An Act to revise certain provisions pertaining to poll watchers.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 12-18-9 be AMENDED:
12-18-9.
Any
person, except a candidate who is on the ballot being voted on at
that polling place, may be present at any polling place for the
purpose of observing the voting process. Any person may be present to
observe the counting process. A candidate who is on the ballot being
voted on at a polling place may only be present to cast the
candidate's vote during voting hours. A
number of poll watchers shall be permitted for each candidate at a
primary election or political party and independent candidate at a
general election pursuant to 12-18-8.1.
Each polling place shall be arranged in a manner that permits each
poll watcher to be positioned in a location where the poll watcher
can plainly see and hear what is done within the polling place
At a general, primary, or special election pursuant to 12-18-8.1, any candidate, party, or ballot question committee as defined in 12-27-1 is entitled to have a poll watcher present at any polling place for the purpose of observing the voting and counting process. This section may not apply to a candidate who is on the ballot being voted on at a polling place, and the candidate may only be present to cast the candidate's vote during voting hours.
The observation areas may not be less than three feet nor more than six feet from the table at which voters announce their name and address to be issued a ballot at the polling place. The observation areas must be so positioned to permit any poll watcher to plainly see and hear all public aspects of the voting process.
A violation of this section is a Class 2 misdemeanor.
Section 2. That 12-1-3 be AMENDED:
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;
(5) "Electronic pollbook," an electronic system containing both the registration list and pollbook;
(6) "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;
(7) "Paid circulator," any person who receives money or anything of value for collecting signatures for a petition;
(8) "Party office," an office of a political party organization as distinct from a public office;
(9) "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;
(10) "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;
(11) "Petition circulator," a resident of the State of South Dakota as defined under 12-1-4, 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;
(12) "Political party," beginning with the 2014 general election and each general election thereafter, a party whose candidate for any statewide office received at least two and one-half percent of the total votes cast for that statewide office in either of the two previous general election cycles;
(13) "Pollbook" or "poll list," a list containing in numerical order the names of all persons voting at the election and type of ballot voted;
(14) "Polling place," a designated place voters may go to vote;
(15) "Poll watcher," a person appointed to observe the conduct of an election on behalf of a candidate, a political party, or a ballot question committee;
(15)(16) "Primary"
or "primary election," an election held at which candidates
are nominated for public office;
(16)(17) "Public
office," an elected position in government;
(17)(18) "Registration
list," a list of eligible voters;
(18)(19) "Registered
mail," does not include certified mail;
(19)(20) "Registration
officials," the county auditor and deputies and other persons
authorized to assist in registration pursuant to chapter 12-4;
(20)(21) "Vote
center," a polling place when the precinct has been defined as
the entire jurisdiction and an electronic pollbook is utilized;
(21)(22) "Voter,"
a person duly registered to vote or one who is performing the act of
voting;
(22)(23) "Independent
(IND)" or "no party affiliation (NPA)," any currently
registered voter who writes independent, I, Ind, no party
affiliation, no party, no choice, nonpartisan, or line crossed off in
the choice of party field on the voter registration form and any
individual who is not currently registered to vote who leaves the
choice of party field blank on the voter registration form;
(23)(24) "Independent
candidate," notwithstanding the definition of independent as
stated in this chapter, any registered voter regardless of party
affiliation who declares to be an independent candidate for public
office pursuant to this chapter;
(24)(25) "Other,"
any voter who writes a political party not recognized in South Dakota
in the choice of party field on the voter registration form.
Section 3. That chapter 12-20 be amended with a NEW SECTION:
The process of sorting, validating, and counting of ballots must be open to poll watchers for the purpose of observing the process. Poll watchers shall keep a reasonable distance from ballots and identification information to protect the privacy of voters. No record associating an individual voter with a ballot may be created. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, setting the number of poll watchers allowed for the sorting, validating, and counting of ballots.
A violation of this section is a Class 2 misdemeanor.
Section 4. That chapter 12-21 be amended with a NEW SECTION:
A meeting of a recount board pursuant to this chapter must be open to the public. Members of the general public shall keep a reasonable distance from ballots.
A violation of this section is a Class 2 misdemeanor.