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26.915.14 101st Legislative Session 176
2026 South Dakota Legislature
Senate Bill 176
ENROLLED
AN ACT
ENTITLED An Act to amend the period of time before which ballots and other election
materials may be destroyed following an election.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That a NEW SECTION be added to chapter 9-13:
The returns from a municipal election must be certified by the precinct election
board in each polling place, and the ballots, properly sealed in ballot boxes, together with
the pollbooks, must be placed in the custody of the municipal finance officer.
The finance officer may destroy voted ballots, pollbooks, and all other election
material relating to a municipal election twenty-two months after the election at which the
ballots were voted.
Section 2. That § 12-20-31 be AMENDED:
12-20-31. The person in charge of an election may destroy voted ballots,
pollbooks, and all other election material relating to a nonfederal election twenty -two
months after the election at which the ballots were voted.
The person in charge of an election may destroy voted ballots, pollbooks and all
other election material relating to a federal election twenty-two months after the election
at which the ballots were voted.
For purposes of this section, a federal election is any election to nominate or elect
persons to the United States Congress or other national elected position, including national
issues or questions. If a ballot is used for a federal election and a state o r local election,
the ballots and all other election material must be maintained for twenty -two months. All
federal election material may be removed from the ballot box if it is maintained in such a
manner as to guarantee the safety and integrity of such material.
Section 3. That § 13-7-17 be AMENDED:
26.915.14 2 176
SB176 ENROLLED
13-7-17. The returns from a school district election must be certified by the
precinct election board in each polling place, and the ballots, properly sealed in ballot
boxes, together with the pollbooks, must be placed in the custody of the school district's
business manager.
The business manager may destroy voted ballots, pollbooks, and all other election
material relating to a school district election twenty-two months after the election at which
the ballots were voted.
26.915.14 3 176
SB176 ENROLLED
An Act to amend the period of time before which ballots and other election materials may be
destroyed following an election.
I certify that the attached Act originated in
the:
Senate as Bill No. 176
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. 176
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