MENU

     Select a box and SCROLL DOWN


Voter Registration Challenges

South Dakota law (SDCL 12-4-58 through 12-4-63) allows registered voters to challenge the registration of another voter under certain circumstances, within a specific timeframe, and according to administrative rules (ARSD 5:02:24) that outline a formal legal process. Below is an overview of the voter challenge process.

Who can file a challenge?
According to SDCL 12-4-58 and 12-4-59, a challenge may be filed by any of the following:

  • Any individual registered to vote in South Dakota (a voter may need to meet additional requirements depending on the type of challenge being filed);
  • The auditor of the county where the challenged voter is registered; or
  • The Secretary of State.

What are the reasons that a voter's registration can be challenged?
According to SDCL 12-4-58, a challenge may be filed not later than thirty days prior to a primary, runoff, special, or general election on the grounds that the challenged voter:

  1. Is disqualified from voting, pursuant to SDCL 12-4-18; or
  2. Is deceased.

According to SDCL 12-4-59, a challenge may be filed not later than ninety days prior to a primary, runoff, special, or general election on the grounds that the challenged voter:

  1. Has voted or registered to vote in another state; or
  2. Is not a resident of South Dakota, pursuant to SDCL 12-1-4.

How can a challenge be filed?
To file a challenge, an interested individual must complete a combined application form and affidavit produced by the Secretary of State in accordance with rules promulgated by the State Board of Elections (ARSD 5:02:24:01). The completed form and affidavit must be filed with the auditor of the county where the challenged voter is registered.

Combined Application Form and Affidavit - Fillable PDF

According to SDCL 12-4-60, the application must contain:

  1. The name of the challenged individual;
  2. The address of the challenged individual;
  3. The name of the individual filing the application;
  4. The address, phone number, and email address of the individual filing the application;
  5. The date of the affidavit; and
  6. The reason for the challenge, pursuant to SDCL 12-4-58 and 12-4-59.

The application must be accompanied by at least one of the documents listed in ARSD 5:02:24:02, which include (among others) a record of a felony conviction in a state or federal court, a death certificate, a voter file obtained from an election official in another state, or a driver license issued by another state.

A challenge may not be based on rumors, anonymous claims, or assumptions.

What happens after a challenge is filed?
Once a challenge is filed, the county auditor will review the application and accompanying documentation to determine whether they are sufficient to establish a case against the challenged voter and authentic (ARSD 5:02:24:04).

If the county auditor determines that the application and accompanying documentation are sufficient and authentic, the auditor will send a verification request to the challenged voter pursuant to SDCL 12-4-61. The challenged voter will then have an opportunity to rebut the challenge by returning the verification request with the documents listed in ARSD 5:02:24:03 within thirty days of the postmark date. The challenged voter may also request a hearing with the county auditor to demonstrate their qualifications (ARSD 5:02:24:05). If the county auditor determines that the challenge is valid, then the challenged voter's registration will be canceled (ARSD 5:02:24:06).

If the county auditor determines that the application and accompanying documentation are not sufficient or authentic, or that the challenged voter's qualifications are sufficient, the challenged voter's registration will be maintained.

A challenged voter's registration may not be canceled if the voter has voted between the day the verification request was sent and the day after the next general election. If a challenge is filed on the grounds that the challenged voter has registered to vote or voted in another state or is not a resident of South Dakota, the voter's registration may not be canceled within the ninety days immediately prior to the date of an election.

Can the county auditor's decision be appealed?
According to SDCL 12-4-62, a voter whose registration is canceled after a challenge may appeal the decision to:

  • The board of county commissioners (the appeal must be filed with the state's attorney of the county); or
  • The circuit court.

What are the recordkeeping requirements?
The county auditor must scan all documentation relating to a challenge into the computerized voter registration system maintained by the Secretary of State.

Records of a challenge filed must be retained by the county auditor for at least twenty-two months. Thereafter, if the auditor chooses to destroy the records, the records must be destroyed in a secure manner (SDCL 12-4-63).

Privacy Notice
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 (SDCL 12-4-60).