An Act to revise certain provisions pertaining to the destruction of ballots and pollbooks after an election.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 12-20-31 be AMENDED:
12-20-31.
The officer in
charge of an election may destroy voted ballots and pollbooks from a
nonfederal election
sixty
one hundred and eighty-two
days following the election at which such ballots were voted.
However, they may not be destroyed if any recount or contest of
such
an election is
pending,
if any civil action to preserve the ballots or pollbooks has
commenced, pursuant to 15-2-30
and 15-2-31,
or if the ballots or pollbooks are discoverable as a part of a civil
action that has commenced, pursuant to 15-2-30
and 15-2-31.
The officer in charge of an election may destroy voted ballots,
pollbooks and all other election material relating to a federal
election twenty‑two months after the election at which the
ballots were voted. For the purpose of this section, a federal
election is any election to nominate or elect persons to the United
States Congress or other national elected position, including
national issues or questions. If a ballot is used for a federal
election and a state or local election, the ballots and all other
election material shall be maintained for twenty‑two months.
All federal election material may be removed from the ballot box if
it is maintained in such a manner as to guarantee the safety and
integrity of such material.