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+++ version:Enrolled
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-26.915.13 101st Legislative Session 176
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-2026 South Dakota Legislature
-Senate Bill 176
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-Introduced by: Senator Hulse
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-  Underscores indicate new language.
-  Overstrikes indicate deleted language.
-An Act to amend the period of time before which ballots and other election materials 1
-may be destroyed following an election. 2
-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
-Section 1. That a NEW SECTION be added to chapter 9-13: 4
-The returns from a municipal election must be certified by the precinct election 5
-board in each polling place, and the ballots, properly sealed in ballot boxes, together with 6
-the pollbooks, must be placed in the custody of the municipal finance officer. 7
-The finance officer may destroy voted ballots, pollbooks, and all other election 8
-material relating to a municipal election twenty-two months after the election at which the 9
-ballots were voted. 10
-Section 2. That § 12-20-31 be AMENDED: 11
-12-20-31. The officer in charge of an election may destroy voted ballots and 12
-pollbooks from a nonfederal election sixty days following the election at which such ballots 13
-were voted. However, they may not be destroyed if any recount or contest of such election 14
-is pending. The officer The person in charge of an election may destroy voted ballots, 15
-pollbooks, and all other election material relating to a nonfederal election twenty -two 16
-months after the election at which the ballots were voted. 17
-The person in charge of an election may destroy voted ballots, pollbooks and all 18
-other election material relating to a federal election twenty-two months after the election 19
-at which the ballots were voted. 20
-For the purpose  purposes of this section, a federal election is any election to 21
-nominate or elect persons to the United States Congress or other national elected position, 22
-including national issues or questions. If a ballot is used for a federal election and a state 23
-or local election, the ballots and all other election material  shall must be maintained for 24
-26.915.13 2 176
-  Underscores indicate new language.
-  Overstrikes indicate deleted language.
-twenty-two months. All federal election material may be removed from the ballot box if it 1
-is maintained in such a manner as to guarantee the safety and integrity of such material. 2
-Section 3. That § 13-7-17 be AMENDED: 3
-13-7-17. The returns from a school district election shall must be certified by the 4
-precinct election board in each polling place, and the ballots, properly sealed in ballot 5
-boxes, together with the pollbooks,  shall must be placed in the custody of the school 6
-district's business manager , who shall keep such boxes inviolate for at least sixty days 7
-after the canvass of the returns. 8
-The business manager may destroy voted ballots, pollbooks, and all other election 9
-material relating to a school district election twenty-two months after the election at which 10
-the ballots were voted. 11
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