Changes to Existing Law

Recommendations to secretary of state. 12-1-10. The Board of Elections shall report to and secretary of state shall make recommendations to the secretary of state Legislature concerning desirable or necessary changes in the election laws of this state. 20

12-1-11. Except as otherwise provided by law, in any election in which all voters of a county participate, the costs relating to the election shall an election in which all the registered voters of a county are eligible to participate must be paid by the county county, from funds appropriated therefor. In all other elections, costs shall The cost of any other election must be paid from funds appropriated by the governing body of municipalities, school districts, and other political subdivisions the political subdivision requiring an the election for their own purposes. Costs relating to a combined municipal and school board election election, or in the case of a combined election, may be shared under the provisions of §§ 9-13-1.1 and 13-7-10.1. Neither the state nor any political subdivision may accept any funds, grants, or gifts for election costs from any source other than the governing body of a 31 political subdivision, the state, or the federal government, except for gifts of a nominal and intrinsic value as defined by the State Board of Elections and given in compliance with the provisions of § 12-18-3. The State Board of Elections shall promulgate rules pursuant to chapter 1-26 to prescribe the definition of nominal and intrinsic value. The state or any political subdivision may not accept any funds, grants, or gifts for election costs from any source other than the governing body of a political subdivision, the state, or the federal government. 7

Complaints filed under the Help America Vote Act. 12-1-21. The State Board of Elections secretary of state shall resolve any complaint filed under Section 402 of the Help America Vote Act of 2002, as of January 1, 2003, 2003 52 U.S.C. § 21112 (January 1, 2003), in accordance with the contested case provisions of chapter 1-26. The complaint shall must be signed, notarized, and filed with the secretary of state. The board shall shall. The secretary must resolve the complaint within ninety fourteen days of its filing. The State Board of Elections may secretary shall promulgate rules, pursuant to chapter 1-26, governing the procedure for the complaint process. 16

12-1-22. If the State Board of Elections secretary of state does not resolve the complaint within ninety fourteen days of filing, the complainant may ask the circuit court for alternative dispute resolution by appointing an impartial third party to serve as an arbitrator to resolve the dispute. The arbitrator shall resolve the dispute within sixty fourteen days. 22

Definitions. 12-1-3. Terms used in this title mean: (1) "Ballot question committee," as defined by § 12-27-1; 12-27-1 a person that raises, collects, or disburses contributions for the purpose of: (a) Proposing a ballot question; (b) Opposing the placement of a ballot question on the ballot; or (c) Advocating for the adoption or defeat of one or more ballot questions; (2) "Candidate," a person whose name is on the ballot or who is entitled to be on the ballot to be voted upon for nomination or election at any election; election an individual who seeks nomination for or election to a public office and: (a) Raises, collects, or disburses contributions in excess of five hundred dollars; (b) Has authorized the solicitation of contributions or the making of expenditures; 31 (c) Has been certified as a candidate by a political party; 32 (d) Has created a candidate campaign committee for the purpose of obtaining 33 public office; or 34 (e) Has taken all actions required by state law to qualify for nomination or election to a public office; (3) "Election," any election held under the laws of this state; (4) "Election officials," state and local officials charged with the duty of conducting elections and the canvass of returns; (5) "Elector," a person qualified to register as a voter, whether or not the person is registered; (6) "Electronic pollbook," an electronic system containing both the digital information system that contains a jurisdiction's registration list and pollbook; (7) "General election," the vote required to be taken in each voting precinct of the state on the first Tuesday after the first Monday in November of each even-numbered even-11 numbered year; (4) "Independent candidate," any registered voter who, regardless of party affiliation, seeks election to public office without party affiliation; (5) "Independent" or "no party affiliation," any individual who, when registering as a voter, does not provide a party affiliation when completing the voter registration application, draws a line through the space provided to provide a party affiliation when completing the application, or who writes on the application: (a) Independent; (b) I; (c) Ind.; (d) No party affiliation; (e) No party; (f) No choice; or (g) Nonpartisan; (8) "Paid circulator," any person who receives money or anything of value for collecting signatures for a petition; (9) "Party office," an office of a political party organization as distinct from a public office; (10) (10)(6) "Person in charge of an election," or "person charged with the conduct of an election," the county auditor in all cases except local elections for a municipality, 31 school district, township, or other political subdivision, in which case it is the officer 32 or, in a political subdivision election, the individual having the position comparable 33 to the auditor in that unit of government subdivision, if not specifically designated 34 by law; (11) 35 (11)(7) "Petition," a form prescribed by the State Board of Elections, which contains the question or candidacy being petitioned, the declaration of candidacy if required and the verification of the circulator. If multiple sheets of paper are necessary to obtain the required number of signatures, each sheet shall be self-contained and separately verified by the circulator; (12) circulator secretary of state, on which signatures may be collected and by which a ballot question is proposed, a political party is organized, or a candidate qualifies to be included on a ballot for nomination or election to a public office; (12)(8) "Petition circulator," a resident of the State of South Dakota as defined under § 12-1-4, who is at least eighteen years of age who circulates nominating petitions or other petitions for the purpose of placing candidates or issues on any election ballot; (13) ballot an individual who: (a) Is a resident of this state, as defined in § 12-1-4; (b) Is at least eighteen years old; and (c) In the presence of another individual, solicits from the other individual a signature on a petition by presenting or otherwise making the petition available to the other individual or acting in concert with another petition circulator who presents or otherwise makes the petition available to the other individual; (13)(9) "Political party," beginning with the 2014 general election and each general election thereafter, a party whose candidate for any statewide office received at least two and one-half two-and-one-half percent of the total votes cast for that statewide office in either of the two previous general election cycles; (14) (14)(10) "Pollbook" or "poll list," a list containing containing, in numerical order the names of all persons voting voting, the name of each individual registered and eligible to vote at the an election and type of ballot voted; (15) voted that the individual is eligible to receive; (15)(11) "Polling place," a designated place voters may go to vote; (16) vote where voting occurs; (16)(12) "Poll watcher," a person chosen to observe the conduct of an election an individual designated by a candidate, political party, or ballot question committee; (17) committee to observe the conduct of an election; (17)(13) "Primary" or "primary election," an election held at which candidates are 31 nominated for public office; (18) 32 (18)(14) "Public office," an elected position in government; (19) 33 (19)(15) "Qualified elector," an individual who is eligible to register, and has registered, 34 as a voter of this state; 35 (16) "Registration list," a list of eligible voters; and (20) "Registered mail," does not include certified mail; (21) "Registration officials," the county auditor and deputies and other persons authorized to assist in registration pursuant to chapter 12-4; (22) "Vote center," a polling place when the precinct has been defined as the entire jurisdiction and an electronic pollbook is utilized; (23) "Voter," a person duly registered to vote or one who is performing the act of voting; (24) "Independent (IND)" or "no party affiliation (NPA)," any currently registered voter who writes independent, I, Ind, no party affiliation, no party, no choice, nonpartisan, or line crossed off in the choice of party field on the voter registration form and any individual who is not currently registered to vote who leaves the choice of party field blank on the voter registration form; (25) "Independent candidate," notwithstanding the definition of independent as stated in this chapter, any registered voter regardless of party affiliation who declares to be an independent candidate for public office pursuant to this chapter; (26) "Other," any voter who writes a political party not recognized in South Dakota in the choice of party field on the voter registration form. Source: Source: SDC 1939, §§ 16.0102, 16.0601; SL 1973, ch 67, § 3; SL 1974, ch 118, § 2; SL 1978, ch 92, § 1; SL 1986, ch 114, § 1; SL 1989, ch 23, § 7; SL 1993, ch 109, § 1; SL 2000, ch 19, § 4; SL 2005, ch 93, § 5; SL 2007, ch 78, § 2; SL 2012, ch 84, § 4, eff. Feb. 23, 2012; SL 2015, ch 77, § 22 rejected Nov. 8, 2016; SL 2016, ch 23, § 4; SL 2016, ch 75, § 1, eff. Feb. 18, 2016; SL 2017, ch 2, § 7; SL 2018, ch 73, § 1, eff. Mar. 21, 2018; SL 2018, ch 22, § 2; SL 2018, ch 72, § 1, eff. July 1, 2019; SL 2024, ch 47, § 1. form (17) "Voter," a qualified elector, regardless of whether the elector is performing the act of voting. 19

