State Board of Elections Adopted Rules Effective
July 4, 2005
Chapter 5:02:03
Forms for Registration
Sec.
5:02:03:00. Repealed.
5:02:03:01. Voter registration form.
5:02:03:01.01
to 5:02:03:11.
Repealed.
5:02:03:12. Agency voter registration instructions.
5:02:03:13. Voter registration instructions.
5:02:03:14. Acknowledgement notice for invalid or incomplete
voter registration applications.
5:02:03:15. Acknowledgement notice for valid voter
registrations.
5:02:03:16. Confirmation mailing notice.
5:02:03:17. Retention of confirmation mailing notice records.
5:02:03:18. Voter registration statistics.
5:02:03:19. Voter registration address
verification notice.
5:02:03:20. Potential duplicate notice.
5:02:03:21. Statement by person registering
without a driver’s license or social security number.
5:02:03:22. Parameters for voter registration verification with
driver’s license records.
5:02:03:23. Parameters for voter registration verification with
social security
administration
records.
5:02:03:01. Voter registration form
Prior to January 1, 2006, the voter registration form may follow the
specifications provided in this section that were in effect on March
26, 2004.
The
voter registration form shall be legibly printed. It is recommended
that the form be printed on 90-pound index stock 5 inches wide by
10.5 inches tall and horizontally perforated seven inches from the
top and scored for folding 3.5 inches from the top. The voter
registration form shall contain the following information:
South Dakota Voter Registration
Are you a citizen of the United
States of America? �Yes �No
Will you be 18 years of age on
or before election day? �Yes
�No
If you
checked ‘no’ in response to either of these questions, do not
complete this form.
VOTER REGISTRATION for __________ County, SD
Name
________________________________________________________________
(Last) (First) (Middle)
Residence Address
_____________________________________________________
City State Zip
Mailing Address (if different)
______________________________________________
City State Zip
If
residence address is a post office box, rural box, or general
delivery, you must give the location of your residence:
_____________________________________________
_____________________________________________________________________
Print
previous name, if changed:
___________________________________________
Driver
license number required:___________________
State of driver license issue: __
(if
you do not have a valid driver license, you must give the last four
numbers of your social security number)
Please
register me as a member of the __________ Party.
Birth
Date Required: __________ Phone Number: __________
I
declare, under penalty of perjury (5 years imprisonment and $5,000
fine), that: I am a citizen of the United States; I maintain my home
at the above address; I will be 18 on or before the next election; I
have not been judged mentally incompetent; and I am not currently
serving a sentence for a felony conviction which included
imprisonment, served or suspended, in an adult penitentiary system.
I authorize cancellation of my previous registration as written
below.
Dated
__________ Voter Signature __________________
For
county auditor's office use only:
____
________ _________ ________ _________ ________ ___________
_____
Ward Precinct Water
Dist Leg Dist Comm Dist Township
School Dist Other
(perforated)
Previous Voter Registration Information Required
I wish
to be registered as shown above. I was last registered with the
following name and address which will be cancelled:
Name_______________________________________________________________
Previous Address___________________________________________________
City______________________________________
State______ Zip_______
County_________________ Birth Date:
___________________
Driver
license number: _________________________
Dated_________________ Voter
Signature____________________________
If the
form is printed on index stock, on the reverse of the form above the
score must be the following:
_____________________ County Auditor
____________________________________
________________________, SD 57_____
An
alternative voter registration form may be printed on an 8.5 inch
wide by 11 inch tall paper in the following format:
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Voter Registration Application for
______________________ County |
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Use this form to: Register to vote or report
a name, address or party change. |
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Please print. Complete entire form.
