This bill amends South Dakota law regarding the handling and publication of ballot images and cast vote records from automatic tabulating equipment. It clarifies that while the results from such equipment are considered public records, the county auditor is not obligated to produce these records if the equipment does not generate them. Additionally, it defines "ballot image" and "cast vote record" for clarity. The results must be presented to the canvassing board for certification as official returns.
Furthermore, the bill introduces new restrictions on the release of cast vote records and ballot images. Specifically, it prohibits the release of these records if they contain identifiable voter information, are incomplete, or originate from precincts with fewer than one hundred ballots unless they are properly redacted or combined with other records. The jurisdiction conducting the election is also made responsible for all costs associated with the production and release of these records.
Statutes affected: Introduced, 01/23/2026: 12-17B-13
Senate State Affairs Engrossed, 01/28/2026: 12-17B-13
Enrolled, 02/26/2026: 12-17B-13