South Dakota Codified Laws
Chapter 26 - Offenses Against The Elective Franchise
Section 12-26-16 - Acceptance of bribe by voter as misdemeanor--Acts constituting acceptance of bribe.

12-26-16. Acceptance of bribe by voter as misdemeanor--Acts constituting acceptance of bribe.
It is a Class 2 misdemeanor for any person, directly or indirectly, by himself or through any other person:
(1)To receive, agree, or contract for, before or during any election, any money, gift, loan, or other valuable consideration, offer, place, or employment for himself or any other person, for voting or agreeing to vote, or for going or agreeing to go to the polls, or for remaining away or agreeing to remain away from the polls at any such election;
(2)To receive any money or other valuable thing during or after an election, for himself or any other person for having voted or refrained from voting at such election, or on account of himself or any other person having voted or refrained from voting for any particular person at such election, or on account of himself or any other person having gone to the polls or remained away from the polls at such election, or on account of having induced any other person to vote or refrain from voting, for any particular person at such election.

Source: SL 1891, ch 58, §2; RPenC 1903, §57; RC 1919, §3649; SDC 1939, §13.0921; SL 1982, ch 86, §122.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 12 - Elections

Chapter 26 - Offenses Against The Elective Franchise

Section 12-26-1 - Elections to which chapter applies.

Section 12-26-3 - False representation to procure registration or acceptance of vote as misdemeanor--Failure to deny false statement as misrepresentation.

Section 12-26-4 - Voting or offer to vote by unqualified person as misdemeanor.

Section 12-26-7 - Impersonation of registered voter as felony.

Section 12-26-8 - Voting more than once at any election as felony.

Section 12-26-9 - Good faith defense to prosecution for illegal voting.

Section 12-26-10 - Threats or intimidation to prevent public assembly of electors as misdemeanor--Hindering attendance at meeting.

Section 12-26-11 - Disturbance of public meeting of voters as misdemeanor.

Section 12-26-12 - Persecution, threats, or intimidation to influence vote as misdemeanor--Obstruction of voter on way to polls.

Section 12-26-13 - Unlawful influence of employees' political activities or voting as misdemeanor--Forfeiture of corporate charter.

Section 12-26-14 - Use of public relief, loans, or grants to influence political activity or vote as misdemeanor.

Section 12-26-15 - Bribery of voter as misdemeanor--Acts constituting bribery.

Section 12-26-16 - Acceptance of bribe by voter as misdemeanor--Acts constituting acceptance of bribe.

Section 12-26-17 - Bribery or acceptance of bribe as infamous crime--Forfeiture of office.

Section 12-26-19 - Betting with intent to procure challenge as misdemeanor.

Section 12-26-21 - Disobedience of precinct superintendent or precinct deputy as misdemeanor.

Section 12-26-22 - Disturbance of election proceedings as misdemeanor.

Section 12-26-23 - Tampering with ballots, ballot box, or poll list as felony.

Section 12-26-23.1 - Tampering with automatic ballot counting devices, direct recording electronic voting machines, and electronic ballot marking systems as felony.

Section 12-26-24 - Exclusion by precinct superintendent or precinct deputy of lawful vote as misdemeanor.

Section 12-26-25 - False count or return by election official as misdemeanor--Defacement or concealment of statement or certificate.

Section 12-26-27 - Bribery of election official as misdemeanor.

Section 12-26-28 - Offenses relating to election on submitted question.

Section 12-26-29 - Prevention of unlawful election not prohibited.

Section 12-26-30 - Irregularities in proceedings not a defense.

Section 12-26-31 - Offender as witness against another--Compelling testimony--Immunity from prosecution.