ENTITLED An Act to modify certain provisions pertaining to absentee voting.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 12-19-2 be AMENDED:
12-19-2. A voter desiring to vote by mail may apply to the person in charge of the election for an absentee ballot. The application or request must be made in writing, signed by the applicant, and must contain the applicant's voter registration address. The application or request must contain an oath verifying the validity of the information in the application or request. The oath must be administered by a notary public or other officer authorized by this state to administer an oath or administered by an out-of-state notary public. If the application or request does not contain an oath, the application or request must be accompanied by a copy of the voter's identification card as required by 12-18-6.1. The copy of the voter's identification card must be maintained by the person in charge of the election pursuant to 12-20-31. The voter's identification card is not available for public inspection. The application or request may be used to obtain an absentee ballot for all elections in that calendar year conducted by the jurisdiction receiving the application or request if so indicated. The ballot must be sent to the voter's residence, as shown in the voter registration file or any temporary residence address designated in writing by the voter, at the time of applying for the absentee ballot. If the application or request is from a voter identified as being covered by the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. 20301 et seq., as of January 1, 2023, the voter may designate on the application for the ballot to be sent electronically pursuant to this section through the system provided by the Office of the Secretary of State. The person in charge of the election shall stamp the application with the date it was received. The person in charge of the election shall preserve a record of the name, mailing address, and voting precinct of each applicant and, except as provided by 12-19-45, deliver a copy of the record to the superintendent of the election board of the home precinct of the applicant.
Section 2. That 12-19-2.2 be AMENDED:
12-19-2.2. If a person is an authorized messenger for more than one voter, the person must notify the person in charge of the election of all voters for whom that person is a messenger. The person in charge of the election shall keep a record of the authorized messenger requesting an absentee ballot to be delivered to another voter.
Section 3. That 12-19-2.3 be AMENDED:
12-19-2.3. Any voter identified as being covered by the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. 20301 et seq., as of January 1, 2023, may submit an application or request for an absentee ballot by facsimile or emailed image to the person in charge of the election. The secretary of state may authorize a person in charge of an election to accept an application or request for an absentee ballot pursuant to this section through the system provided by the Office of the Secretary of State.
Section 4. That 12-19-2.5 be AMENDED:
12-19-2.5. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, to prescribe the absentee application form and a combined absentee ballot application form and return envelope for absentee voting in the office of the person in charge of the election. The application may be made by letter or upon any form containing the required information or upon any form prescribed by the State Board of Elections or the postcard form referred to in 12-4-8.1, executed by any person authorized in accordance with the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. 20301 et seq., as of January 1, 2023.
Section 5. That 12-19-4 be AMENDED:
12-19-4. The return envelope for the absentee ballot must have printed on the reverse thereof a statement to be signed by the voter. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the forms for the return envelope, ballots, and instructions to the voter.
Section 6. That 12-19-5 be AMENDED:
12-19-5. The envelope containing the enclosures, if not delivered to the voter personally by the person in charge of the election or the authorized messenger filing the voter's request for an absentee ballot, must, except for federal service voters, be mailed by first class mail to the address of the applicant stated in the application, with postage prepaid thereon.
The return envelope and the envelope for transmitting the enclosures to federal service voters must meet the requirements of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. 20301 et seq., as of January 1, 2023, and must be transmitted by air mail, free of United States postage, including air mail.
No public official may mail an absentee ballot to a voter after the Monday prior to election day.
Section 7. That 12-19-7 be AMENDED:
12-19-7. A voter voting an absentee ballot shall mark it and fold it without revealing the marks to any other person. The voter shall place the voted ballots in the return envelope provided and seal the envelope. The voter shall sign the statement on the return envelope. The voter shall return the ballot to the office of the person in charge of the election by:
(1) Mailing the ballot;
(2) Delivering the ballot in person; or
(3) Providing the ballot to an absentee ballot messenger to deliver the ballot in person as prescribed by this chapter.
Section 8. That 12-19-7.1 be AMENDED:
12-19-7.1. No person who is a candidate for any elective office, except for political party offices described in 12-5-2 or county auditor or such deputy, at the election for which the ballot or ballots are to be voted, may serve as an authorized messenger. A violation of this section is a Class 2 misdemeanor.
Section 9. That 12-19-9 be AMENDED:
12-19-9. An authorized messenger shall deliver the absentee ballot to the office of the person in charge of the election unless there is not sufficient time for the person in charge of the election to transmit the absentee ballot to the voter's home precinct or a vote center as prescribed by 12-14-17. In that instance, the authorized messenger shall personally deliver the absentee ballot to the precinct superintendent of the voter's home precinct. If the authorized messenger requests a receipt when returning the absentee ballot, the person in charge of the election shall provide the authorized messenger a receipt.
Section 10. That 12-19-9.1 be AMENDED:
12-19-9.1. If there is any nursing facility, assisted living center, or hospital, as defined in 34-12-1.1, within any county from which there might reasonably be expected to be five or more absentee applications, the county auditor shall notify the person in charge of that facility and the chair of the county central committee of each party and any other person who has filed a request to be notified of the date and time at which representatives of the auditor's office will be present to assist the residents of that facility to vote, utilizing the absentee procedure. Any political party, independent candidate, and nonpolitical candidate may assign a person to accompany the county auditor's representatives. At the date and time announced, the county auditor's representative shall deliver ballots to and assist all persons at that facility who desire assistance to vote. This section applies only to a primary or general election.
If a person in charge of an election conducts absentee voting at a nursing facility, assisted living center, or hospital, as defined in 34-12-1.1, the voter shall complete a combined absentee ballot application form and return envelope, and the identification and affidavit requirements provided in 12-19-2.1 are waived. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the procedures by which the county auditor will conduct absentee voting, collect completed ballots, and secure completed ballots at a nursing facility, assisted living center, or hospital, as defined in 34-12-1.1.
Section 11. That 12-19-9.2 be AMENDED:
12-19-9.2. If, prior to the casting of absentee ballots, it is made to appear by due proof to the county auditor or election board that any voter who has marked and forwarded an absentee ballot is no longer eligible to vote due to death, felony conviction, or mental incompetence prior to the opening of the polls on the date of the election, the ballot of the voter must be returned in the sealed return envelope with the evidence of the disqualifying factor listed in this section attached and the envelope marked accordingly with one of the following statements:
(1) Unopened by reason of death of voter;
(2) Unopened by reason of felony conviction of voter; or
(3) Unopened by reason of mental incompetence of voter.
The marked envelope must be returned to the officer in charge of the conduct of the election. A returned absentee ballot deemed ineligible may not be opened or counted. The casting of any such ballot shall not inva