S.D. Admin. R. 47:02:02:26

Current through Register Vol. 51, page 71, January 6, 2025

Section 47:02:02:26 - Conduct of elections

Elections shall be conducted according to the following rules:

(1) Ballot boxes shall be examined by the division before the opening of the polls, in the presence of the observers, and shall be locked at the opening of the polls;

(2) When a voter states under oath, administered by the division, that because of physical disability or inability to read and write the voter cannot mark the ballot, the division shall privately assist the voter in marking the ballot;

(3) A voter shall make a cross or a check mark in the circle or block, designating the voter's choice in the election. The intent of the voter shall be followed in evaluating the marking of the ballot. If the ballot is defaced, torn, marked in a manner that it is not understandable, or identifies the voter, the ballot shall be declared void by the division. If the voter inadvertently spoils a ballot, the voter may return it to the division. The division shall give the voter another ballot, preserving the spoiled ballot for the time of counting;

(4) A voter shall fold the ballot so that no part of its face is exposed and shall personally deposit the ballot in the ballot box on leaving the polling booth. If the election is continued for more than one period, the ballot box shall remain sealed until the subsequent opening of the polls and shall remain in possession of the division until time for the counting of the ballots;

(5) An absentee ballot may be mailed to an individual eligible to vote only upon written notice from the individual to the division of the individual's inability to be present at the election. The voted ballot shall be mailed or delivered by the absentee voter to the division in the official envelope provided for this purpose. The envelope containing the ballot shall be opened at the time of the counting of ballots and placed in the ballot box. The ballot shall be in possession of the division prior to closing of the election at the place of balloting in order to be counted.

S.D. Admin. R. 47:02:02:26

SL 1975, ch 16, § 1; 9 SDR 81, 9 SDR 124, effective 7/1/1983.

General Authority: SDCL 3-18-6.

Law Implemented: SDCL 3-18-4, 3-18-5.