An Act to require certain reviews and updating of voter registration records and data sharing.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 12-4-18 be AMENDED:
12-4-18.
TheA
clerk of courts shall, within fifteen days after the close of each
month, prepare and
deliver to the auditor an abstract from the records
a list of the
names of personsindividuals
declared mentally incompetent
by the court in
the preceding month. The
notice
shall be sent
clerk
of courts shall provide, on a monthly basis, the name of each
individual declared mentally incompetent to
the county auditor of the county in which the
personthe
individual declared
incompetent resides.
Each county coroner shall prepare a list of the names of individuals that the county coroner has declared deceased over the course of a month. The county coroner shall, within five days after the end of each month, provide the name of each individual declared deceased to the county auditor and the register of deeds of the county in which the individual resided immediately preceding the individual's death.
On a monthly basis, the secretary of state shall determine if any individual included in the statewide voter registration file is also listed on the Social Security Death Index, the Social Security Administration's Master Death File, or included in an independent audit of the statewide voter registration file by a private entity that identifies deceased individuals as part of its business purpose. The secretary of state may only use a privately conducted independent audit of the statewide voter registration system for a monthly comparison if that audit was conducted in the one month immediately preceding the monthly comparison. The secretary of state shall, on a monthly basis, provide the name of each individual identified as deceased to the county auditor of the county in which the individual resided immediately preceding the individual's death.
TheEach
county auditor shall remove from the county's
master
registration list
thefile:
(1) The
names
of personsname
of each individual
identified as
mentally incompetent, in
accordance with the information provided pursuant to this section;
and
(2) The
names
of thosename
of each individual sentenced
to imprisonment in the federal penitentiary system
and may remove names published in an obituary;
and
(3) The name of each deceased individual, in accordance with the information provided pursuant to this section.
VoterThe
secretary of state shall, on a monthly basis, match voter
registration
records maintained in or transmitted to the statewide voter
registration file
shall be matched
with the death records maintained as vital statistics records by the
Department of Health and the records of felony convictions maintained
by the Unified Judicial System.
AnyThe
secretary of state shall remove any
voter identified as deceased under
this section or
who is serving a sentence for a felony conviction
shall be removed
from the voter registration records.
The secretary of state shall, on a monthly basis, prepare a list of individuals, by county, who were removed from the statewide voter registration file. After completion of the list, the secretary of state shall provide each county-specific list to the applicable county auditor.
The State Board of Elections may promulgate rules, pursuant to chapter 1-26, determining how voter registration records shall be matched under this section.
Section 2. That chapter 16-13 be amended with a NEW SECTION:
Each clerk of court shall forward, to the appropriate election official in the clerk of courts' county, information on any individual called for jury duty who is excused from jury duty because the individual has moved, has been convicted of a felony, is deceased, or is not a United State citizen. Upon receipt of such information, the election official receiving the information shall investigate to determine if the reported individual is listed in the county's master registration file and whether the individual is eligible to be registered as a voter.