12-19-2. Application for absentee ballot--Contents--Address to which ballot sent--Stamping date of receipt--Delivery.
An absentee voter desiring to vote by mail may apply to the person in charge of the election for an absentee ballot. The application or request shall be made in writing, signed by the applicant, and shall contain the applicant's voter registration address. The application or request shall contain an oath verifying the validity of the information in the application or request. The oath shall be administered by a notary public or other officer authorized by this state to administer an oath or administered by an out-of-state notary public. If the application or request does not contain an oath, the application or request shall be accompanied by a copy of the voter's identification card as required by §12-18-6.1. The copy of the voter's identification card shall be maintained by the person in charge of the election pursuant to §12-20-31. However, the voter's identification card is not available for public inspection. The application or request may be used to obtain an absentee ballot for all elections in that calendar year conducted by the jurisdiction receiving the application or request if so indicated. The ballot shall be sent to the voter's residence, as shown in the voter registration file or any temporary residence address designated in writing by the voter, at the time of applying for the absentee ballot. If the application or request is from a voter identified as being covered by the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) as of January 1, 2010, the voter may designate on the application for the ballot to be sent electronically pursuant to this section through the system provided by the Office of the Secretary of State. The person in charge of the election shall stamp the application with the date it was received. The person in charge of the election shall preserve a record of the name, mailing address, and voting precinct of each applicant and, except as provided by §12-19-45, deliver a copy of the record to the superintendent of the election board of the home precinct of the applicant.
Source: SDC 1939, §16.0606; SL 1944 (SS), ch 2, §3; SL 1957, ch 85, §§2, 3; SDC Supp 1960, §§16.0611, 16.0612; SL 1963, ch 110, §1; SL 1964, ch 59; SL 1967, ch 72; SDCL §§12-19-22, 12-19-24, 12-19-25; SL 1974, ch 118, §134; SL 1976, ch 105, §61; SL 1976, ch 108, §10; SL 1980, ch 115, §2; SL 1983, ch 113; SL 1984, ch 111; SL 1988, ch 132; SL 1992, ch 115, §1; SL 1993, ch 116, §2; SL 2002, ch 40, §18; SL 2003, ch 82, §3; SL 2003, ch 83, §14; SL 2004, ch 109, §1; SL 2006, ch 72, §1; SL 2010, ch 74, §14; SL 2014, ch 72, §1, eff. Feb. 19, 2014; SL 2017, ch 2, §5.
Structure South Dakota Codified Laws
Section 12-19-1 - Absentee ballot--Persons entitled to vote.
Section 12-19-1.1 - Affirmation of address by voter in inactive registration file.
Section 12-19-1.2 - Time for absentee voting.
Section 12-19-2.2 - Authorized messenger for more than one voter.
Section 12-19-2.4 - Multiple applications or requests for ballots and multiple ballots--Application.
Section 12-19-2.6 - Preference and selection of ballot style for independent in primary election.
Section 12-19-3 - Forwarding of ballot to voter--Instructions and return envelope.
Section 12-19-4 - Voter's statement on return envelope--Federal service voting forms.
Section 12-19-7.1 - Candidates and election officials not to serve as authorized messenger.
Section 12-19-7.2 - Display of campaign material by messenger as misdemeanor.
Section 12-19-9.2 - Marking and return of ballot on death of voter before opening of polls.
Section 12-19-10.1 - County auditor validation of absentee ballot signatures.
Section 12-19-11 - Preservation and return of application and return envelope.
Section 12-19-12 - Delivery of absentee ballot to polling place after close of polls.
Section 12-19-14 - Unlawful disposition of ballot or ballot link as misdemeanor.
Section 12-19-32 - Ballot not invalidated by federal censorship.
Section 12-19-33 - Failure to deliver or tampering with ballot as felony.
Section 12-19-34 - Informalities do not invalidate election--Liberal construction.
Section 12-19-37 - Absentee ballot precincts--Creation--Absentee ballot counting board.
Section 12-19-38 - Appointment of absentee ballot counting board--Number of members.
Section 12-19-39 - Oath of board members--Compensation.
Section 12-19-41 - Powers and duties of absentee ballot counting board.
Section 12-19-42 - Envelope containing voted ballots kept closed--Delivery to county board.
Section 12-19-43 - Review--Sorting--Processing--Absentee Ballots.
Section 12-19-44 - Counting process open.
Section 12-19-46 - Commencement of count when polls close--Place.
Section 12-19-47 - Processing of absentee ballots.
Section 12-19-48 - Delivery of absentee ballot after polls are closed.
Section 12-19-50 - Forms for recording tally--Special pollbook--Tally added to home precinct totals.
Section 12-19-52 - Electronic voting systems.
Section 12-19-53 - Contracting for services of county auditor from another county.