This bill amends existing provisions related to the testing and use of automatic tabulating equipment in elections in South Dakota. Key changes include the requirement that any automatic tabulating or electronic ballot marking system must enable voters to cast votes for all offices and measures they are entitled to vote on. The bill mandates that these systems must be certified by the United States Election Assistance Commission and approved by the State Board of Elections before distribution and use. Additionally, it prohibits the approval of systems that can connect to the internet or save/tabulate votes marked on the system. The bill also introduces a new requirement for vendors to provide the software source code of their systems for independent examination before approval.

Furthermore, the bill establishes that any previously approved systems will no longer be valid after a new system is approved, with a specific deadline set for systems approved before January 1, 2026, to be re-evaluated by July 1, 2026. It also outlines the responsibilities of vendors to maintain and update their systems, ensuring they operate with the latest software and security measures. The bill emphasizes transparency by requiring public access to reports generated during testing and mandates that any discrepancies found during post-election audits must be addressed. Overall, the legislation aims to enhance the integrity and security of the election process in South Dakota.

Statutes affected:
Introduced, 02/04/2026: 12-17B-2, 12-17B-5, 12-17B-5.1, 12-17B-12, 12-17B-18, 12-17B-19, 12-17B-20, 12-17B-22, 12-20-38, 12-17B-16, 12-17B-23, 12-17B-24, 12-17B-25