Promulgation of rules by board. 12-1-9. The State Board of Elections secretary of state shall promulgate rules, pursuant to chapter 1-26, concerning: concerning prescribing: (1) Forms The forms for voter registration and voter file maintenance; (2) Forms The form and color of ballots; (3) Forms The forms for notices; (4) The uniformity of election procedures; procedures The procedures for conducting an election; (5) The operation of the State Board of Elections; The implementation of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq., (January 1, 2023); (6) The procedure to accept for accepting a petition and verify verifying petition signatures; 31 (7) Petition forms, forms The form of petitions, including petition size and petition font size; 32 (8) Envelopes The envelopes used for absentee voting; 33 (9) Instructions The instructions to voters and absentee voters; 34 (10) Recounts; and (11) Post-election audits. audits The process by which a recount is conducted; (11) The process by which ballots are counted and canvassed after each election; (12) The process by which a post-election audit is conducted; and (13) The number of poll watchers that may be permitted in a polling place. 5

Ranked choice voting prohibited. 12-1-9.1. The State Board of Elections secretary of state may not authorize and a political subdivision may not adopt or enforce in any manner a rule, resolution, charter provision, or ordinance establishing a system of voting for any office where: (1) Voters rank candidates in order of preference; (2) Tabulation proceeds in rounds where in each round either a candidate is elected or the last-place candidate is eliminated; (3) Votes are transferred from elected or eliminated candidates to the voter's next-ranked next-13 ranked candidate in order of preference; and (4) Tabulation ends when a candidate receives the majority of votes cast or the number of candidates elected equals the number of offices to be filled. 16

12-16-1. The county auditor shall provide printed ballots for each election in which the voters of the entire county participate. Except as provided in § 12-6-9, printed Printed ballots for a primary election must contain the name of each candidate who has filed for nomination and is approved. The printed ballots for the election of officers must contain the name of each candidate whose nomination has been certified or filed with the county auditor in the manner provided by law, unless the candidate is deemed elected by having no opposition. The names of the candidates must appear on the ballot exactly as listed in the declaration of candidacy of the candidates' nominating petitions. Sample ballots must be printed on paper of a different color from the official ballot but in the same form. The sample ballots and official ballots must be printed and in the possession of the county auditor not later than forty-eight days prior to a primary or general election. If there is a challenge pursuant to § 12-1-13 or 12-1-16, official ballots may not be printed until the challenge has been resolved or until sixty days prior to the primary or general election, whichever occurs first. The county auditor shall prepare the necessary ballots, if any question is required to be submitted to the voters of the county. Ballots for general elections must be of the style and form prescribed in §§ 12-16-2 to 12-16-10.1, inclusive. 27

Voting rights notices and instructions. 12-16-23. The county auditor shall cause to be printed, in large type on cards in the English language, print voting rights notices and instructions in the English language in large type on cards, for the guidance of voters in preparing their ballots in the form as 31 prescribed by the State Board of Elections and deliver the cards with the ballots in in. The 32 auditor shall deliver to each precinct a number of cards sufficient numbers to meet the 33 requirements of § 12-16-25. 12-16-25 at the same time the auditor delivers the ballots to the precinct. The secretary of state shall prescribe the form of the notice and instructions. 2

12-16-28. The person in charge of an election shall provide paper ballot precincts each precinct with a pollbook the precinct's pollbook, in the form prescribed by the State Board of Elections for each election precinct secretary of state, for the purposes of § 12-18-5. If any jurisdiction uses electronic pollbooks, but does not use vote centers, the The person in charge of the election shall must provide a printed paper voter registration list and a printed and bound paper pollbook to each precinct in the jurisdiction prior to the opening of the polls. Source: PolC 1877, ch 27, § 46; CL 1887, § 1485; RPolC 1903, § 1895; RC 1919, § 7244; SL 1931, ch 143, § 2; SDC 1939, § 16.1108; SL 1974, ch 118, § 85; SL 1993, ch 113, § 1; SL 2019, ch 75, § 2. polls, if the jurisdiction: (1) Uses an electronic pollbook; and (2) Does not use vote centers. 12

Tally sheets for candidates and submitted questions. 12-16-39. The tally sheets for candidates for public office and submitted questions shall be prescribed by the State Board of Elections. The secretary of state shall prescribe the form of the tally sheet used to tabulate all votes cast at an election. 17

