South Dakota Administrative Rules
Title 5 - Secretary of State
Article 5:02 - State Board of Elections
Chapter 5:02:05 - Forms for conduct of elections
Section 5:02:05:02 - Instructions to the voters using hand-counted paper ballots
The instructions to be posted in two locations in the polling place in at least 48 point type for paper ballots must be in the following form:
INSTRUCTIONS TO THE VOTERS
TO MARK THE BALLOT
Use a cross (X) or a check mark (T) for each vote.
Do not make any marks other than a cross (X) or check mark (T).
Do not erase anything on your ballot.
Do not rip your ballot or make holes in it.
Do not write in a name.
IF YOU MAKE A MISTAKE
If you make a mistake, give the ballot back and get a new one.
If you cast more votes than allowed in a race, give the ballot back and get a new one.
TO RETURN THE BALLOT(S) AFTER VOTING
Fold each ballot so the ballot stamp shows and take to the ballot box.
IF YOU NEED HELP, ASK.
PROVISIONAL BALLOT
You may vote a provisional ballot if your name is not on the voter list but you registered in this precinct by the deadline. You must complete both the envelope and ballot.
VOTING RIGHTS
Any voter who can't mark a ballot because the voter has a physical disability or can't read, may ask any person they choose to help them vote.
Any voter may ask for instruction in the proper procedure for voting.
Any voter at the polling place prior to 7:00 p.m. is allowed to case a ballot.
ELECTION CRIMES
Anyone who makes a false statement when they vote, tries to vote knowing they are not a qualified voter, or tries to vote more than once has committed an election crime.
OTHER INFORMATION
The polls are open from 7:00 a.m. to 7:00 p.m. If your voting rights have been violated, you may call the person in charge of the election at ______________, the Secretary of State at 888-703-5328, or your state's attorney.
The instructions to be posted in each voting booth for paper ballots must be in the following form:
INSTRUCTIONS TO THE VOTERS
TO MARK THE BALLOT
Use a cross (X) or a check mark (T) for each vote.
Do not make any marks other than a cross (X) or check mark (T).
Do not erase anything on your ballot.
Do not rip your ballot or make holes in it.
Do not write in a name.
IF YOU MAKE A MISTAKE
If you make a mistake, give the ballot back and get a new one.
If you cast more votes than allowed in a race, give the ballot back and get a new one.
TO RETURN THE BALLOT(S) AFTER VOTING
Fold each ballot so the ballot stamp shows and take to the ballot box.
IF YOU NEED HELP, ASK.
The instructions to be published with the facsimile ballot for primary and general elections must be in the following form:
INSTRUCTIONS TO THE VOTERS
VOTING RIGHTS
Any voter who can't mark a ballot because the voter has a physical disability or can't read, may ask any person he or she chooses to help the voter vote.
Any voter may ask for instruction in the proper procedure for voting.
Any voter at the polling place prior to 7:00 p.m. is allowed to cast a ballot.
If your voting rights have been violated, you may call the person in charge of the election at __________, the Secretary of State at 888-703-5328, or your state's attorney at _____________.
Any person who is convicted of a felony on or after July 1, 2012, loses the right to vote. However, any such person may register to vote following the completion of the person's felony sentence.
Any person who is convicted of a felony on or before June 30, 2012, and who receives a sentence of imprisonment to the adult penitentiary system, including a suspended execution of sentence, loses the right to vote. Any such person so sentenced may register to vote following completion of the person's sentence. Further information is available at www.sdsos.gov [File Link Not Available].
ELECTION CRIMES
Anyone who makes a false statement when voting, tries to vote knowing he or she is not a qualified voter, or tries to vote more than once has committed an election crime.
General Authority: SDCL 12-1-9(3), 12-1-9(9).
Law Implemented: SDCL 12-4-18, 12-16-23, 12-16-25, 23A-27-35, USC 1973gg-6(g).
