South Dakota § 12-4-61 Voter registration challenge--Auditor duties--Verification request--Hearing--Voter cancellation--Limitation--Promulgation of rules.

South Dakota Statutes

§ 12-4-61 — Voter registration challenge--Auditor duties--Verification request--Hearing--Voter cancellation--Limitation--Promulgation of rules.

South Dakota § 12-4-61

Title 12ELECTIONS

Ch. 12-2REGISTRATION OF VOTERS

This text of South Dakota § 12-4-61 (Voter registration challenge--Auditor duties--Verification request--Hearing--Voter cancellation--Limitation--Promulgation of rules.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 12-4-61 (2026).

Text

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

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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 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.