amend provisions pertaining to the publication of the statewide voter registration file.

26.959.15 101st Legislative Session 214

2026 South Dakota Legislature
Senate Bill 214
ENROLLED

AN ACT

ENTITLED An Act to amend provisions pertaining to the publication of the statewide
voter registration file.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-4-37 be AMENDED:
12-4-37. The secretary of state shall establish and maintain a computerized
system for maintaining and utilizing the voter registration file.
Each county auditor shall transmit daily any changes to the master registration file
or the absentee voter log to the secretary of state using the computerized system
maintained by the secretary of state.
The county auditor shall transmit updated information contained in the county
voter registration system, including voter registration information and voter election
history information, to the secretary of state not later than July fifteenth after each
primary election and December fifteenth after each general election.
The secretary of state shall post the complete statewide voter registration file to
the secretary's website before 11:59 p.m. central time each Monday. The weekly post of
the statewide voter registration file must contain any updates to the information in the
county master registration file, pursuant to § 12-4-9.
Section 2. 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
post of the statewide voter registration file, published by the secretary pursuant § 12-4-
37. The secretary shall publish and maintain the rolling five-year historical archive on the
secretary's website before 11:59 p.m. central time each Monday.
The information contained in the historical archive of the statewide voter
registration file must be made available free of charge.
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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.
Section 3. That § 12-4-41 be AMENDED:
12-4-41. Any information obtained from the statewide voter registration file or
any county voter registration file may not be sold and may not be used for any commercial
purpose. Except as provided in §§ 12-4-37 and 12-4-37.1, information obtained from the
statewide voter registration file may not be placed for unrestricted access on the internet.
For the purposes of this section, "commercial purpose" does not include campaign
or political polling activities.
For the purposes of this section, "sold" does not include any fee charged by the
secretary of state for a paper copy of a list of registered voters, as provided in § 12-4-39.
Any violation of this section is a Class 1 misdemeanor. In addition to any criminal
sanctions, the court may impose a civil penalty not to exceed two thousand dollars for
each violation. Any civil penalty collected pursuant to this section must be deposite d in
the general fund.
26.959.15 3 214
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An Act to amend provisions pertaining to the publication of the statewide voter registration
file.

I certify that the attached Act originated in
the:

Senate as Bill No. 214

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. 214
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