Use of provisional ballot. 12-18-40. Before giving a person a provisional ballot, the person shall complete an affirmation. The person's name shall be written in the pollbook along with a designation that the person has cast a provisional ballot. The person shall be given the ballot appropriate to the precinct in which the person is claiming to be registered, along with a provisional ballot envelope. After the person votes, the person shall seal the ballot in the provisional ballot envelope and complete the statement on the envelope. The envelope shall then be placed in the ballot box. The provisional ballot and provisional ballot envelope shall be prescribed by the State Board of Elections. An individual eligible to cast a provisional ballot shall complete an affirmation, as prescribed by the secretary of state, before a member of the precinct election board may provide the individual with the provisional ballot. The member of the precinct election board providing the individual the provisional ballot shall write the individual's name in the pollbook along with a statement indicating that the individual has been issued a provisional ballot. The member shall also provide the individual with a provisional ballot envelope. The individual must be issued the ballot for the precinct in which the individual claims to be registered as a voter. After marking the ballot, the individual shall seal the ballot in the provisional ballot envelope and complete the statement on the envelope. The secretary shall prescribe the form of the provisional ballot, the provisional ballot envelope, and the statement. 29

Affidavit in lieu of personal identification. 31 12-18-6.2. If a voter is not able to present a form of personal identification as required by § 12-18-6.1, the voter may must complete an affidavit in lieu of the personal identification. identification before the voter may be given a ballot. The State Board of Elections secretary of state shall promulgate rules, pursuant to chapter 1-26, prescribing the form of the affidavit. The affidavit shall must require the voter to provide his or her the voter's name and address. The voter shall sign the affidavit under penalty of perjury. 7

12-18-7.2. If any person attempting to vote in any election claims to be registered or any person attempting to vote in any election claims to be in the inactive registration file but does not possess an acknowledgment notice and the person's name does not appear in the registration list of the precinct, the person may vote if one of the members of the precinct election board first confirms by telephone or other means with the county auditor or a deputy auditor that the name was erroneously omitted from the list, and an emergency voting card, in duplicate, in the form prescribed by the State Board of Elections is signed by the applicant and each member of the precinct election board. A member of the precinct election board must confirm an individual's status as a qualified voter with the county auditor if the individual requests a ballot and: (1) The name of an individual requesting a ballot does not appear in the precinct's voter registration list; and (2) The individual does not possess an acknowledgement notice, sent pursuant to § 12-4-5.3, indicating that the individual's voter registration was accepted. If the auditor confirms that the omission of the individual's name from the voter registration list was a mistake, the individual must be issued an emergency voting card, in the form prescribed by the secretary of state. The card must be issued in duplicate and must be signed by the individual requesting the ballot and each member of the precinct election board. The original emergency voting card shall must be retained by the precinct superintendent as part of the precinct superintendent's permanent records, and the duplicate shall must be given to the voter. In a primary election, the party affiliation of any voter using the emergency voting procedure of this section shall must be designated 31 on the emergency voting card. 32

Affirmation of voter's address. 33 12-18-7.4. Any person whose name appears on the inactive registration list in the possession of the precinct superintendent may vote in any election following completion of an affirmation of the person's address in this state. An individual must complete an affirmation of the individual's residence address before the individual is eligible to vote at an election, if the individual's name is included in the precinct's inactive voter registration list. If the voter has moved to a new address within the state, this the affirmation shall must serve as a new registration. The affirmation shall be prescribed by the State Board of Elections. Elections The secretary of state shall prescribe the form of the affirmation. 9

12-19-2.5. The State Board of Elections shall promulgate rules, pursuant to 31 chapter 1-26, to prescribe the absentee application form and a combined absentee ballot 32 application form and return envelope for absentee voting in the office of the person in charge of the election. The application may be made by letter or upon any form containing the required information or upon any form prescribed by the State Board of Elections or the postcard form referred to in § 12-4-8.1, executed by any person authorized in accordance with the An individual identified as covered by the provisions of the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq., as of January 1, 2023. 2023 §§ 20301 to 20311, inclusive, (January 1, 2023), may request an absentee ballot by providing the person in charge of the election with a statement or form containing the information required in § 12-4-4.4. 10

12-19-4. The return envelope for the absentee ballot must have printed on the reverse thereof a statement to be signed by the voter. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the forms for the return envelope, ballots, and instructions to the voter. The secretary of state shall promulgate rules, pursuant to chapter 1-26, prescribing the form of: (1) The absentee ballot application form; (2) The absentee ballot; (3) The absentee ballot return envelope; (4) The combined absentee ballot application form and return envelope for absentee voting in the office of the person in charge of the election; and (5) Any instructions to the voter. The absentee ballot return envelope and the combined absentee ballot application and return envelope must have printed on the reverse thereof a statement to be signed by the voter. 26

12-19-50. The tally shall be recorded on forms prescribed by the State Board of Elections. A special pollbook shall also be prescribed by the State Board of Elections. The secretary of state shall prescribe the form of: (1) The tally sheet used to record the votes cast on an absentee ballot; and (2) The pollbook used to document the voters who have voted by absentee ballot. Except as provided by § 12-19-52, the tally shall of absentee ballots must be recorded according to the precincts in which the voters are registered and then added to those individual precinct totals. totals the vote recorded for that precinct. 16

12-19-9.3. The person in charge of the election may not establish or place, or allow any individual to establish or place, an absentee ballot drop box within the official's jurisdiction. A completed absentee ballot may only must be returned to an office of the individual in charge of the election pursuant to § 12-19-7. 31 For the purposes of this section, the term, absentee ballot drop box, means a 32 receptacle or container into which an individual may deposit a completed absentee ballot. 33 This term excludes a county auditor's means for physically securing a completed absentee ballot as required by § 12-19-10 or 12-19-42, including a secured and monitored receptacle or container at the office of the individual in charge of the election. The State Board of Elections secretary of state shall promulgate rules, pursuant to chapter 1-26, prescribing the requirements to ensure the security of the receptacle or container located at the office of the individual in charge of the election. A violation of this section is a Class 2 misdemeanor. 7