Return this form to your county auditor. |
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The deadline for registration is 15 days
before any election. Your form must be received by the
auditor by this deadline if you are to vote in the next
election. Within 15 days
you will receive a notice of your registration. If you do
not, contact your county auditor. Any private person or
entity registering voters is required to provide you with
their contact information. |
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Are you a citizen of the
United States of America? □ Yes □ No |
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Will you be 18 years of
age on or before election day? □ Yes □ No |
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If you checked 'no' in response to either of
these questions, do not complete this form. |
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Last |
First |
Middle |
Circle one:
Jr Sr
II III IV |
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Residence Address |
Apt or Lot # |
City/Town |
State |
Zip |
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Mailing Address (if
different) |
City/Town |
State |
Zip |
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If residence address is
a post office box, rural box, or general delivery, you must
give the location of your residence: |
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Print previous name, if
changed: |
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Driver License Number
Required:
(if you do not have a
valid driver license, you must give the last four numbers of
your social security number) |
State of driver license
issue: |
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Please register me as a
member of the _____________________________Party. |
Birth Date Required: |
Phone Number: |
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I declare, under penalty
of perjury (5 years imprisonment and $5,000 fine), that: |
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* I am a citizen of the
United States; |
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* I maintain my home at
the above address; |
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* I will be 18 on or
before the next election; |
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* I have not been judged
mentally incompetent; |
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* I am not currently serving a sentence for a
felony conviction which included imprisonment, served or
suspended, in an adult penitentiary system. |
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* I authorize
cancellation of my previous registration as written below. |
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Dated ____/____/______ |
Voter Signature: |
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For county auditor's
office use only: |
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________ |
________ |
_____________________ |
________ |
_________________ |
_______ |
______ |
___ ___ |
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Ward |
Precinct |
Water |
Leg |
Comm |
Township |
School |
other |
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Previous Voter Registration Information
Required |
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I wish to be registered
as shown above. I was last registered with the following
name and address which will be cancelled: |
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Last |
First |
Middle |
Circle one:
Jr Sr
II III IV |
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Previous Address |
City/Town |
State |
Zip |
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County: |
Birth Date: |
Driver license number: |
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Dated ____/____/______ |
Voter Signature: |
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The deadline for registration is 15
days before any election. Your form must be received by the
auditor by this deadline if you are to vote in the next
election. If you give
this voter registration to a person who is not an election
official, the person (Bold) must (Unbold)
provide you in writing with their contact information should
you wish to check on the status of your registration.
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Within 15 days you will receive a notice
of your registration. If you do not, contact your county
auditor. |
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Source: 2 SDR 5, effective July 30, 1975; 5 SDR 31, effective
November 1, 1978; 6 SDR 25, effective September 24, 1979; 12 SDR 43,
effective September 23, 1985; 14 SDR 19, effective August 9, 1987;
16 SDR 20, effective August 10, 1989; 19 SDR 12, effective August 5,
1992; 21 SDR 77, effective October 24, 1994; 22 SDR 95, effective
January 18, 1996; 23 SDR 115, effective January 22, 1997; 25 SDR
167, effective July 6, 1999; 29 SDR 177, effective July 2, 2003; 30
SDR 171, effective May 10, 2004.
General Authority: SDCL 12-1-9(1).
Law
Implemented: SDCL 12-4-3,
12-4-6, 12-4-8.
5:02:03:12 Agency
voter registration instructions
The
declination form and instructions attached
to provided with each voter
registration form used by an agency which provides food stamps;
temporary assistance for needy families (TANF); the women, infants,
and children nutrition program (WIC); military recruitment; or
assistance to the disabled as provided by the Department of Human
Services must be in the following form:
South Dakota Agency Voter Registration Form
If you
are (bold) not registered (unbold)
to vote where you live now, would you like to apply to register to
vote here today? Yes______ No______
If you
do not check either box, you will be considered to have decided not
to register to vote at this time.
If
you register to vote, the information regarding the office to which
the application was submitted will remain confidential and be used
only for voter registration purposes.
If
you don’t register to vote, this decision will remain confidential
and be used only for voter registration purposes.
If you
would like help filling out the voter registration application form,
we will help you. The decision whether to seek or accept help is
yours. You may fill out the application form in private.
If you
believe that someone has interfered with your right to register or
to decline to register to vote, your right to privacy in deciding
whether to register or in applying to register to vote, or your
right to choose your own political party or other political
preference, you may file a complaint with the Secretary of State,
500 E. Capitol, Pierre, SD 57501, 605-773-3537.
Applying to register or declining to register to vote will not
affect the amount of assistance that you will be provided by this
agency.
You
can use this form to:
* Register to vote in South Dakota
* Change your registration name or address
* Change your party affiliation
To
register to vote in South Dakota, you must:
* Be a United States citizen
* Reside in South Dakota
* Be at least 18 years old on or before the next election
* Not be currently serving a sentence for a felony conviction which
included imprisonment, served or suspended, in an adult penitentiary
system
* Not be judged mentally incompetent by a court of law
To
register, please complete the entire registration card by printing
the requested information. If you are currently registered to vote,
please also fill out the attached cancellation card. Return the
registration card to the County Auditor in your county of residence
or to your local TANF, food stamp, WIC, military recruitment, or
Department of Human Services office. (Bold)The
deadline for registration is 15 days before any election. (Unbold)
You
will receive a notice from your county auditor that your
registration has been received. If you do not receive this notice
within 15 days, please contact your county auditor.
