Bill > SB114

This bill amends existing South Dakota law to clarify that the results printed by automatic tabulating equipment used in elections are considered immediate unofficial returns and that any cast vote record or ballot images collected by this equipment are public records, meaning they can be accessed by the public, with the exception that a county auditor is not required to produce these records if the equipment's software doesn't generate them. The bill also defines "ballot image" as a digital copy of a paper ballot and "cast vote record" as an electronic record showing how votes were counted. Additionally, it introduces new provisions that allow the governing body conducting an election to withhold cast vote records or ballot images if they contain voter-identifying information, reveal the order or time ballots were cast, are not presented in a way that preserves the integrity of the election process, or if they come from precincts or ballot styles with fewer than 100 ballots cast, unless those records are properly redacted and combined with other precincts or ballot styles to meet the 100-ballot threshold for release. The jurisdiction conducting the election will be responsible for all costs associated with producing, storing, archiving, and releasing these records.

Government Affairs

https://sdlegislature.gov/#/Session/Bill/26563