12-20-1. As soon as the polls are closed, the precinct superintendent and precinct deputies shall audit the ballot count as prescribed in §§ 12-20-2 and 12-20-3. The precinct superintendent and precinct deputies shall then immediately deliver the ballot boxes, registration book, pollbook, and other election supplies, including voided and unused ballots, to the counting board, if appointed, and sign a certificate of transmittal and receipt as prescribed by the State Board of Elections. The: (1) Audit the ballot count as prescribed in §§ 12-20-2 and 12-20-3; (2) Deliver to the counting board, if one has been appointed: (a) The ballot boxes; (b) Registration book; (c) Pollbook; (d) Any voided or unused ballots; and (e) All other election supplies; and (3) Sign the certificate of transmittal and receipt prescribed by the secretary of state. 31 Upon receipt of the ballot boxes and other election supplies, the members of the 32 precinct election board or the precinct counting board or the precinct election board, if a 33 counting board had not been appointed, shall then immediately proceed to count publicly, in the presence of all persons desiring to attend the count, the votes received at the polls, and continue without leaving the site of the count, in the presence of any individual who wishes to observe the counting of the ballots, count the votes cast at the polling place. The board counting the votes may not stop the count, and members of the board conducting the count may not leave the site, until the count is completed. A person The individual charged with implementing this section may not delay the counting of ballots other than to authorize short recesses for the health and wellbeing of those employed to implement this section. In counting the votes, the members of the precinct election board or counting board shall use the tally sheets provided. Source: SDC 1939, § 16.1701; SL 1975, ch 119, § 11; SL 1976, ch 105, § 68; SL 1993, ch 113, § 13; SL 1993, ch 118, § 20; SL 1999, ch 69, § 39; SL 2002, ch 76; § 7; SL 2021, ch 68, § 1. provided prescribed by the secretary. 10

12-20-13.2. The provisional ballot counting board or resolution board and tabulation machine operators shall convene one hour prior to the convening of the canvassing board. The provisional ballots, which the person in charge of the election has determined are not invalid according to § 12-20-5.1, shall be counted. counted to count the provisional ballots that have been determined to be valid. Upon completion of the count, the provisional ballot counting board or resolution board shall complete a certification of the provisional ballot count and give the certification to the canvassing board. The certification form shall be prescribed by the State Board of Elections. The secretary of state shall prescribe the form of the provisional ballot certification. 29

12-20-13.4. Within ten days after the official county canvass each person voting by provisional ballot shall be sent by the person in charge of the election a notice advising advising, the person in charge of the election shall send to each individual who cast a provisional ballot a notice, as prescribed by the secretary of state, stating whether the individual's provisional ballot was counted. The notice shall be prescribed by the State Board of Elections. 6

Entry of candidates' votes in precinct pollbooks. 12-20-18. After the votes have been counted, the members of the precinct election board shall set down write in the pollbook and on the duplicate tally sheet on forms therein prescribed by the State Board of Elections the name of each person voted for, the office for which the person received votes, candidate on the ballot and the office that each candidate was seeking, and the number of votes each person candidate received, the the. The number of votes that each person candidate received shall be expressed at length. Source: SDC 1939, § 16.1704; SL 1974, ch 118, § 158; SL 1993, ch 113, § 16; SL 1993, ch 118, § 26; SL 1999, ch 69, § 45. length must be written out as words. 14

12-20-7. Any ballot or part of a ballot from which it is impossible to determine the voter's choice by using standards defined by the State Board of Elections shall be void and may not be counted. If the precinct election board or precinct counting board is unable to determine the voter's intent using the standards established by the secretary of state, the board may not count the ballot and must mark the ballot as void. The State Board of Elections secretary shall promulgate rules, pursuant to chapter 1-26, defining standards for determining voter intent. Source: SDC 1939, § 16.1703; SL 1974, ch 118, § 152; SL 2002, ch 76, § 6; SL 2010, ch 74, § 21. 18

12-21-2. The county recount board of each county which conducts a recount authorized by this chapter shall be appointed by the presiding judge of the circuit court for that county. The presiding judge of the circuit court of the county conducting a recount, as provided in this chapter, shall appoint the recount board for the county. At a general election, a judicial primary election, or an election for a referred or submitted question ballot question, the recount board shall consist of a recount referee who is a duly qualified member of the State Bar of South Dakota and a member of the political party that received the greatest number of votes in the county in the race for Governor in the last gubernatorial election, and two voters of the county representing the two political parties with the largest registration in the county. The recount referee must be a qualified member of the State Bar of South Dakota and a member of the political party whose candidate for Governor received the greatest number of votes in the county in the last gubernatorial election. In a non-judicial primary election or runoff election pursuant to § 12-6-51.1, the recount board must shall consist of members of the same political party as the candidates 31 in the contest being recounted. The recount board must consist of a recount referee who 32 is a duly qualified member of the state bar and two voters of the county. The recount referee must be a qualified member of the state bar. An individual may not serve on the recount board if the individual is a candidate for the office that is the subject of the recount, or is the husband, wife, father, mother, father-in-law, mother-in-law, son, daughter, son-in-law, daughter-in-law, brother, or sister, whether by birth or marriage, of the whole or the half-blood, of any candidate involved in the recount. Prior to serving, each member of the recount board shall take an oath that the member will act in good faith, with impartiality, and that the member meets the qualifications to serve as a member of the county recount board. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, that secretary of state shall prescribe the form of the oath to be taken under this section. Source: SDC 1939, § 16.1808; SL 1955, ch 58; SL 1959, ch 98; SL 1969, ch 82, § 1; SL 1974, ch 118, § 170; SL 1983, ch 117; SL 1989, ch 132; SL 2002, ch 77, § 1; SL 2008, ch 34, § 17; SL 2023, ch 52, § 1. 12

32 12-4-1.2. An individual applying to register as a voter shall answer the questions and sign the oath as required on the voter registration form prescribed by the secretary of state. The voter registration form must include a certification of voter eligibility by which the applicant attests, under the penalty of perjury, that the applicant: (1) Is a citizen of the United States; (2) Will be eighteen years or older on or before the next election; (3) Is a resident of the state of South Dakota; (4) Has not been judged mentally incompetent; (5) Is not currently serving a sentence for a felony conviction; and (6) Authorizes the cancellation of a previous registration, if applicable. 11

