Read the full stored bill text
26.521.15 101st Legislative Session 1084
2026 South Dakota Legislature
House Bill 1084
ENROLLED
AN ACT
ENTITLED An Act to amend provisions pertaining to the public availability of
information contained in certain records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-4-2 be AMENDED:
12-4-2. The county auditor has complete charge of maintaining and safeguarding
the voter registration records in the county. The county auditor shall retain all voter
registration records in the auditor's office in paper or electronic form. Except as provided
in §§ 12-4-9, 12-4-9.2, and 12-4-9.3, the records must be open to public inspection at all
times during office hours.
Voter registration must be conducted by each county auditor and municipal finance
officer. Voter registration forms must be available at the secretary of state's office and at
any location that:
(1) Issues driver licenses;
(2) Engages in military recruitment;
(3) Assists disabled individuals under programs of the Department of Human Services;
or
(4) Allows for an individual to apply for:
(a) Supplemental nutrition assistance program benefits;
(b) Temporary assistance for needy families;
(c) Benefits under the women, infants, and children supplemental nutrition
program; or
(d) Medicaid benefits.
Section 2. That § 12-4-9 be AMENDED:
12-4-9. The county auditor shall maintain and safeguard a digital master
registration file that contains:
26.521.15 2 1084
HB1084 ENROLLED
(1) The information from the voter registration card of each individual registered to
vote in the county;
(2) The date of the last election at which the individual has voted;
(3) The date when the individual's voter information was last updated; and
(4) Any application made by an individual to vote by absentee ballot, including:
(a) The mailing address listed on the absentee ballot application form;
(b) The absentee ballot requested on the application;
(c) The date the absentee ballot was requested;
(d) The date that the absentee ballot was returned; and
(e) The method of absentee voting employed by the individual.
Except as otherwise provided in this section, § 12-4-9.2, or 12-4-9.3, the master
registration file must be open to public inspection, free of charge. An individual's social
security number, driver license number, South Dakota nondriver identification number, or
month and day of birth is not open to public inspection.
The county auditor shall produce a record of all the information contained in the
master registration file the day before any primary or general election scheduled within
the county by 11:59 p.m. The county auditor shall maintain a rolling five -year archive of
historical information from the master registration file.
The county auditor shall keep a voter registration form for a purged or unregistered
voter twenty-two months. No purged or unregistered voter may be included in the master
registration file.
Section 3. That § 12-4-9.3 be AMENDED:
12-4-9.3. Any personally identifiable information contained in the statewide or
county master registration file is not available to the public if the information pertains to:
(1) A current or retired state or federal court judge or justice; and
(2) A law enforcement officer, as defined in § 22-1-2.
The Unified Judicial System shall coordinate with the United States Eighth Circuit
Court of Appeals and the United States District Court for the District of South Dakota to
provide the secretary of state with a list of individuals whose personally identifi able
information is not open to public inspection, pursuant to subdivision (1). The director of
the Division of Criminal Investigation shall provide the secretary of state with a list of the
law enforcement officers for purposes of subdivision (2).
26.521.15 3 1084
HB1084 ENROLLED
For purposes of this section, "personally identifiable information" means any home
address, home or personal telephone number, or personal e -mail address. The city and
county where the official is a resident is a public record.
A violation of this section does not create a private right of action.
Section 4. That § 12-4-37.1 be AMENDED:
12-4-37.1. The secretary of state shall establish and maintain a rolling five -year
historical archive of the complete statewide voter registration file, including the weekly
updates published by the secretary pursuant to this section.
The information contained in the historical archive of the statewide voter
registration file must be made available free of charge.
An individual's social security number, driver license number, South Dakota
nondriver identification number, and month and day of birth contained in the historical
archive of the statewide voter registration file are not open to public inspection. Any home
address, home or personal telephone number, or the personal e -mail address contained
in the historical archive of the statewide voter registration file is not open to public
inspection if the information is for:
(1) A current or retired state or federal court judge or justice; and
(2) A law enforcement officer, as defined in § 22-1-2.
The city and county where the official is a resident is a public record.
26.521.15 4 1084
HB1084 ENROLLED
An Act to amend provisions pertaining to the public availability of information contained in
certain records.
I certify that the attached Act originated in
the:
House as Bill No. 1084
Chief Clerk of the House
Speaker of the House
Attest:
Chief Clerk of the House
President of the Senate
Attest:
Secretary of the Senate
House Bill No. 1084
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2026 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2026
Governor
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________, 2026
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State