SB 20 South Dakota Senate · 2025 Regular Session

require a voter use a pen when marking a ballot.

This bill requires voters in South Dakota to use a pen to mark their ballots, directly affecting all individuals casting votes in the state. The key provision mandates that ballot marking must be done with a writing instrument rather than allowing alternative methods like pencils or digital tools. This change standardizes the physical process of voting to ensure clear and legible ballot markings. The policy applies to all in-person and mail-in voting scenarios where a voter marks their ballot by hand.
Bill status passed both 4 of 5 stages cleared
Introduction
Jan 2025
Committee Review
Jan 2025
Senate Passage
Jan 2025
House Passage
Feb 2025
Governor
Introduced Jan 14, 2025 Last action Feb 5, 2025
Maddy AI version diff · 2 comparisons

What changed between versions

Senate Local Government Engrossed Senate Engrossed · 2 edits · Jan 28, 2025
MINOR
This bill amends South Dakota election law to require voters to use a black ink ballpoint pen when marking paper or optical scan ballots, replacing the previous option to use a pencil. It also repeals the section that allowed voters to use pencils or other marking instruments on optical scan ballots. The change standardizes ballot marking tools to ensure clearer, more permanent marks that are easier to scan accurately.
Scope change
The bill narrows the scope of acceptable ballot marking instruments from pencils or pens to exclusively black ink ballpoint pens for both paper and optical scan ballots.
REQUIREMENT

Changed the requirement for marking ballots from allowing pencils or black ink pens to mandating only black ink ballpoint pens.

Repealed the provision that allowed voters to use pencils or other marking instruments on optical scan ballots.

Floor votes · Senate Jan 27, 2025

How they voted

340
Passed · 1 other
Total votes 35
Jan 27, 2025
D Democratic3
3 Yea
100% Yea
R Republican32
31 Yea 1
96% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
15
Key actions
6
Committee
2
Amendments
3
Feb 5, 2025
Lower · Passed
State Affairs Deferred to the 41st legislative day , Passed, YEAS 10, NAYS 2
lower
Feb 3, 2025
Lower · Passed
State Affairs Deferred to another day , Passed, YEAS 7, NAYS 6
lower
Jan 28, 2025
Introduced
First read in House and referred to H.J. 134
lower
Jan 27, 2025
Upper · Passed
Senate Do Pass Amended , Passed, YEAS 34, NAYS 0 S.J. 103
upper
Jan 27, 2025
Introduced
Senate Motion to amend , Passed, S.J. 103 Amendment 20D
upper
Jan 27, 2025
Senate · Passed
Senate Vote: pass (34-0-1)
senate
Jan 22, 2025
Upper · Passed
Certified uncontested, placed on consent , Passed,
upper
Jan 22, 2025
Upper · Passed
Local Government Do Pass Amended , Passed, YEAS 6, NAYS 0
upper
Jan 22, 2025
Introduced
Local Government Motion to amend , Passed, Amendment 20C
upper
Jan 22, 2025
Introduced
Local Government Motion to amend , Passed, Amendment 20B
upper
Jan 14, 2025
Introduced
First read in Senate and referred to S.J. 12
upper
0 primary · 0 co-sponsors

Sponsors

No sponsor information available.