Source: 21 SDR 77, effective October 24, 1994; 23 SDR 115,
effective January 22, 1997; 29 SDR 177, effective July 2, 2003.
General Authority: SDCL 12-4-35.
Law
Implemented: SDCL 12-4-2.
5:02:03:13. Voter registration
instructions
The
instructions attached to each voter registration form other than
those used in the county auditor's office, the alternative form
provided in � 5:02:03:01, or those used by agencies listed in �
5:02:03:12 must be in the following form:
South Dakota Voter Registration Form
Please
follow these instructions carefully to ensure that your voter
registration is properly completed.
You
can use this form to:
*
Register to vote in South Dakota
*
Change your registration name or address
*
Change your party affiliation
To
register to vote in South Dakota, you must:
*
Be a United States citizen
*
Reside in South Dakota
*
Be at least 18 years old on or before the next election
*
Not be currently serving a sentence for a felony conviction which
included imprisonment, served or suspended, in an adult penitentiary
system
*
Not be judged mentally incompetent by a court of law
To
register, please complete the entire registration card by printing
the requested information. If you are currently registered to vote,
please also fill out the attached cancellation card. Return the
registration/cancellation card to the County Auditor in your county
of residence. Any private person or entity registering voters is
required to provide you with their contact information. (Bold)
The deadline for registration is 15 days before any election.
Your card must be received by the auditor by this deadline if you
are to vote in the next election. (Unbold)
Within
15 days you will receive a notice of your registration. If you do
not, contact your county auditor.
Source: 21 SDR 77, effective October 24, 1994; 23 SDR 115,
effective January 22, 1997; 29 SDR 177, effective July 2, 2003.
General Authority: SDCL 12-4-35.
Law
Implemented: SDCL 12-4-2;,12-4-3.
5:02:03:16. Confirmation mailing notice
The
mailing notice sent by forwardable mail
to confirm voter registration information must contain the following
information:
Voter
Registration Information
(List
voter's name, complete
mailing,
(postage)
address, complete
residence address, __________________ County Auditor
political party, ward,
precinct, _____________________________________
school district, county
commission _______________________ ,SD __________
district, legislative
district, water
district, township, and
location of
precinct polling place)
If
this information is correct and you Forwarding Service
Requested
wish to remain
registered to vote,
please check the first
box, sign below,
tear off this
preaddressed and prepaid
card and mail. If this
is not correct,
please see reverse side
for further
instructions.
(Bold)
You must check one: (Unbold)
o I
certify that the above
information is correct or has been
corrected; or
o I
certify that I have registered
(Voter's Name)
elsewhere and/or please cancel
my (Voter's Address)
registration.
(Voter's City, State, Zip)
Date
______________
Voter
Signature __________________
The
reverse side shall be in the following form:
Voter
Registration Confirmation
1. If
the information on the reverse side is correct
and (Postage Prepaid)
you wish to remain
registered to vote, please check
the first box, sign,
tear off, and return the attached card.
2. If
any of this information is not correct, please check
the first box, make the
appropriate changes, sign, tear
off, and return the
attached card. Your voter registration
will be changed to
reflect the information which you provide.
If you
indicate a residence address outside of
South
Dakota your registration county,
your voter registration will
be canceled; and we
encourage you to register to vote in (County Auditor's Address)
your new county or
state.
3. If
this card is not returned within 30 days, your
voter registration will
become inactive. With an
inactive registration
you will be able to vote by
signing an affirmation
of current address at your
polling place.
4. If
this card is not returned within 30 days and you
do not vote by the
second general election from today,
your registration will
be canceled.
5. If
you have registered to vote elsewhere, please
check the second box,
sign, and return.
Source: 21 SDR 77, effective October 24, 1994; 25 SDR 8, effective
August 3, 1998; 27 SDR 146, effective July 9, 2001.
General Authority: SDCL 12-1-9(1), 12-4-35.
Law
Implemented: SDCL 12-4-19, 12-4-19.1.
