amend provisions pertaining to conducting a municipal or school district election and to declare an emergency.

26.430.35 101st Legislative Session 34

2026 South Dakota Legislature
Senate Bill 34

Introduced by: The Chair of the Committee on State Affairs at the request of the Secretary of State

Underscores indicate new language.
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An Act to amend provisions pertaining to conducting a municipal or school district 1
election and to declare an emergency. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That a NEW SECTION be added to chapter 9-13: 4
For purposes of this chapter, "in conjunction with" is a temporal phrase that refers 5
to the timing of an election. 6
For purposes of this chapter, "combined with" refers to the sharing of governmental 7
responsibilities for an election. 8
Section 2. That § 9-13-4.1 be AMENDED: 9
9-13-4.1. No person An individual may not vote at any a municipal election unless 10
the person individual is registered to vote as a voter of the municipality, pursuant to 11
chapter 12-4, and resides in is a resident of the municipality at the time of the election. 12
For the purposes of this section, a person resides in an individual is a resident of 13
the municipality if the person actually lives individual: 14
(1) Lives in the municipality for at least thirty days each year, is; 15
(2) Is a full-time postsecondary education student who resided in was a resident of the 16
municipality immediately prior to leaving for the postsecondary education, or is; or 17
(3) Is on active duty as a member of the armed forces whose and the individual's home 18
of record is within the municipality. A voter's qualification as a resident may be 19
challenged in the manner provided in § 12-18-10. 20
No election may be contested on the grounds that any a nonresident was allowed 21
to vote if the nonresident was not challenged in the manner provided in § 12-18-10. 22
Section 3. That a NEW SECTION be added to chapter 9-13: 23
26.430.35 2 34
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If the governing body of the municipality and the board of county commissioners 1
of a county in which the municipality is located have agreed to combine the municipal 2
election with a primary or general election, pursuant to § 9-13-37, and have agreed to 3
use the same ballot for the offices, ballot questions, and other contests of each jurisdiction, 4
an individual's right to vote in the municipal election may be challenged only on the 5
grounds provided in § 12-18-10. 6
An individual's right to vote in the election may also be challenged as to whether 7
the individual is a resident of the municipality, if the municipal election is: 8
(1) Combined with a primary or general election, but is conducted using separate 9
ballots for the offices, ballot questions, and other contests of each jurisdiction; 10
(2) Combined with a regular school district election, regardless of whether the election 11
is conducted using the same ballots for the offices, ballot questions, and other 12
contests of each jurisdiction; or 13
(3) Not combined with any other election. 14
Any challenge to an individual's qualifications as a voter must be conducted before 15
the precinct election board in the manner provided in § 12-18-10. 16
Section 4. That § 9-13-6 be AMENDED: 17
9-13-6. The finance officer of the municipality shall have a notice published in the 18
official newspaper of the municipality setting forth the vacancies that will are to occur by 19
termination of the terms of office of elective officers. The notice must also state the time 20
and place where nominating petitions may be filed for the offices. The notice must be 21
published once each week for two consecutive weeks between no earlier than the fifteenth 22
day and nor later than the thirtieth day of the month six months before the election: 23
(1) January, for an election held on the first Tuesday after the first Monday in June; or 24
(2) June, for an election held on the first Tuesday after the first Monday in November. 25
Section 5. That § 9-13-13 be AMENDED: 26
9-13-13. A notice of each municipal election shall must be published once each 27
week for two successive weeks , the first publication may not be less than ten days prior 28
to the election. The last notice must be published no earlier than four nor later than ten 29
days before the election . A facsimile of the official ballot shall must be published in the 30
calendar week at least once within the two calendar weeks prior to each election. The 31
notice and ballot shall must be published in the each official newspaper or newspapers of 32
the municipality as designated in pursuant to § 9-12-6. 33
26.430.35 3 34
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If no newspaper is published in the municipality, the notice shall must also be 1
posted in three of the most public places in the municipality. 2
Section 6. That § 9-13-21 be AMENDED: 3
9-13-21. The finance officer shall prepare and furnish, at the expense of the 4
municipality, all official ballots. The quantity of ballots provided shall must be at least ten 5
percent more than the number of voters at the last comparable election. The ballots shall 6
must be as prescribed by the State Board of Elections, of good quality of print paper, 7
printed in black ink, and in the English language only. 8
The Except as otherwise provided in this section, the finance officer shall make the 9
absentee ballots for the municipal elections shall be available for absentee voting election 10
available no later than fifteen days prior to election day. If the absentee ballots are for a 11
runoff election, the ballots shall must be available no later than seven days prior to the 12
runoff election day. If a municipality is located within multiple counties, the finance officer 13
of the municipality must make absentee ballots available for a uniform period of time 14
across the entire municipality. If the governing body of the municipality and the board of 15
county commissioners of at least one county in which the municipality is located have 16
agreed to combine a municipal election with a primary or general election, pursuant to 17
§ 9-13-37, and have agreed to use the same ballot for the offices, ballot questions, and 18
other contests of each jurisdiction, the finance officer must make absentee ballots 19
available forty-six days before election day across the entire municipality. Absentee voting 20
shall must be conducted pursuant chapter 12-19. 21
The names of the candidates for each office to be voted for in the precinct shall 22
must be arranged without any other designation than that of the office for which they are 23
candidates. If more than one member of the governing body is to be elected, the ballot 24
shall must contain instructions as to how many candidates for the governing body are to 25
be voted for a voter may vote for . The finance officer shall determine, by lot, each 26
candidate's position on the ballot. Each candidate may be present or represented when 27
the position on the ballot is being determined. 28
No candidate's name may be printed upon the official ballot unless the candidate 29
