South Dakota Administrative Rules
Title 5 - Secretary of State
Article 5:02 - State Board of Elections
Chapter 5:02:10 - Absentee voting
Section 5:02:10:09 - Nursing facility, assisted living center, or hospital absentee voting

When the county auditor or the county auditor's designee is at a facility to conduct absentee voting, a resident who wishes to vote using an absentee ballot must be given an absentee ballot. The ballot must be filled out alone, yet in the presence of the auditor or the auditor's designee. Any notified person listed in SDCL 12-19-9.1 may also be present.

The auditor or the auditor's designee must be present during the entire time the absentee voting is being conducted.

The auditor or the auditor's designee shall give each resident of the facility who votes by absentee ballot the instructions in conformity with §5:02:10:01.03.

The ballot box used at a facility must be sealed at the auditor's office prior to transporting to a facility and may only be used for absentee voting at a facility.

While at the facility, the auditor or the auditor's designee shall place the completed absentee ballot into a ballot box. If the ballot box is used at more than one facility, the auditor must maintain a log of the facilities and the date of the voting.

The ballot box must be transported to the auditor's office by the auditor or the auditor's designee and secured in accordance with SDCL ch 12-20 and § 5:02:16:37.

Upon return to the auditor's office the ballots must be processed in the same manner as all in-person absentee ballots and stored in a secure storage area.

For purposes of this section, the term, facility, means a nursing facility, assisted living center, or hospital as defined in SDCL 34-12-1.1.

General Authority: SDCL 12-1-9(4)(9), 12-19-9.1.

Law Implemented: SDCL 12-19-9.1, 12-19-9.3.