12-4-18. The clerk of courts shall, within fifteen days after the close of each month, prepare an abstract from the records of the names of persons declared mentally incompetent in the preceding month. The clerk of courts shall send the name of a person declared mentally incompetent to the county auditor of the county in which the person declared incompetent resides. The county auditor shall remove from the master registration list: (1) The names of persons identified as mentally incompetent in accordance with the information provided pursuant to this section; (2) The names of those convicted of a felony and sentenced to imprisonment in the federal penitentiary system; and (3) The names published in an obituary. obituary obituaries. The county auditor shall match voter registration records maintained in or transmitted to the statewide voter registration file with the death records maintained as vital statistics records by the Department of Health, the social security death index, the Social Security Administration master death file, and the records of felony convictions maintained by the Unified Judicial System each month. Any voter identified as deceased, as mentally incompetent, or who is as serving a sentence for a felony conviction must be removed from the voter registration records. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, determining how voter registration records are matched. Prior to providing a registration list to precincts, as prescribed in § 12-4-10, the county auditor must certify with the secretary of state that all individuals required to be removed from the master registration list have been removed based on the information 31 available to the county auditor at the time the certification is submitted. 32 The State Board of Elections secretary of state shall promulgate rules, pursuant 33 to chapter 1-26, prescribing to establish the process by which voter registration records 34 are matched and to prescribe the form to certify for certifying the accuracy of the master registration list. list file. 2

12-4-19. Any voter in the active registration file who has failed to vote, has not updated the voter's registration information, and has not replied to a confirmation mailing at least once during the last preceding four consecutive years shall be sent a nonforwardable return-if-undeliverable address verification request. If the request is undeliverable then a confirmation mailing prescribed by the State Board of Elections shall be sent. If a county auditor has determined through a national change of address licensee of the United States Postal Service that the address of a voter who is to be sent an address verification request has changed, the confirmation mailing may be omitted. This process shall be performed by each county auditor from January first to November fifteenth, inclusive, of each odd-numbered year. The county auditor must send a nonforwardable return-if-undeliverable address verification request to any voter in the active voter registration file if the voter has not, at least once during the previous four years: (1) Voted; (2) Updated the voter's registration information; or (3) Replied to a confirmation mailing sent by the auditor's office. The auditor shall send any verification request required by this section during the period beginning January first and ending November fifteenth, of each odd-numbered year. 22

12-4-19.1. The confirmation mailing notice shall be a double postcard stating that the voter's registration may be canceled if the card is not returned. In addition, the card shall state that if If the address verification request sent pursuant to § 12-4-19 is returned to the auditor as undeliverable, the auditor must send a confirmation mailing on a double postcard that lists the voter's information as it appears in the master registration file and provides the following instructions: (1) If the information on the return card is correct, the voter must sign and return the 31 card within thirty days of the date of the postmark on the card or the voter's 32 registration will become inactive. The card shall also state that if if; 33 (2) If the information on the return card is not correct, the voter shall must send the correct information to update the voter's registration within thirty days of the date of the postmark on the card or the voter's registration will become inactive. inactive.; and (3) If the card is returned indicating a new address in another county in South Dakota or another state, the card shall serve serves as a cancellation authorization. The card shall must also give information on reregistering if the voter has moved to another county or state. The card shall give the information about the voter as it appears in the registration records. The confirmation mailing may be omitted if the county auditor, after reviewing information provided by a national change of address licensee of the United States Postal Service, has determined that a voter who is to be sent an address confirmation mailing has changed the address where the voter is a resident. 12

12-4-5. The county auditor shall enter in the master registration file the name of each eligible person whose completed application for registration and mail registration card is received no later than 5:00 individual in the master registration file, if the individual's voter registration form is received by the county auditor or the local, state, or federal agency responsible for conducting voter registration, pursuant to § 12-4-2, before five p.m. local time at least least, fifteen days preceding the election by the county auditor or the local, state, or federal agency responsible for conducting voter registration under this chapter. A voter registration completed completed. If an individual completes a voter registration form at any local, state, or federal agency during any week commencing on Tuesday through the following Monday shall shall, the application must be sent by the agency receiving the application to the appropriate county auditor by the agency receiving the registration or mail registration card no later than the following Wednesday. The State Board of Elections may secretary of state shall promulgate rules, pursuant to chapter 1-26, to provide for the alternative transmission of voter registration information by computer from the agency to the secretary of state. The name of any voter who has registered to vote by 5:00 five p.m. local time time, fifteen days preceding a runoff election shall must be added to the file used for the runoff election. 31

32 12-4-5.3. When a voter registration application is received by the county auditor, the county auditor or an individual designated by the county auditor shall review the application for eligibility and completeness. If the applicant is not eligible to be registered or sufficient information to complete the registration card cannot be obtained from the applicant, the county auditor must send an acknowledgment notice by nonforwardable mail to the applicant indicating the reason the registration was not filed. The acknowledgment notice must state that the applicant needs to submit the corrected information to the county auditor within thirty days or the voter registration form may not be processed. The county auditor shall send an acknowledgment notice by nonforwardable mail to the applicant whose registration is accepted. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the form of the acknowledgement notice. The same confirmation mailing required by § 12-4-19 must be sent immediately to any person whose registration acknowledgment notice is returned undeliverable. Upon receipt of a voter registration application, the county auditor or an individual designated by the auditor must review the application to determine whether the applicant is eligible to register as a voter and whether the application is complete. The county auditor shall send a notice of acknowledgement by nonforwardable mail to an applicant whose application was filed. If the applicant is not eligible to be registered as a voter or if the application lacks sufficient information to complete the voter's registration, the auditor must send a notice of acknowledgment to the applicant by nonforwardable mail stating that the application was not filed and the reason the application was not filed. If the registration was not filed because the application lacked sufficient information to complete the voter registration card, the notice must state that the applicant must submit the corrected information to the county auditor, within thirty days of the date on the notice, or the application will not be processed. If a notice of acknowledgement sent pursuant to this section is returned as undeliverable, the county auditor must send the confirmation mailing required in § 12-4-28 19.1. The secretary of state shall promulgate rules, pursuant to chapter 1-26, to prescribe the form of the notice of acknowledgement. 31

32 12-4-5.4. Any person registering to vote When registering as a voter, an individual 33 shall provide the person's individual's valid South Dakota driver license number or a South 34 Dakota nondriver identification number on the voter registration form. If a person the individual does not have a valid South Dakota driver license or a South Dakota nondriver identification number, the person shall individual must provide the last four digits of the person's individual's social security number on the voter registration form. If a person If the individual does not have a valid South Dakota driver license, a South Dakota nondriver identification number, or a social security number, the person individual may only register only at the county auditor's office and shall must sign a the statement verifying the fact prescribed by the secretary of state, attesting that the person individual does not have a valid South Dakota driver license, a South Dakota nondriver identification number, or a social security number. The statement shall be prescribed by the State Board of Elections. 11

