT

Mandates county auditors to send address verification requests to challenged voters within 14 days and cancel registration if documentation is insufficient.

Creates appeal process allowing challenged voters to appeal auditor decisions to county commissioners or circuit court.

TIMELINE

Prohibits cancellation of voter registration within 90 days immediately prior to an election date.

amend provisions pertaining to the process by which the qualifications of a registered voter are verified.

What changed between versions

How they voted

Actions timeline

Sponsors