Changes to Existing Law

13-7-13. The business manager of the school district shall provide proper ballots, pollbooks, voting booths, and necessary supplies as required by law to the proper election 31 officials on election day. The ballots shall must be as prescribed by the State Board of Elections. The quantity number of ballots provided shall must be equal to at least ten percent more than the number of voters at the last comparable election. No party affiliation may appear on the ballot and the the. The names of the candidates for the respective vacancies shall must be printed on the ballot. Each candidate's position on the ballot shall be is to be chosen by lot by the business manager and each candidate may be present or represented when the position on the ballot is being determined. The Except as otherwise provided in this section, the school district business manager shall make the absentee ballots for the school elections shall be available for absentee voting district election available no later than fifteen days prior to election day. Source: SDC 1939, If a school district is located in multiple counties, the business manager of the school district must make absentee ballots available for a uniform period of time across the entire school district. If the board of the school district and the board of county commissioners of at least one county in which the school district is located have agreed to combine the school district election with a primary or general election, pursuant to § 15.2512; SL 1955, ch 41, ch 13-7-10.3, and have agreed to use the same ballot for the offices, ballot questions, and other contests of each jurisdiction, the business manager must make absentee ballots available forty-six days before election day across the entire school district. Section 13. Whereas, sections 1, 2, 3, 6, 7, 8, 11, and of this Act are necessary for the immediate preservation of the public peace, health, or safety, an emergency is hereby declared to exist, and sections 1, 2, 3, 6, 7, 8, 11, and of this Act shall be in full force and effect from and after its passage and approval. Section 14. Sections 4, 5, 9, § 14; SL 1957, ch 64, § 6; SDC Supp 1960, § 15.2314; SL 1975, ch 128, § 40; SL 1979, ch 113, § 6; SL 1995, ch 91; SL 2004, ch 75, § 10; SL 2008, ch 34, § 19; SL 2016, ch 43, § 4. and of this Act are effective beginning December 1, 2026. 24

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 to chapter 12-4 and resides in in, and is a resident of the school district at the time of the election. For the purposes of this section, a person resides in an individual is a resident of the school district if the person actually lives individual: (1) Lives in the school district for at least thirty days each year, is is; (2) Is a full-time postsecondary education student who resided in was a resident of the school district immediately prior to leaving for the postsecondary education, or is is; or (3) Is on active duty as a member of the armed forces whose and the individual's home of record is within the school district. A voter's qualification as a resident may be challenged in the manner provided in § 12-18-10. No election may be contested on the grounds that any a nonresident was allowed to vote if the nonresident was not challenged in the manner provided in § 12-18-10. 13

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 The business manager of each school district shall publish once each week for two consecutive weeks in the official newspaper, a notice setting forth the vacancies that will are to occur by termination of the terms of the elective or appointive school board members. The notice must be published no earlier than the fifteenth nor later than the thirtieth day of: (1) January, for an election held on the first Tuesday after the first Monday in June; or (2) June, for an election held on the first Tuesday after the first Monday in November. If the vacancies set forth in the notice exist within a new school board of a newly created school district pursuant to § 13-6-62, the county auditor of the county having jurisdiction over the election must publish the notice once each week for two consecutive weeks at least one month preceding the election. The notice must also state the time and place where nominating petitions for school board membership may be filed. Source: SDC 1939, § 15.2509; SL 1949, ch 70; SL 1951, ch 63, § 1; SL 1955, ch 41, ch 9, § 11; SL 1955, ch 44; SL 1957, ch 64, § 3; SDC Supp 1960, § 15.2311; SL 1968, ch 47, § 2; SL 1975, ch 128, § 32; SL 1976, ch 117, § 1; SL 1979, ch 113, § 1; SL 1985, ch 119, § 1; SL 1995, ch 90, § 3; SL 2004, ch 75, § 6; SL 2007, ch 89, § 1, eff. Feb. 15, 2007; SL 2025, ch 40, § 13, eff. Jan. 1, 2026. 12