has been nominated as provided in this chapter. 30
Section 7. That § 13-7-4.2 be AMENDED: 31
13-7-4.2. No person An individual may not vote at any a school district election 32
unless the person individual is registered to vote as a voter of the school district, pursuant 33
26.430.35 4 34
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to chapter 12-4 and resides in, and is a resident of the school district at the time of the 1
election. 2
For the purposes of this section, a person resides in an individual is a resident of 3
the school district if the person actually lives individual: 4
(1) Lives in the school district for at least thirty days each year, is; 5
(2) Is a full-time postsecondary education student who resided in was a resident of the 6
school district immediately prior to leaving for the postsecondary education , or is; 7
or 8
(3) Is on active duty as a member of the armed forces whose and the individual's home 9
of record is within the school district. A voter's qualification as a resident may be 10
challenged in the manner provided in § 12-18-10. 11
No election may be contested on the grounds that any a nonresident was allowed 12
to vote if the nonresident was not challenged in the manner provided in § 12-18-10. 13
Section 8. That a NEW SECTION be added to chapter 13-7: 14
If the board of a school district and the board of county commissioners of a county 15
in which the school district is located have agreed to combine the school district election 16
with a primary or general election, pursuant to § 13-7-10.3, and have agreed to use the 17
same ballot for the offices, ballot questions, and other contests of each jurisdiction, an 18
individual's right to vote in the school district election may be challenged only on the 19
grounds provided in § 12-18-10. 20
An individual's right to vote in the election may also be challenged as to whether 21
the individual is a resident of the school district, if the school district election is: 22
(1) Combined with a primary or general election, but is conducted using separate 23
ballots for the offices, ballot questions, and other contests of each jurisdiction; 24
(2) Combined with a municipal election, regardless of whether the election is 25
conducted using the same ballots for the offices, ballot questions, and other 26
contests of each jurisdiction; or 27
(3) Not combined with any other election. 28
Any challenge to an individual's qualifications as a voter must be conducted before 29
the precinct election board in the manner provided in § 12-18-10. 30
Section 9. That § 13-7-5 be AMENDED: 31
13-7-5. Between the fifteenth day and the thirtieth day of the month six months 32
before the election, except in the case of the joint election as provided in § 13-7-10.1, the 33
26.430.35 5 34
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The business manager of each school district shall publish once each week for two 1
consecutive weeks in the official newspaper, a notice setting forth the vacancies that will 2
are to occur by termination of the terms of the elective or appointive school board 3
members. The notice must be published no earlier than the fifteenth nor later than the 4
thirtieth day of: 5
(1) January, for an election held on the first Tuesday after the first Monday in June; or 6
(2) June, for an election held on the first Tuesday after the first Monday in November. 7
If the vacancies set forth in the notice exist within a new school board of a newly 8
created school district pursuant to § 13-6-62, the county auditor of the county having 9
jurisdiction over the election must publish the notice once each week for two consecutive 10
weeks at least one month preceding the election. The notice must also state the time and 11
place where nominating petitions for school board membership may be filed. 12
Section 10. That § 13-7-8 be AMENDED: 13
13-7-8. The business manager of the school district shall publish in the official 14
newspaper notices of an election once each week for two consecutive weeks with the first 15
publication not less than ten days. The last notice must be published no earlier than four 16
nor later than ten days before the election. The notice shall must state the date of the 17
coming school election,; the vacancies to be filled with terms of each,; the candidates who 18
have filed for these vacancies,; questions, if any, to be submitted at the election,; and the 19
location of polling places. 20
A facsimile of the official ballot shall be published in the calendar week prior to 21
each election must be published at least once within the two calendar weeks before an 22
election. 23
Section 11. That a NEW SECTION be added to chapter 13-7: 24
For purposes of this chapter, "in conjunction with" is a temporal phrase that refers 25
to the timing of an election. 26
For purposes of this chapter, "combined with" refers to the sharing of expenses 27
and governmental responsibilities for an election. 28
Section 12. That § 13-7-13 be AMENDED: 29
13-7-13. The business manager of the school district shall provide proper ballots, 30
pollbooks, voting booths, and necessary supplies as required by law to the proper election 31
26.430.35 6 34
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officials on election day. The ballots shall must be as prescribed by the State Board of 1
Elections. The quantity number of ballots provided shall must be equal to at least ten 2
percent more than the number of voters at the last comparable election. No party 3
affiliation may appear on the ballot and the. The names of the candidates for the respective 4
vacancies shall must be printed on the ballot. 5
Each candidate's position on the ballot shall be is to be chosen by lot by the 6
business manager and each candidate may be present or represented when the position 7
on the ballot is being determined. The 8
Except as otherwise provided in this section, the school district business manager 9
shall make the absentee ballots for the school elections shall be available for absentee 10
voting district election available no later than fifteen days prior to election day. If a school 11
district is located in multiple counties, the business manager of the school district must 12
make absentee ballots available for a uniform period of time across the entire school 13
district. If the board of the school district and the board of county commissioners of at 14
least one county in which the school district is located have agreed to combine the school 15
district election with a primary or general election, pursuant to § 13-7-10.3, and have 16
agreed to use the same ballot for the offices, ballot questions, and other contests of each 17
jurisdiction, the business manager must make absentee ballots available forty -six days 18
before election day across the entire school district. 19
Section 13. Whereas, sections 1, 2, 3, 6, 7, 8, 11, and 12 of this Act are necessary for the 20
immediate preservation of the public peace, health, or safety, an emergency is hereby 21
declared to exist, and sections 1, 2, 3, 6, 7, 8, 11, and 12 of this Act shall be in full force and 22
effect from and after its passage and approval. 23
Section 14. Sections 4, 5, 9, and 10 of this Act are effective beginning December 1, 2026. 24