5:02:03:23. Parameters
for voter registration verification with social security
administration records
If the State of Driver License
Issuance field is marked “SN”, the voter registration fields to
be compared to the social security
administration records are:
�
SSN for an exact match with the last
four digits of the social security number
�
last name for an exact match with the
last name
�
first name for an exact match with the
first name
�
date of birth for an exact match of the
month and year
For each record checked, the
Social Security Administration will respond with one of the
following codes and the county auditor will take the action
indicated by the code:
|
Code |
Code Description |
County Auditor Action |
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S |
Invalid input data |
Correct data and
resubmit |
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T |
Multiple matches – all
deceased |
Withdraw registration
and investigate |
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V |
Multiple matches – all
alive |
Remains registered |
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W |
Multiple matches – at
least one alive and at least one deceased |
Withdraw registration
and investigate |
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X |
Single match – alive |
Remains registered |
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Y |
Single match – deceased |
Withdraw registration
and investigate |
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Z |
No match found |
Withdraw registration
and investigate |
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9 |
System Error |
Not returned to County –
Resubmitted by State |
Source:
General Authority: SDCL 12-4-5.5.
Law
Implemented: SDCL 12-4-5.5.
5:02:05:22. Provisional ballot envelope.
The
provisional ballot envelope shall be blue and in the following form:
Voter's Affirmation for a Provisional Ballot
My
voter registration was completed on or about the following date and
was left with the following person or agency for delivery to the
county auditor: _____________________
_____________________________________________________________________.
My name is ______________________, I reside at
____________________________, my mailing address is
_________________________________, my daytime telephone number is
____________ and my evening telephone number is ________________.
I
understand if the election authority determines that I am not
registered in this precinct and therefore not eligible to
vote in this precinct, my vote will not be counted. I further
understand that my vote may not be secret if only one provisional
ballot is cast in the precinct. I swear or affirm under penalty of
perjury that I registered and am eligible to vote in this precinct.
________________________________
_______________________
Signature of Voter
Date
To be
completed by a precinct election worker:
Precinct number _________________ Type
of ballot provided to voter ___________
_______________________________
Signature of precinct worker
Source: 29 SDR 177, effective July 2, 2003.
General Authority: SDCL 12-18-40.
Law
Implemented: SDCL 12-18-40.
5:02:08:21. Form of petition to increase or decrease number of
county commissioners
The petition to increase or decrease the number of county
commissioners shall be in the following form:
PETITION FOR CHANGE IN NUMBER OF COUNTY COMMISSIONERS
WE,
THE UNDERSIGNED qualified voters of _________________________
County, State of South Dakota, petition that the number of
commissioners for this county be (increased to five) (decreased to
three) and that the proposal be submitted to the voters of
_______________ County for their approval or rejection at the
primary general election to be held on November __
, 19 ________ .
The balance of this petition form is as prescribed in �
5:02:08:00.03.
Source: 10 SDR 27, effective September 26, 1983; 16 SDR 20,
effective August 10, 1989.
General Authority: SDCL 12-1-9(7).
Law
Implemented: SDCL 7-8-3.
Chapter 5:02:09
Automatic Tabulating Equipment
Sec.
5:02:09:01 Repealed.
5:02:09:01.01
Notice of testing automatic tabulating equipment.
5:02:09:01.02
Testing of tabulating equipment.
5:02:09:01.03
Test of direct recording electronic voting machines.
5:02:09:02
Approval of automatic tabulating systems required before
distribution.
5:02:09:02.01
Criteria for approving automatic tabulating systems.
5:02:09:02.02
Criteria for approving direct recording electronic voting
machines.
5:02:09:02.03
Criteria for approving electronic ballot marking systems.
5:02:09:03
Number of voting booths.
5:02:09:04
Test of preaudited ballots.
5:02:09:04.01 and 5:02:09:04.02 Repealed.
5:02:09:04.03
Arrangements for and conduct of voting in precincts where
automatic
tabulating
systems used.
5:02:09:04.04
Tabulation procedures.
5:02:09:05
Recount procedure.
5:02:09:06 and
5:02:09:08 Repealed.
5:02:09:09 Unnecessary items in the
pollbooks.
5:02:09:10 Repealed.
5:02:09:11
Official and unofficial election results.
5:02:09:11.01 to
5:02:09:12 Repealed.
5:02:09:13
Envelope for official returns.
5:02:09:14
Oath by tabulation center employees.
5:02:09:15 Repealed.
5:02:09:16
Recapitulation sheet.
5:02:09:17 Examination of voting booths - Retest of voting
devices on election day.
5:02:09:18 to 5:02:09:21 Repealed.
5:02:09:22 Counting
imperfectly marked optical scan ballots.
