provide for the publication of ballot images and the cast vote record of automatic tabulating equipment.

26.265.22 101st Legislative Session 114

2026 South Dakota Legislature
Senate Bill 114
ENROLLED

AN ACT

ENTITLED An Act to provide for the publication of ballot images and the cast vote
record of automatic tabulating equipment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-17B-13 be AMENDED:
12-17B-13. The process of tabulating the votes using the automatic tabulating
equipment must be under the direction of the person in charge of the election, and must
conform to the specifications and requirements of the automatic tabulating equipment.
The results printed by the automatic tabulating equipment are the immediate
unofficial returns. These returns and any cast vote record or ballot images collected by
the automatic tabulating equipment are public records under chapter 1-27. The county
auditor is not required to produce a cast vote record or collection of ballot images, if the
operating software of the automatic tabulating equipment used in a county does not
produce a cast vote record or ballot images.
The results printed by the automatic tabulating equipment must be presented to
the canvassing board for review and certification as the official returns.
For purposes of this section, "ballot image" means a digital rendering or facsimile
of a paper ballot tabulated in the election.
For purposes of this section, "cast vote record" means an electronic record of how
the marks on a ballot are tabulated as a vote for a candidate or other ballot question.
Section 2. That a NEW SECTION be added to chapter 12-17B:
Notwithstanding the provisions of § 12-17B-13, the governing body of the
jurisdiction conducting the election may not release any cast vote record or collection of
ballot images if the cast vote record or any ballot image:
(1) Indicates the date, time, or order in which a ballot was cast;
26.265.22 2 114
SB114 ENROLLED
(2) Contains any unredacted personal information that may be used to identify the
voter who cast the ballot;
(3) Provides the tabulating equipment's data in the order in which the data was
generated;
(4) Does not include all the ballots that were cast at the precinct polling place or vote
center;
(5) Is from a precinct polling place or vote center in which fewer than one hundred
ballots were cast, and the cast vote record or ballot images have not been:
(a) Redacted to exclude the ballot style name, ballot style number, and any
contest that is unique to the precinct; and
(b) Combined with the cast vote record or ballot images from at least one other
precinct or vote center to be released as a collection that contains more
than one hundred ballots; or
(6) Is related to a ballot style of which fewer than one hundred ballots were cast, and
the cast vote record or ballot images have not been:
(a) Redacted to exclude the ballot style name, ballot style number, and any
contest that is unique to the ballot style; and
(b) Combined with the cast vote record or ballot images related to another
ballot style to be released as a collection that contains more than one
hundred ballots.
The jurisdiction conducting the election is responsible for all expenses associated
with producing, storing, archiving, and releasing a cast vote record or a collection of ballot
images.
26.265.22 3 114
SB114 ENROLLED
An Act to provide for the publication of ballot images and the cast vote record of automatic
tabulating equipment.

I certify that the attached Act originated in
the:

Senate as Bill No. 114

Secretary of the Senate

President of the Senate

Attest:

Secretary of the Senate

Speaker of the House

Attest:

Chief Clerk of the House

Senate Bill No. 114
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