12-4-5.5. At the time voter registration information is transmitted from a county to the statewide voter registration file, the secretary of state shall verify the authenticity validity of the South Dakota driver license number or the South Dakota nondriver identification number with the driver license database. If the applicant has provided the last four digits of the person's applicant's social security number have been provided, the secretary of state shall must review the social security database to determine that the number, name, and date of birth are accurate and that this information belongs to the person. If any of this information is reported as not being accurate, the applicant. If, after reviewing the driver license or social security number database, the secretary determines that the driver license number, nondriver identification number, or social security number is not authentic, the secretary must notify the auditor of the county in which the applicant is a resident. Upon receiving the notification from the secretary, the county auditor must withdraw the voter registration and attempt to get the correct the information with using the process provided in § 12-4-5.3. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, determining technical parameters for the driver license and social security database verification. 29

12-4-54. By March July first of each year, the secretary of state shall submit a report to the State Board of Elections Government Oversight and Accountability Committee, providing the number of voters removed from a each county's voter registration list master registration file during the previous year due to inactivity, death, felony conviction, mental incompetence, relocation to another jurisdiction, or as the result of an application for correction, correction,: (1) Death; (2) Felony conviction; (3) Inactivity; (4) Mental incompetence; (5) Relocation to another jurisdiction; or (6) A voter registration challenge filed pursuant to § 12-4-60. The content of the report must be published on the official website of the secretary of state. 27

12-4-56. A person registered to vote, pursuant to this chapter, may A qualified elector may, using the form prescribed by the secretary of state, request that the auditor of the county in which the voter resides elector is registered as a voter remove the person's 31 elector's name from the master registration list. If a person file. If a qualified elector 32 makes a request pursuant to this section less than fourteen days prior to before an 33 election, the removal of the individual's elector's name is effective on the day after the election. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the form to be used by a person requesting the removal of the person's name from the master registration list. 4

12-4-6. An applicant for registration shall answer questions and sign the oath as 31 required on the form prescribed by the State Board of Elections. An applicant for 32 registration at a driver's license station shall also sign a signature card prescribed by the 33 Department of Public Safety. This signature shall be digitized and used to prepare the registration card as provided in § 12-4-5. If an applicant is unable to write his or her name, the applicant shall make a mark, the applicant's name being written near such mark, and written by a person who writes his or her own name as a witness. If the applicant is unable to write the applicant's name, the applicant may make a mark. The individual who witnesses the applicant making the applicant's mark shall: (1) Write the applicant's name near the applicant's mark; and (2) Indicate that the individual has acted as witness to the applicant's mark by writing the individual's own name under the applicant's name. An individual applying to register as a voter at a driver license station shall also sign the signature card prescribed by the Department of Public Safety. The signature must be digitized and included on the voter's registration prepared by the county auditor, pursuant to § 12-4-5. 13

12-4-60. To file an application for correction, the individual must sign and file an affidavit attesting that, to the best of the individual's personal knowledge and belief, having exercised due diligence to personally verify the evidence presented, the challenged voter is not qualified to vote based on one of the reasons set forth in § 12-4-58 or 12-4-59. 12-4-9 59. The individual must provide the factual basis for filing the application, including the information required by this section, in the signed affidavit. The application may not be based on an unsupported allegation or the allegation of an anonymous third party. The application must be in a form prescribed by the State Board of Elections, Elections secretary of state, and must contain the: (1) Name of the challenged individual; (2) Address of the challenged individual; (3) Name of the individual filing the application; (4) Address, phone number, and email address of the individual filing the application; (5) Date of the affidavit; and (6) Reason for the challenge, pursuant to § 12-4-58 or 12-4-59. The individual who files the application shall include documented evidence related to the challenge as an attachment to the affidavit. The State Board of Elections secretary shall promulgate rules, pursuant to chapter 1-26, establishing the form of the affidavit and the documentation that must be included with the affidavit as evidence of the voter's qualifications. An individual's social security number, driver license number, South Dakota nondriver identification card number, passport number, or contact information, may not be made public as part of a challenge. An individual who intentionally makes public any information that is confidential, pursuant to this section, is guilty of a Class 2 misdemeanor. 31

32 12-4-61. If a county auditor receives an application for correction, pursuant to § 12-4-60, and, after researching the voter, determines the affidavit raises a valid challenge, the auditor must send a verification request to the voter named in the application. The verification request must be sent by forwardable mail in compliance with the National Voter Registration Act, 52 U.S.C. §§ 20501 to 20511, inclusive (January 1, 2025). The verification request must be returned to the auditor within thirty days of the postmark date and must include documentation sufficient to demonstrate the voter's qualifications as a registered voter. The voter named in the application may request a hearing before the county auditor to demonstrate the voter's qualifications as a registered voter. The county auditor must cancel a voter's registration if the voter: (1) Fails to produce documentation sufficient to demonstrate the voter's qualifications; and (2) Has not voted or appeared to vote in an election during the period between: (a) The date that the verification request was sent; and (b) The day after the first general election following the date of the verification request. The county auditor may not cancel the voter registration of an individual challenged pursuant to § 12-4-59, within the ninety days immediately prior to the date of an election. The State Board of Elections secretary of state shall promulgate rules, pursuant to chapter 1-26, establishing the process by which a county auditor must research a registered voter to establish the validity of a challenge. 23

Secured active designation. 12-4-9.2. A person eligible to vote under § 12-4-1 qualified voter may apply to the secretary of state to be listed in the master registration file with a secured active designation. The secretary of state shall certify a secured active designation if an applicant provides a sworn application that affirms one of the following: following, if the applicant provides: (1) The applicantA sworn statement affirming that the applicant has obtained an active protection order under chapter 22-19A or 25-10 or chapter 22-19A, which the secretary of state shall verify with the Unified Judicial System; or (2) The applicant resides in inA statement from an official of a shelter established pursuant to chapter 25-10. The applicant shall obtain authorization signed by an official of the shelter. Upon receipt of the application, indicating that the applicant resides in the shelter. If the individual applies for a secured active designation affirming that the applicant has obtained an active protection order under chapter 22-19A or 25-1, the secretary of state shall must verify with the Unified Judicial System that the applicant petitioned for the protection order and the order is active. A voter record with a secured active designation shall must be excluded from public 31 inspection or copying, except if requested by by. The secretary may provide information from 32 the record of a voter with a secured active designation only upon the request of a law 33 enforcement agency, if directed by upon a court order, or if a secured active designation has been cancelled at the request of the secured active designee. A secured active designation remains in effect is effective for five years. years unless cancelled earlier by the voter with the secured active designation. The State Board of Elections secretary shall promulgate rules, pursuant to chapter 1-26, to prescribe the notices and forms, as well as any criteria and procedures for approving applications pursuant to this section. 7

