12-19-49. Death of absentee voter prior to opening of polls--Ballot returned to person in charge--Election not invalidated by casting of ballot.
If, prior to the casting of absentee ballots, the person in charge of the election or absentee ballot counting board shall have sufficient cause to believe that any voter who has marked and forwarded an absentee ballot has died prior to the opening of the polls on the date of the election, the ballot of the voter shall be returned in the sealed return envelope with the evidence of death attached and the envelope marked "Unopened by reason of death of voter" to the person in charge of the election. The casting of any such ballot, however, shall not invalidate the election.
Source: SL 1976, ch 108, ยง11.
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.