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(click on title) | Short Description | Public Hearing Dates | Interim Commitee Hearing | Comment Deadline (click on date) | |
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5:01:02:14. In-state per diem rates
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The effect of the rules will be to increase the allowable in-state lodging reimbursement amount for State employees traveling on official in-state travel effective January 1, 2015.
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07/15/2014
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07/26/2014 |
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Federal, state statutory changes, clarifications
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The effects of the rules are to provide additional instructions to voters on how to mark an optical scan ballot, allow the person in charge of the election to determine where the ballot stamp watermark is placed on the ballot, add residence address including city and zip code to the nominating petition for school board candidates, add city and zip code to the municipal candidate nominating petition, add aldermanic as a type of municipal government that can increase or decrease the number of wards on the petition form, add a notation to the general authority section to the administrative rule for approving electronic ballot marking systems, clarify what ballots can be requested on the absentee ballot application and what ballots can be requested to be emailed to military and overseas voters on the absentee ballot application, clarify who a recount petition is filed with, and repeal a notice of cancellation of election that is not required by statute.
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06/04/2015
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06/03/2015 |
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Administrative Rule Changes for State Board of Finance
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Consider the adoption and amendment of proposed rules numbered
5:01:01:01,
5:01:02:14, and
5:01:07:07, inclusive
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10/18/2016
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10/28/2016 |
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Board of Elections - 2017 Rules Hearing
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Specify a 30 day deadline date for a voter to return the invalid/incomplete voter registration acknowledgment notice to provide consistency with all county auditors and comply with signed House Bill 1036 from the 2017 Legislative Session. Change the name of a Secondary Election to Runoff Election in the above administrative rules is due to signed House Bills 1036 and 1037. Add judicial office to be listed in the notice of deadline for filing nominating petitions for the primary election which should have been included in the past. Due to the passage of Senate Bill 77 and House Bills 1001 & 1034 the addition of the following language is being added to the general election ballot “Legislative Research Council’s Prison/Jail Population Cost Estimate and/or Fiscal Note. Additional clean up amendments to the primary and general election ballot formats to include notations for front and reverse sides, clarifying ballot printing notes, adding an option for county finance officer, and providing the format for State Representative Districts 26 & 28 A and B and new primary and general election ballot formats are being added to allow county auditor’s to purchase new ballot marking devices. Amending the tax levy opt-out ballot format to be used by county, municipality or school to provide clarification on the format for those local jurisdictions. Create a new ballot format for capital outlay elections for school districts to provide assistance to the school district. Create a new ballot format for school sentinel program elections to provide assistance to the school district. Create a new ballot format to assist county auditors with ballot for tax levy ballots for maintaining repairing, constructing or reconstructing roads and bridges. Clarifying that a petition sheet must be printed on a self-contained sheet of paper printed front and reverse side due to passage of HB 1034. Amended the rule for the random sample on statewide candidates and statewide ballot measures due to passage of HB 1035 by replacing the 5% random sample requirement to a sample that is statistically correlative to not less than a 95% level of confidence with a margin of error equal to not more than 3.62%. Repealed two petitions for conservation district candidates and amended the third petition due to the passage of SB 78 which changed the candidates for district supervisors to run at large instead of by areas. Amended the application for absentee voting to add language to clarify what category of Uniformed Overseas Citizens Absentee Voter the applicant falls under to comply with the federal law and we also provided other language to simplify the application instructions. Removed language requiring an Uniformed Overseas Citizens Absentee Voter has to provide their voting residence on the ballot return envelope as there is no state law that requires those voters to provide that information.
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06/15/2017
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06/15/2017 |
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5:04:03:01 and 5:04:03:04, inclusive. The effect of the rules will be to update notary public application and change forms.
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Persons interested in presenting data, opinions, and arguments for or against the proposed
rules may do so by appearing in person at the hearing or by sending them to the South Dakota
Secretary of State, State Capitol, 500 East Capitol, Pierre, South Dakota 57501. Material sent by mail must reach the Office of the Secretary of State by October 9, 2017, to be considered at the hearing. Additional written comments will be received until October 20, 2017.
After the hearing, the Secretary of State will consider all written and oral comments it
receives on the proposed rules. The Secretary of State may modify or amend a proposed rule at
that time to include or exclude matters that are described in this notice.
Notice is further given to individuals with disabilities that this hearing is being held in a physically accessible place. Please notify the Office of the Secretary of State at least 48 hours before the public hearing if you have special needs for which special arrangements must be made. The telephone number for making special arrangements is (605) 773-3537.
Copies of the proposed rules may be obtained without charge from the
Office of the Secretary of State
Suite 204
State Capitol
500 East Capitol
Pierre, South Dakota 57501
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10/10/2017
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10/20/2017 |
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§§ 5:02:03:14; 5:02:03:18; 5:02:03:26 (New); 5:02:03:27 (New); 5:02:04:13; 5:02:04:17; 5:02:04:18; 5:02:04:19; 5:02:06:01; 5:02:06:10; 5:02:06:17; 5:02:06:20; 5:02:06:26 (New); 5:02:06:27 (New); 5:02:06:28 (New); 5:02:08:00.01; 5:02:08:00.02; 5:02:08:07.01; 5:02:08:07.02; 5:02:08:36; 5:02:08:37 (Repeal); 5:02:08:38 (Repeal); 5:02:09:04.04; 5:02:10:01; 5:02:10:01.02; 5:02:10:08; and 5:02:19:05, inclusive.
