State Board of Elections Meeting
State Capitol, Pierre
December 14, 2004
meeting was called to order by chair Chris Nelson at 8:30a.m.on
December 14, 2004 with the following members responding:
Chris Nelson Gail Brock
Linda Lea Viken
Beth Benning (resigned)
Warne, Jennifer Jacobson and Chad Heinrich, Secretary of State's
staff; Julie Pearson, Pennington County; Sue Roust, Minnehaha
County; Shelly Pfaff, SD Coalition of Citizens with Disabilities;
Pam Lynde, Deuel County Auditor; Robert
Kean, SD Advocacy Services; Kay Schmidt,
Lake County Auditor; Rich Petersen, Brown and
Saenger; Adele Enright, Dewey
County Auditor; Shirley Finkbeine,
Deputy Dewey County Auditor; Sherri Sundem
Wald, Attorney General’s Office; Patty
McGee, Sully County Auditor; Bret Healy, Four Directions; Jason
Schulte, SD Democratic Party; Dave Henderson and Sanford
by Viken and seconded to approve the
amended minutes of the August 24, 2004 meeting.
Nelson submitted the proposed statute change from the State Tribal
Relations Committee to determine if the board wanted to place the
proposal on the agenda. Moved by Viken
and seconded to add the proposal to the agenda after the discussion
on issues from the August 24, 2004 BOE meeting.
thanked Carol Klumper for her years of
service on the board of elections and also noted that Gail Brock is
interested in serving another term. Both of their terms expire in
January, 2005. Beth Benning submitted
her resignation from the board. Appointments will be made by
Henderson and Sanford Morganstein were
present from Populex seeking
certification for the Populex Digital
Paper Ballot System. December 13, 2004 they demonstrated the
tabulation process with Kea Warne and met all the automated
tabulating system requirements. December 14, 2004 they demonstrated
the digital paper ballot system including the
opening/closing of the polls, voting process, voter key
key, printing unit, card stock and the bar code method that this
system uses. This system has the software that the auditors and/or
Secretary of State can program the ballot. Dave Henderson provided
documents stating how their system meets each certification criteria
for an automated tabulating system. South Dakota does not have a
certification category for a ballot marking device. This system has
been tested against the new 2002 standards and
Populex should be receiving their NASED number shortly.
Board members and members of the audience test voted on the digital
paper ballot system.
by Viken and seconded to certify the
automated tabulating portion of the Populex
digital paper ballot system, pending receipt of a NASED number and
recommend that the Secretary of State introduce legislation to
create a third category of voting machines that will include ballot
marking device machines.
by Brock and seconded to approve for certification the minor change
in the process of using one smart card and one password for the
DRE, version 4.7.5. Passed
discussed the 2004 changes in the absentee process. Presentations
regarding county experiences by Sue Roust, Minnehaha County Auditor,
Julie Pearson, Pennington County Auditor, Carol
Klumper, Union County Auditor and Karen
Layher, Grant County Auditor followed.
Schulte, SD Democratic Party thanked the auditors, Office of
Secretary of State and the Board of Elections members for all the
hard work put into the election process. The party would like to
see the absentee process be as open and easy as possible for the
stated that a letter submitted by Dorothy Pence was received and she
would like to see another step be added to the absentee process.
Addition of a second envelope for the voter to
put the voted ballot into before inserting into the absentee
envelope. No action taken.
Discussion and action was taken on recommendations to the Secretary
of State on several legislative proposals as follows:
by Layher and seconded to amend the
proposed changes to SDCl 12-19-2.1 to
read “In the event of confinement because of sickness or disability”
to define what is a confined voter. Passed.
by Viken and seconded to add a new
section in 12-19 to allow a voter to file a second absentee ballot
request in person or by mail to an updated address if the voter has
not voted or returned an absentee ballot.
by Viken and seconded to allow a second
absentee ballot to be sent if a person notifies the auditor that
their first ballot wasn’t received.
by Brock and seconded to adopt the proposed new section of 12-19-2.1
referring to the submission of absentee ballot application by
facsimile from a UOCAVA voter. Passed.
action taken on amendments to SDCL 12-1-12.
by Viken and seconded to define a
polling place instead of amending SDCL 12-1-12. Passed
by Brock and seconded to amend proposed changes to SDCL 12-19-43 to
include notifying the parties and requiring a resolution board to be
present if ballots are processed by an automatic tabulating machine
prior to the closing of the polls.
action taken on amendments to SDCL 12-7-7. Board would like Chris
to look into removing the requirement of listing the elector’s names
on the ballot.
by Viken and seconded to approve the
proposed changes to SDCL 12-4-1.1, 12-4-5.5 and 12-4-6.1.
by Brock and seconded to approve the proposed changes to SDCL
board reviewed the Minority Language Opt Out certificates submitted
by Day, Lyman, Marshall and Meade Counties.
Discussion on follow up issues from August 24, 2004 meeting as
gave a report on the Voter ID Implementation and how well that went
during the general election.
Viken would like the
Secretary of State’s Office to educate the parties on SDCL 12-15-1
to make them aware of this opportunity to supply a list of names to
the county auditor to appoint as election workers.
Viken would like the
Secretary of State’s Office to inquire from the auditors about
provisional ballots that were not counted. What was the reason they
weren’t counted and where did the voter state that they registered?
discussed the provisional ballot count procedure used in other
Viken discussed the
issue that not all county auditors attend the election training. No
action taken on making the training mandatory.
Discussed the voter ID bill from the State Tribal
Relations Committee. No action taken.
Jacboson updated the
state plan as required by HAVA. The updates to the state plan
included the following:
Changed the term of “Direct Recording Electronic (DRE)
voting machine” to “voter assist terminal”.
References to punch card ballots were removed because we no longer
have any counties using punch cards. The 2004 election changes were
listed in the plan. The procedure for the 5% match requirement for
Title II funds was added to the plan. The HAVA requirements that
South Dakota has met to date, were changed to reference as being
met. The process for the verification of last four digits of SSN
was listed to be pending due to delays by the SSA. How we met
each performance goal was listed in the plan.
by Viken and seconded to approve that
updates to the State Plan.
by Layher and seconded to adjourn at
Nelson, Secretary of State Kea Warne,