South Dakota Codified Laws
Chapter 17B - Automatic Tabulating Systems
Section 12-17B-2 - Requirements for automatic tabulating, electronic ballot marking, and election voting equipment systems--Approval of changes or modifications.

12-17B-2. Requirements for automatic tabulating, electronic ballot marking, and election voting equipment systems--Approval of changes or modifications.
Any automatic tabulating or electronic ballot marking system used in an election shall enable the voter to cast a vote for all offices and on all measures on which the voter is entitled to vote. No automatic tabulating, electronic ballot marking, or election voting equipment system may be connected to the internet. No ballot marking device may save or tabulate votes marked on any system. Each system shall fulfill the requirements for election assistance commission standards certification and be approved by the State Board of Elections prior to distribution and use in this state. No system may be approved unless the system fulfills the requirements as established by the State Board of Elections. Any changes or modifications to an approved system shall be approved by the State Board of Elections prior to distribution and use.

Source: SL 1994, ch 110, §6; SL 2005, ch 92, §3; SL 2018, ch 81, §2, eff. Feb. 5, 2018.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 12 - Elections

Chapter 17B - Automatic Tabulating Systems

Section 12-17B-1 - Definition of terms.

Section 12-17B-2 - Requirements for automatic tabulating, electronic ballot marking, and election voting equipment systems--Approval of changes or modifications.

Section 12-17B-3 - Authority of governing body to adopt, experiment with or abandon system.

Section 12-17B-4 - Contract by political subdivision with county for use of system.

Section 12-17B-5 - Testing system before election--Public notice.

Section 12-17B-6 - Sufficient amount of equipment and supplies required.

Section 12-17B-6.1 - Electronic ballot marking system required where candidate for federal office on ballot.

Section 12-17B-7 - Voting instructions--Manner of giving instructions.

Section 12-17B-9 - Transporting sealed ballot box.

Section 12-17B-10 - Direction of proceedings at counting location--Open to public.

Section 12-17B-11 - Equal party representation amongst persons employed to receive, process or tabulate ballots--Submission of employee list--Oath required.

Section 12-17B-12 - Test of system repeated prior to counting ballots.

Section 12-17B-13 - Procedure for tabulating votes--Results as unofficial returns--Certification by board.

Section 12-17B-13.1 - Operation of automatic tabulating equipment--Return of ballots--Out-stacking of ballots.

Section 12-17B-15 - Sealing and storing tabulated ballots and program board.

Section 12-17B-16 - Recount procedures.

Section 12-17B-17 - Promulgation of rules.