Secretary of State



§§ 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.

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.

New content is added below as the draft rules move through the rule-making process.







Interim Rules Hearing
Important Dates
Public Hearing:
Comment Deadline:
Interim Rules Committee Hearing:
Filed-Secretary of State:
Rule Effective:
10/30/2017
10/27/2017


Agency Contact: Kristin Kellar mail to: SOSAdminRules@state.sd.us