This bill amends South Dakota's election law regarding the publication of ballot images and cast vote records from automatic tabulating equipment. It specifies that the process of tabulating votes must be directed by the election official in charge and must adhere to the equipment's specifications. The results produced by the equipment are classified as immediate unofficial returns and are to be made public. Additionally, the bill clarifies that any cast vote record or ballot images collected are considered public records, although the county auditor is not obligated to produce these records if the equipment does not generate them.

Furthermore, the bill introduces a new section that restricts the release of cast vote records or ballot images under certain conditions, such as if they contain identifiable voter information or if fewer than one hundred ballots were cast in a precinct without proper redaction or combination with other precincts. The governing body conducting the election is tasked with the costs associated with producing, storing, archiving, and releasing these records. This legislation aims to enhance transparency in the electoral process while also protecting voter privacy.

Statutes affected:
Introduced, 01/23/2026: 12-17B-13
Senate State Affairs Engrossed, 01/28/2026: 12-17B-13