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Specify a 30 day deadline date for a voter to return the invalid/incomplete voter registration acknowledgment notice to provide consistency with all county auditors and comply with signed House Bill 1036 from the 2017 Legislative Session. Add another voter designation for the federally required Election Assistance Commission Election Day Survey. Create two voter registration list maintenance forms to make it easier to identify the forms mailed to voter under the National Voter Registration Act. Change the name of a Secondary Election to Runoff Election in the above administrative rules is due to signed House Bills 1036 and 1037. Add judicial office to the races to be listed in the notice of deadline for filing nominating petitions for the primary election which should have been included in the past. Due to the passage of Senate Bill 77 and House Bills 1001 & 1034 the addition of the following language is being added to the general election ballot “Legislative Research Council’s Prison/Jail Population Cost Estimate and/or Fiscal Note. Additional clean up amendments to the primary and general election ballot formats to include notations for front and reverse sides, clarifying ballot printing notes, adding an option for county finance officer, and providing the format for State Representative Districts 26 & 28 A and B. Amending the tax levy opt-out ballot format to be used by county, municipality or school to provide clarification on the format for those local jurisdictions. Create a new ballot format for capital outlay elections for school districts to provide assistance to the school district. Create a new ballot format for school sentinel program elections to provide assistance to the school district. Create a new ballot format to assist county auditors with ballot for tax levy ballots for maintaining repairing, constructing or reconstructing roads and bridges. Clarifying that a petition sheet must be printed on a self-contained sheet of paper printed front and reverse side due to passage of HB 1034. Add the Attorney General’s Title of a statewide ballot question to information required from the sponsor(s) on the two affidavits for statewide ballot questions. Repealed two petitions for conservation district candidates and amended the third petition due to the passage of SB 78 which changed the candidates for district supervisors to run at large instead of by areas. Clarify what type of ballot a resolution board will use to duplicate a ballot that is rejected from the automatic tabulating machine. Amended the application for absentee voting to add language to clarify what category of Uniformed Overseas Citizens Absentee Voter the applicant falls under to comply with the federal law and we also provided other language to simplify the application instructions. Removed language requiring a stateside Uniformed Overseas Citizens Absentee Voter to provide a photocopy of their identification or have their signature notarized on the absentee ballot application as there is no state law that requires those voters to provide that
information. Removed language requiring a Uniformed Overseas Citizens Absentee Voter has to provide their voting residence on the ballot return envelope as there is no state law that requires those voters to provide that information and amend the maximum size of the that envelope. Add legislative candidates as those who do not use this petition for recount.
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10/30/2017
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10/27/2017 |
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§§ 5:02:03:19; 5:02:04:17; 5:02:06:10.03; 5:02:08:00; 5:02:08:00.01; 5:02:08:00.05; 5:02:08:07; 5:02:08:07.01; 5:02:08:08; 5:02:08:09; 5:02:08:45; 5:02:09:16; and 5:02:10:04; inclusive.
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Provide a check box on the Voter Registration Address Verification Notice to check if the person no longer lives as that address to make the process easier on the auditors when receiving these notices back. Clarify the offices an independent candidate can run for and where the petitions are to be submitted to in the notice of deadline for filing nominating petitions for the primary election and for filing independent candidate petitions. Remove language from the ExpressVote ballot rule that pertains to using an ExpressLink ballot printer at the polling place that was specific to the 2018 primary election as no county will use them in that election. Provide additional requirements to the rules on guidelines for acceptance of petitions and requirements for counting signatures on petitions pursuant to the passage of HB 1004 and 1196 during the 2018 legislative session. Amend the rule for the random sample table for statewide candidates to provide the sample size for up to 20,000 signatures being submitted. Provide additional language in the petition circulator’s oath on the statewide initiative, referendum and initiated constitutional petitions to include that the circulator is not attesting to any signature obtained by another person and that the circulator is a resident of South Dakota pursuant to the passage of HB 1196 during the 2018 legislative session. Amend the affidavit of completed ballot petition to include new language the petition sponsor(s) need to provide on each circulator pursuant to the passage of HB 1196 during the 2018 legislative session. Add a new column to the recapitulation sheet to provide for ballot counts for those counties using the new ExpressVote ballot marking device. Clarify the instructions to voters that are sent to voters voting by absentee to inform the voter that they have to pay the postage to return their absentee ballot and that the ballot must be received by the person in charge of the election before the polls close.
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06/18/2018
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06/15/2018 |
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05:04:03:01 and 05:04:06:07, inclusive
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The effect of the rules will be update the notary public application form and revise the fees for statewide voter registration files by adding ones for new parties or parties with alternative political status for just their party voters.
The reason for adopting the proposed rules is to improve the instructions and functionality for completion by the notary public applicant. The change in fee structure for statewide voter registration file takes into consideration the significantly lower number of individuals in new parties or parties with alternative political status for just their party voters.
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08/30/2018
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09/09/2018 |
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