12-5-21.1. A candidate for Governor shall nominate a candidate for lieutenant governor by certifying the nomination to the secretary of state no later than five p.m. central time on the second Tuesday in August in the year of the election. The candidate for Governor and the candidate's nominee for lieutenant governor shall sign the certification. A candidate for lieutenant governor may withdraw from the nomination by filing a request under oath with the secretary of state. If a candidate for lieutenant governor withdraws, the candidate for Governor must nominate a replacement by certifying the nomination to the secretary of state no later than five p.m. central time on the second Tuesday in August in the year of the election. The candidate for Governor and the candidate's replacement nominee for lieutenant governor shall sign the certification. The secretary of state may not place the name of the candidate for Governor on the general election ballot until a candidate for lieutenant governor has been certified. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing secretary shall prescribe the forms of the certification and withdrawal of a candidate for lieutenant governor. 22

12-5-8. At the time of printing the official primary election ballots, the county auditor shall also have printed in like number, and for each political party, separate ballots upon which party voters may vote for precinct committeeman and for precinct committeewoman of their political party. These ballots shall be furnished to any election precinct having a contest for such position at the same time with the other election supplies. The form of these ballots shall be prescribed by the State Board of Elections. At the time the official ballots are printed for a primary election, the county auditor 31 shall also print a separate ballot for each political party upon which a voter may vote for 32 precinct committeeman and precinct committeewoman. The auditor shall provide ballots 33 for each precinct in which there is more than one candidate for precinct committeeman or 34 precinct committeewoman. The auditor shall provide the same number of ballots for the election of precinct committeeman or precinct committeewoman as the auditor provides for the primary election pursuant to § 12-16-17. The secretary of state shall prescribe the form of the ballot for precinct committeeman or precinct committeewoman. 5

12-7-1. Any Except as provided in § 12-7-1.2 or 12-7-7, an independent candidate for nonjudicial public office, except as provided in § 12-7-7, who is not nominated by a primary election may be nominated by filing a certificate of nomination nominating petition with the secretary of state or county auditor as prescribed by § 12-6-4, after December thirty-first and by before five p.m. local time, on the last Tuesday of April at 5:00 p.m. local time before the election. A certificate of nomination shall be executed before the election. The nominating petition must be as provided in chapter 12-6. If the certificate of nomination is mailed by registered mail by the last Tuesday of April at 5:00 p.m. local 31 time before the election, it is timely submitted. submitted A nominating petition is considered to be 32 timely submitted if mailed by registered mail before five p.m. local time on the last Tuesday of April before the election. The certificate of nomination shall petition must be signed by registered voters a number of qualified electors within the district or political subdivision in and for which the officers are to be elected. The number of signatures required may not be less than equal to at least one percent of the total combined vote number of votes cast for Governor at the last certified gubernatorial election within the district or political subdivision. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the forms for the certificate of nomination. Source: SDC 1939, § 16.0501; SL 1973, ch 75, § 1; SL 1975, ch 119, § 17; SL 1975, ch 122, § 1; SL 1976, ch 105, § 20; SL 1977, ch 108, § 2; SL 1977, ch 109, § 1; SL 1982, ch 127; SL 1999, ch 73, § 1; SL 2001, ch 68, § 1; SL 2002, ch 74, § 1; SL 2005, ch 87, § 3; SL 2007, ch 76, § 1; SL 2012, ch 83, § 1; SL 2015, ch 77, § 8 rejected Nov. 8, 2016; SL 2017, ch 2, § 10; SL 2017, ch 69, § 7. 9

12-7-7. Any candidate for President or Vice President of the United States who is not nominated by a primary election may be nominated by filing with the secretary of state, after December thirty-first and by the first Tuesday in August at 5:00 p.m. central time before the election, a certificate of nomination which shall a nominating petition with the secretary of state after December thirty-first and before five p.m. central time on the first Tuesday in August before the election. The petition must be executed as provided in chapter 12-6. If the certificate of nomination is The petition is considered to be timely submitted if mailed by registered mail by before five p.m. central time on the first Tuesday in August at 5:00 p.m. central time before the election, it is timely submitted. The number of signatures required may not be less than in the year of the election. The nominating petition must be signed by a number of qualified voters of this state equal to at least one percent of the total combined vote number of votes cast for Governor at the last certified gubernatorial election within the state. An independent candidate for President shall file a declaration of candidacy and a certification of the candidate's selection for Vice President with the secretary of state with the candidate's nominating petitions. petitions petition. The candidate and the candidate's selection nominee for Vice President shall sign the certification before the nominating petitions petition are submitted. An independent candidate for Vice President may withdraw from the nomination by filing a request under oath with the secretary, pursuant to § 12-6-55. If an independent candidate for Vice President withdraws pursuant to § 12-6-55, no no, the independent 31 candidate for President shall have the candidate's name printed upon a ballot unless a 32 replacement selection for Vice President is certified to the secretary of state by the second 33 Tuesday in August. The State Board of Elections shall promulgate rules, pursuant to 34 chapter 1-26, prescribing the forms for the certificate of nomination and the certification for Vice President must nominate a replacement candidate for Vice President by certifying the nomination to the secretary no later than five p.m. central time on the second Tuesday in August in the year of the election. The independent candidate for President and the candidate's replacement nominee for Vice President shall sign the certification. The secretary may not place the name of an independent candidate for President on the general election ballot until a candidate for Vice President has been certified. The secretary shall prescribe the forms for the certification and withdrawal of a candidate for Vice President. 9

