Printer FriendlySB 58 revise certain provisions concerning elections conducted at voti...
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State of South Dakota
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EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012
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591T0171
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SENATE BILL NO. 58
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Introduced by: Senators Schlekeway, Bradford, Buhl, Frerichs, Gray, Haverly, Heineman,
Holien, Hunhoff (Jean), Juhnke, Novstrup (Al), Olson (Russell), Peters,
Rampelberg, and Rhoden and Representatives Kirkeby, Abdallah,
Boomgarden, Deelstra, Fargen, Hansen (Jon), Hickey, Hoffman, Kopp,
Lucas, Lust, Olson (Betty), Rausch, Sly, Tulson, Turbiville, Verchio, Wick,
and Willadsen
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FOR AN ACT ENTITLED, An Act to revise certain provisions concerning elections conducted
at voting centers and to declare an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 12-14 be amended by adding thereto a NEW SECTION to read as
follows:
Notwithstanding any other provision of law, any jurisdiction may conduct an election using
vote centers pursuant to the provisions of this section. The election shall be conducted in
conformance with all applicable election laws and rules with the following exceptions:
(1) The jurisdiction may use vote centers that allow the voters in the jurisdiction to vote
at any one of the vote centers in lieu of establishing precincts and wards for the
election;
(2) Any person who is registered to vote and living in the jurisdiction may be appointed
as a polling place superintendent or deputy to any of the vote centers;
(3) Secure, encrypted electronic pollbooks shall be used in lieu of paper registration
books;
(4) The secretary of state shall prescribe the form of the ballot to be used at vote centers
until the State Board of Elections promulgates rules pursuant to subdivision 12-1-19(2);
(5) The entire jurisdiction is designated as one voting precinct for this election; and
(6) The jurisdiction shall submit a plan for approval to the secretary of state.
Section 2. That § 12-15-1 be amended to read as follows:
12-15-1. The county auditor shall, not less than twenty days before any election, appoint a
precinct superintendent and two precinct deputies who shall constitute the precinct election
board and a precinct superintendent and two precinct deputies of the counting board if the board
is appointed pursuant to § 12-15-14 or 12-15-14.1 for each of the voting precincts
or vote
centers of the county.
Two or four additional Additional precinct deputies may be appointed
in
increments of two. The county auditor shall make the appointments from lists of names
submitted by the county central committee of each party. If the county auditor fails to receive
the list at least forty-five days prior to an election, the county auditor shall make the
appointments.
Section 3. That § 12-4-10 be amended to read as follows:
12-4-10. The county auditor shall provide from the master registration file
, in paper or
electronic format, a separate list of the names and addresses of all registered voters in each
voting precinct as established pursuant to chapter 12-14, § 9-13-16, or 13-7-11 in the county,
which shall be known as the precinct registration list. The list for any voting precinct shall be
designed so that each name can be distinctly marked whenever the registrant presents himself
or herself for voting and shall contain a space in which may be recorded the record of any
challenge, affidavit, or other information as may be required. Each entry shall be made by the
precinct superintendent or precinct deputies when the voter presents himself or herself for
voting.
Section 4. That § 12-1-3 be amended to read as follows:
12-1-3. Terms used in this title mean:
(1) "Candidate," a person whose name is on the ballot or who is entitled to be on the
ballot to be voted upon for nomination or election at any election;
(2) "Election," any election held under the laws of this state;
(3) "Election officials," state and local officials charged with the duty of conducting
elections and the canvass of returns;
(4) "Elector," a person qualified to register as a voter, whether or not the person is
registered;
(4A) "Electronic pollbook," an electronic system containing both the registration list and
pollbook;
(5) "General election," the vote required to be taken in each voting precinct of the state
on the first Tuesday after the first Monday in November of each even-numbered year;
(6) "Party office," an office of a political party organization as distinct from a public
office;
(7) "Person in charge of an election," or "person charged with the conduct of an
election," the county auditor in all cases except local elections for a municipality,
school district, township, or other political subdivision, in which case it is the officer
having the position comparable to the auditor in that unit of government if not
specifically designated by law;
(8) "Petition," a form prescribed by the State Board of Elections, which contains the
question or candidacy being petitioned, the declaration of candidacy if required and
the verification of the circulator. If multiple sheets of paper are necessary to obtain
the required number of signatures, each sheet shall be self-contained and separately
verified by the circulator;
(9) "Petition circulator," a resident of the State of South Dakota who is at least eighteen
years of age who circulates nominating petitions or other petitions for the purpose of
placing candidates or issues on any election ballot;
(10) "Political party," a party whose candidate for Governor at the last preceding general
election at which a Governor was elected received at least two and one-half percent
of the total votes cast for Governor;
(10A) "Pollbook" or "poll list," a list containing in numerical order the names of all persons
voting at the election and type of ballot voted;
(10.1)(10B) "Polling place," a designated place voters may go to vote;
(11) "Primary" or "primary election," an election held at which candidates are nominated
for public office;
(12) "Public office," an elected position in government;
(12A) "Registration list," a list of eligible voters;
(13) "Registered mail," does not include certified mail;
(14) "Registration officials," the county auditor and deputies and other persons authorized
to assist in registration pursuant to chapter 12-4;
(14A) "Vote center," a polling place when the precinct has been defined as the entire
jurisdiction and an electronic pollbook is utilized;
(15) "Voter," a person duly registered to vote or one who is performing the act of voting.
Section 5. Whereas, this Act is necessary for the support of the state government and its
existing public institutions, an emergency is hereby declared to exist, and this Act shall be in
full force and effect from and after its passage and approval.