5:02:09:02.03. Criteria
for approving electronic ballot marking systems.
Before the State Board of Elections grants a certificate of
approval, the following capabilities of the electronic ballot
marking system must be demonstrated to the board or its designee.
The board may grant a certificate of approval for a system, if the
system fulfills the following requirements:
(1)
Accurately mark 250
ballots with at least 10 races on each ballot with no ballot jams;
(2)
If the system has the
capability of marking a ballot on the back side, the races must be
split between the front and back of the ballot;
(3)
Enables the voter to vote
in absolute secrecy;
(4)
Presents the entire ballot
to the voter in a series of sequential screens that include methods
to ensure the voter sees all ballot options on all screens before
completing the vote and allows the voter to review all ballot
choices before casting a ballot;
(5)
Prevents any voter
from selecting more than the allowable number of candidates for any
office to prevent overvoting, alerts the
voter on the screen if the voter attempts to overvote, and provides
information on how to correct the overvote;
(6)
Alerts the voter to
any undervote prior to marking the
ballot;
(7)
Accurately marks a paper
ballot for each vote for each position voted;
(8)
Is an electronic
computer-controlled voting system that provides for marking of votes
cast;
(9)
Has a battery back-up
system that, at a minimum, allows voting to continue uninterrupted
for two hours without external power;
(10)
Is designed to accommodate
multiple ballot styles in each election precinct and have an option
to handle multiple precincts;
(11)
Has a real-time clock
capable of recording and documenting the total time polls are open
in a precinct and capable of documenting the opening and closing of
polls;
(12)
Complies with the
disability voting requirements of the Help America Vote Act of 2002
as of January 1, 2005;
(13)
Has a color touch-screen
that is at least fifteen inches in diagonal measure;
(14)
Has an option to
accommodate a
voter who uses a mobility device without intervention
of the poll worker other than a minor adjustment such as the angle
of the display, and the voter must be able to vote in a face-first
position so that privacy is maintained with the ballot surface
adjusted to a vertical position;
(15)
Has wheels so that the
system may be easily rolled by one person on rough pavement and
rolled through a standard thirty-inch door frame if the net weight
of the system, or aggregate of voting device parts, is over twenty
pounds;
(16)
Has a method to activate
the system for each individual voter and which shall prevent any
voter from voting more than once;
(17)
Has internal operating
system software or firmware, that:
(a)
Is
specifically designed and engineered for the election application;
(b)
Is contained
within each voting device;
(c)
Is stored in
a nonvolatile memory within each terminal;
(d)
Includes
internal quality checks such as purity or error detection and
correction codes; and
(e)
Include
comprehensive diagnostics to ensure that failures do not go
undetected; and
(18)
Marks ballots that can be
accurately counted as provided in ARSD 5:02:09:02.01 for each
automatic tabulating system which will be counting ballots.
Source:
General Authority: SDCL 12-17B-17(1).
Law
Implemented: SDCL 12-17B-2.
Chapter 5:02:10
Absentee Voting
Sec.
5:02:10:01. Application for absentee ballot.
5:02:10:01.01. Receipt for absentee ballot.
5:02:10:01.02
Guidelines for acceptance of facsimile absentee ballot applications
from UOCAVA voters.
5:02:10:02. Envelope for transmitting ballot application to
superintendent of
elections.
5:02:10:03. Envelope for sending ballots to voter.
5:02:10:04. Instructions to absentee voters.
5:02:10:05. Official return envelope for ballots used in
voting.
5:02:10:06. Official record of absentee ballots delivered to
voters.
5:02:10:07. Repealed.
5:02:10:08. Envelopes for use with voting service and
overseas ballots.
5:02:10:01.02 Guidelines
for acceptance of facsimile absentee ballot applications from UOCAVA
voters.
The
person in charge of the election shall upon request make a fax
number or email address available to Uniform and Overseas Citizens
Absentee Voting Act (UOCAVA) voters for the purpose of sending a
facsimile or emailed image of their signed absentee ballot
application or request.
The
facsimile or emailed image must be legible. If the facsimile or
emailed image is from a UOCAVA voter located in the United States,
the application or request must have a legible notary seal or copy
of the voter’s identification card as required by SDCL 12-19-2.
If
the application or request is not legible, the person in charge of
the election shall attempt to notify the voter as soon as possible
by telephone or email if such contact information is provided.
Source:
General Authority: SDCL 12-1-9(4).
Law
Implemented: SDCL 12-19-2.3.