13-7-8. The business manager of the school district shall publish in the official newspaper notices of an election once each week for two consecutive weeks with the first publication not less than ten days. The last notice must be published no earlier than four nor later than ten days before the election. The notice shall must state the date of the coming school election, election,; the vacancies to be filled with terms of each, each,; the candidates who have filed for these vacancies, vacancies,; questions, if any, to be submitted at the election, election,; and the location of polling places. A facsimile of the official ballot shall be published in the calendar week prior to each election must be published at least once within the two calendar weeks before an election. Source: SDC 1939, § 15.2511; SL 1955, ch 41, ch 9, § 13; SL 1957, ch 64, § 5; SDC Supp 1960, § 15.2313; SL 1975, ch 128, § 35; SL 1979, ch 113, § 4; SL 1985, ch 119, § 4; SL 2003, ch 43, § 3. 23

9-13-13. A notice of each municipal election shall must be published once each week for two successive weeks, the first publication may not be less than ten days prior to the election. The last notice must be published no earlier than four nor later than ten days before the election. A facsimile of the official ballot shall must be published in the 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 If no newspaper is published in the municipality, the notice shall must also be posted in three of the most public places in the municipality. Source: SDC 1939, § 45.1302; SL 1945, ch 201; SL 1977, ch 68, § 3; SL 1985, ch 59, § 1; SL 2002, ch 45, § 2; SL 2003, ch 43, § 1. 2

9-13-21. The finance officer shall prepare and furnish, at the expense of the municipality, all official ballots. The quantity of ballots provided shall must be at least ten percent more than the number of voters at the last comparable election. The ballots shall must be as prescribed by the State Board of Elections, of good quality of print paper, printed in black ink, and in the English language only. The Except as otherwise provided in this section, the finance officer shall make the absentee ballots for the municipal elections shall be available for absentee voting election available no later than fifteen days prior to election day. If the absentee ballots are for a runoff election, the ballots shall must be available no later than seven days prior to the runoff election day. If a municipality is located within multiple counties, the finance officer of the municipality must make absentee ballots available for a uniform period of time across the entire municipality. If the governing body of the municipality and the board of county commissioners of at least one county in which the municipality is located have agreed to combine a municipal election with a primary or general election, pursuant to § 9-13-37, and have agreed to use the same ballot for the offices, ballot questions, and other contests of each jurisdiction, the finance officer must make absentee ballots available forty-six days before election day across the entire municipality. Absentee voting shall must be conducted pursuant chapter 12-19. The names of the candidates for each office to be voted for in the precinct shall must be arranged without any other designation than that of the office for which they are candidates. If more than one member of the governing body is to be elected, the ballot shall must contain instructions as to how many candidates for the governing body are to be voted for a voter may vote for. The finance officer shall determine, by lot, each candidate's position on the ballot. Each candidate may be present or represented when the position on the ballot is being determined. No candidate's name may be printed upon the official ballot unless the candidate has been nominated as provided in this chapter. Source: SDC 1939, § 45.1321; SL 2001, ch 44, § 1; SL 2004, ch 75, § 5; SL 2008, ch 34, § 4; SL 2012, ch 85, § 3; SL 2016, ch 43, § 3; SL 2021, ch 40, § 1. 30

9-13-4.1. No person An individual may not vote at any a municipal election unless the person individual is registered to vote as a voter of the municipality, pursuant to chapter 12-4 12-4, and resides in is a resident of the municipality at the time of the election. For the purposes of this section, a person resides in an individual is a resident of the municipality if the person actually lives individual: (1) Lives in the municipality for at least thirty days each year, is is; (2) Is a full-time postsecondary education student who resided in was a resident of the municipality immediately prior to leaving for the postsecondary education, or is is; or (3) Is on active duty as a member of the armed forces whose and the individual's home of record is within the municipality. A voter's qualification as a resident may be challenged in the manner provided in § 12-18-10. No election may be contested on the grounds that any a nonresident was allowed to vote if the nonresident was not challenged in the manner provided in § 12-18-10. 22

9-13-6. The finance officer of the municipality shall have a notice published in the official newspaper of the municipality setting forth the vacancies that will are to occur by termination of the terms of office of elective officers. The notice must also state the time and place where nominating petitions may be filed for the offices. The notice must be published once each week for two consecutive weeks between no earlier than the fifteenth day and nor later than the thirtieth day of the month six months before the election. election: (1) January, for an election held on the first Tuesday after the first Monday in June; or (2) June, for an election held on the first Tuesday after the first Monday in November. 25