2-1-1.1. A petition sponsor shall file, in a physical and electronic copy format, a petition for an initiated amendment to the South Dakota Constitution, as it is to be circulated, with the secretary of state before the petition may be circulated and at least one year before the next general election at which the initiated amendment to the constitution is proposed to be submitted to the voters. The petition must: (1) Be accompanied by the full text of the initiated amendment in fourteen-point font; (2) Designate, in fourteen-point font, the date of the general election at which the initiated amendment is to be submitted; (3) Contain, in fourteen-point font, the title and explanation of the initiated amendment as prepared by the attorney general, pursuant to § 12-13-25.1; (4) Contain the fiscal note, if any, prepared pursuant to § 2-9-30, in fourteen-point font; (5) Be accompanied by a notarized affidavit form, signed by each person who is a petition sponsor, which includes the name and address of each petition sponsor; and (6) Be accompanied by a statement of organization as provided in § 12-27-6. The title to be contained on a petition for an initiated amendment, pursuant to subdivision (3), must be included on both sides of the sheet of paper on which the petition is printed. The title printed on the back side of the petition must be printed in at least sixteen-point font. Only an individual who is registered as a voter of this state, pursuant to chapter 12-4, may be a petition sponsor for an initiated amendment to the constitution. Each petition circulator shall provide to each individual who signs the petition a circulator handout containing the title of the initiated amendment to the Constitution, as prepared by the attorney general; the full text of the initiated amendment to the Constitution; the name, phone number, and email address of each petition sponsor; and a statement indicating whether the petition circulator is a volunteer or a paid circulator and, if a paid circulator, the amount the circulator is being paid. The secretary of state must approve the circulator handout for each initiated amendment to the Constitution before the petition is circulated. A petition for an initiated amendment to the constitution may not be circulated more than twenty-four months before the general election that was designated pursuant to subdivision (2). A sworn affidavit, signed by at least two-thirds of the petition sponsors, stating that the documents filed constitute the entire petition and to the best of the knowledge of the sponsors contains a sufficient number of signatures, must also be filed with the secretary of state. The initiated amendment petition signatures must be filed with the secretary of state by the first Tuesday in February of a general election year for the initiated amendment to qualify for submission to the voters at the next general election. The State Board of Elections secretary of state shall prescribe the form of the petition, including petition size and petition font size for ballot measure language not prescribed in this section. 19

2-1-1.2. A petition sponsor shall file, in physical and electronic copy format, a petition for an initiated measure, as it is to be circulated, with the secretary of state, before the petition may be circulated and at least one year before the next general election at which the initiated measure is proposed to be submitted to the voters. The petition must: (1) Be accompanied by the full text of the initiated measure in fourteen-point font; (2) Designate, in fourteen-point font, the date of the general election at which the initiated measure is to be submitted; (3) Contain, in fourteen-point font, the title and explanation of the initiated measure as prepared by the attorney general, pursuant to § 12-13-25.1; (4) Contain the fiscal note, if any, prepared pursuant to § 2-9-30, in fourteen-point 31 font; 32 (5) Be accompanied by a notarized affidavit form signed by each person who is a petition sponsor, which includes the name and address of each petition sponsor; and (6) Be accompanied by a statement of organization as provided in § 12-27-6. The title to be contained on a petition for an initiated amendment, pursuant to subdivision (3), must be included on both sides of the sheet of paper on which the petition is printed. The title printed on the back side of the petition must be printed in at least sixteen-point font. Only an individual who is registered as a voter of this state, pursuant to chapter 12-4, may be a petition sponsor for an initiated measure. Each petition circulator shall provide to each individual who signs the petition a circulator handout containing the title of the initiated measure as prepared by the attorney general; the full text of the initiated measure; the name, phone number, and email address of each petition sponsor; and a statement indicating whether the petition circulator is a volunteer or a paid circulator and, if a paid circulator, the amount the circulator is being paid. The secretary of state must approve the circulator handout for each initiated measure before the petition is circulated. A petition for an initiated measure may not be circulated more than twenty-four months before the general election that was designated pursuant to subdivision (2). A sworn affidavit, signed by at least two-thirds of the petition sponsors, stating that the documents filed constitute the entire petition and to the best of the knowledge of the sponsors contains a sufficient number of signatures, must also be filed with the secretary of state. The initiated measure petition signatures must be filed with the secretary of state by the first Tuesday in February of a general election year for the initiated measure to qualify for submission to the voters at the next general election. The State Board of Elections secretary of state shall prescribe the form of the petition, including petition size and petition font size for ballot measure language not prescribed in this section. 28

2-1-3. Any law which the Legislature may have enacted, except one that may be necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, shall, shall must, upon the filing of a petition as provided in this chapter, be submitted to a vote of the electors of the state at the next general election. The A petition shall to submit a law enacted by the Legislature to a vote of the electors of the state must be signed by not less than at least five percent of the qualified electors of the state. The secretary of state shall prescribe the form of the petition, including petition size and petition font size, shall be prescribed by the State Board of Elections. Source: SDC 1939, § 55.0402; SL 1957, ch 278, § 2; SL 1976, ch 105, § 77; SL 2018, ch 75, § 4. 19

2-1-3.1. A petition sponsor shall file, in physical and electronic format, a petition to refer a law, as it is to be circulated, with the secretary of state before the petition may be circulated. The petition must: (1) Contain, in fourteen-point font, the title of the referred law; (2) Contain the effective date of the referred law in fourteen-point font; (3) Contain the date of the general election at which the referred law is to be submitted in fourteen-point font; (4) Be accompanied by a notarized form signed by each person who is a petition sponsor, which includes the names and addresses of each petition sponsor; and (5) Be accompanied by a statement of organization as provided in § 12-27-6. The title required to be contained on a petition to refer a law, pursuant to 31 subdivision (1), must be included on both sides of the sheet of paper on which the petition 32 is printed. The title printed on the back side of the petition must be printed in at least sixteen-point font. Only an individual who is registered as a voter of this state, pursuant to chapter 12-4, may be a petition sponsor for a petition to refer a law. The petition circulator shall provide to each person individual who signs the petition a circulator handout containing the title of the referred law; the name, phone number, and email address of each petition sponsor; a statement whether the petition circulator is a volunteer or paid circulator and, if a paid circulator, the amount the circulator is being paid. The secretary of state must approve the circulator handout for each referred law before the petition is circulated. The signatures on a petition to refer a law must be filed with the secretary of state within ninety days after the Legislature that passed the referred law adjourned sine die. A sworn affidavit, stating that the documents filed constitute the entire petition and, to the best knowledge of the sponsors, contain at least the number of valid signatures required by S.D. Const., Art. III § 1, must be signed by at least two-thirds of the petition sponsors and filed with the secretary of state, along with the petition signatures. The State Board of Elections secretary of state shall prescribe the form of the petition and affidavit. 18