§ 12-4-60 — Voter registration challenge--Application--Factual basis--Form--Documentation--Promulgation of rules--Certain information confidential--Penalty.

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 . 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, 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 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.

Legislative History

SL 2025, ch 61, § 3.