If a county uses an absentee ballot precinct at the building where the county auditor is located to process absentee ballots on election day for a federal, state, or county election, the county has the option to validate the absentee ballot signatures in the county auditor’s office. The county auditor shall follow the provisions of § 12-19-10 except for the following:

(1) The county auditor, at anytime during the absentee voting timeframe, shall carefully compare the statement on the reverse side of the official return envelope with the written application without opening or breaking the seal of the return envelope; and

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 2 misdemeanorup to 30 daysup to $500
For details, see § 22-6-2

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Terms Used In South Dakota Codified Laws 12-19-10.1

  • Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See South Dakota Codified Laws 2-14-2
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2

(2) If the county auditor determines that both signatures match:

(a) The application for absentee ballot does not need to be sent to the absentee precinct board; and

(b) The county auditor shall initial the envelope after the determination that signatures do match.

A violation of this section is a Class 2 misdemeanor.

Source: SL 2018, ch 82, § 1; SL 2023, ch 51, § 13.