The bill amends South Dakota's election law regarding the marking of optical scan ballots. It specifies that the person in charge of the election must provide a black ink pen for each in-person voter to mark their choice on the ballot. Additionally, it requires that voters applying for absentee ballots receive instructions to use a black ink pen as well.

Furthermore, the bill stipulates that ballots marked with any writing instrument other than a black ink pen cannot be disqualified by the election official. This change aims to standardize the marking process for optical scan ballots and ensure that all voters are aware of the requirements for their ballots to be valid.

Statutes affected:
Introduced, 01/29/2026: 12-18-16.1
Senate State Affairs Engrossed, 02/06/2026: 12-18-16.1