SB 171 — amend provisions pertaining to the processing of absentee ballots and to declare an emergency.

26.731.1926.731.20 101st Legislative Session 171 South Dakota Legislature Senate Bill 171 HOUSEENROLLED STATEA AFFAIRSN ENGROSSEDACT IntroducedENTITLED by:An Act to amend provisions pertaining to the processing of absentee ballots and to declare an emergency.

SenatorB PetersonE (Sue)IT AnENACTED ActBY toTHE amendL provisionsEGISLATURE pertainingOF toTHE theS processingTATE ofOF absenteeS ballotsOUTH andD toAKOTA declare: an emergency.

B E IT ENACTED BY THE LEGISLATURE OF THE S TATE OF SOUTH D AKOTA :

The person in charge of the election shall keep the absentee ballot in a safe place without opening the envelope or breaking the seal thereof, and shall,shall except as provided by § 12-19-42, deliver it to the precinct superintendent of election of the voter's home precinct, or to the absentee ballot counting board as provided in § 12-19-42.

If The board shall omit the comparison of the statement and the application if the ballot is contained in a combined absentee ballot application/return application form and return envelope,envelope. the comparison of the statement and the application must be omitted.

Overstrikes26.731.20 indicate2 deleted171 language.The precinct election board or the precinct counting board shall enter the voter's name in the election pollbook and mark the registration list whether:

26.731.19 2 171 The precinct election board or the precinct counting board shall enter the voter's name on in the election pollbook and mark the registration list if whether:

The board shall then open the envelope without opening, unfolding, or examining the ballots the envelope may contain,;contain;

stamp the ballots with the official stamp,;stamp;

If the board determines that an absentee ballot envelope cannot be opened because the envelope does not meet the requirements for opening, the reason for not opening the envelope must be written on the envelope, signed accompanied by the signature of a member of the board, and the envelope must be placed in a larger envelope for unopened absentee ballots.

It is a Class 2 misdemeanor for a person an individual, prior to the counting of the votes, to open, unfold, or examine any ballot, or make any communication to any person other individual concerning the markings or contents of the ballot, or to create any record associating an individual voter with a ballot.

Any county may create a special precinct to be known as an absentee ballot precinct.

If the county creates an absentee ballot precinct, all absentee ballots cast at any election shall be counted in such precinct.

However, if a paper ballot precinct has ten or fewer absentee ballots cast at the time the polls open on election day, the absentee ballots in that precinct shall be counted at the polling place.

OverstrikesSection indicate3. deleted language.

26.731.19 3 171 Section 3.

Except as otherwise provided in §§ 12-19-37 to 12-19-52, inclusive, the absentee ballot counting board's powers and duties shall be the same as provided in chapters 12-19 and 12-20 for precinct election officials in regular precinct polling places, except that the board shall receive and count all absentee ballots for all precincts in the county upon receipt thereof from the person in charge of the election.Except as otherwise specified in §§ 12-19-37 to 12-19-52, inclusive, the powers and duties of an absentee ballot counting board are the same as those of precinct election officials in a regular precinct polling place.

SB171 ENROLLED 26.731.20 3 171 (1) Receive, from the person in charge of the election, all absentee ballots for all precincts in the jurisdiction of the person in charge of the election;

TheIf countyin auditorthe shalljudgment directof the boardperson toin meetcharge onof the election dayit is necessary to convene the absentee counting board prior to the closing of the polls foron election day, the soleperson purposein charge of reviewingthe election may direct the absenteeboard voters'to affidavitsmeet appearingduring regular business hours on the sealedday ballotbefore envelopes,the ifelection inand theon auditor'selection judgmentday thisprior procedureto shallthe beclosing necessaryof duethe topolls for the numberpurpose of processing absentee ballotsballots, received.pursuant to § 12-19-10.

The absentee ballots shall be opened, stamped, and placed in the ballot box or processed by an automatic tabulating machine, but under no circumstances shall the ballots be manually counted norIf in the judgment of the person in charge of the election it is necessary to convene the absentee counting board prior to the closing of the polls on election day, the person in charge of the election may direct the board to meet during regular business hours on the day before the election and on election day prior to the closing of the polls for the purpose of processing absentee ballots, pursuant to § 12-19-10.

The absentee Overstrikesballot indicatecounting deletedboard language.may not manually count the absentee ballots prior to the closing of the polls.

26.731.19 4 171 ballot counting board may not manually count the absentee ballots prior to the closing of the polls.

SB171 ENROLLED 26.731.20 4 171 12-19-45.

The person in charge of the election shall preserve a record of the name, post office address, and voting precinct of each applicant for absentee ballots an absentee ballot and shall personally deliver the same to the Absentee Ballot Counting Board record to the absentee ballot counting board.

The Absentee Ballot Counting Board shall commence counting the absentee voters' ballots immediately upon close of the polls at a central place designated by the county auditor.

Overstrikes indicate deleted language.

26.731.19 5 171 The absentee ballot counting board, during the time prescribed in § 12-19-46, shall process each absentee ballot as required by § 12-19-10.

UnderscoresSB171 indicateENROLLED new26.731.20 language.5 171 An Act to amend provisions pertaining to the processing of absentee ballots and to declare an emergency.

OverstrikesReceived indicateat deletedthis language.Executive Office I certify that the attached Act originated in this _____ day of _____________, the:

at ____________M.

Senate as Bill No.

171 By Secretary of the Senate for the Governor The attached Act is hereby approved this ________ day of President of the Senate ______________, A.D., 2026 Attest:

Governor Secretary of the Senate STATE OF SOUTH DAKOTA, ss.

Office of the Secretary of State Speaker of the House Filed ____________, 2026 Attest:

at _________ o'clock __M.

Chief Clerk of the House Secretary of State Senate Bill No.

171 By File No.

____ Asst.

Secretary of State Chapter No.

______ SB171 ENROLLED