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Chris
Keymaster
Post count: 309

I finally received an email response from Kea Warne, Director of Division of Elections at the Office of the SD Secretary of State.

If this is the SD law, how can signed affidavits be used when there is no ID available?
Response:
The following statute provides for the personal identification affidavit:
12-18-6.2. Affidavit in lieu of personal identification.
If a voter is not able to present a form of personal identification as required by § 12-18-6.1, the voter may complete an affidavit in lieu of the personal identification. The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the form of the affidavit. The affidavit shall require the voter to provide his or her name and address. The voter shall sign the affidavit under penalty of perjury.
Source: SL 2003, ch 82, § 2.

What is the process for these affidavits?
Response:
See SDCL 12-18-6.2 above.

Where is this affidavit process described in SD law?
Response:
See SDCL 12-18-6.2 above.

Did the people vote for this affidavit exception?
Response:
No.

If not, how did this process come about?
Response:
When the Help America Vote Act (HAVA) was passed 2002, every state had to prepare a HAVA State Plan to implement the requirements of the Act. The Secretary of State’s office, under Secretary Chris Nelson, held task force meetings to have people with different views to help draft the first HAVA state plan. This process was included in the state plan and later codified in SDCL 12-18-6.2.

In addition, in several elections here in Harrisburg, pencils were provided to fill out the paper ballot. Why are pencils being used when ballots can easily be changed or manipulated if pencils are used?
Response:
Pencils are allowed to be used per SDCL 12-18-16. Additionally, the ballot counting process is open to anyone that wants to watch the election board count the ballots.

Is this lawful to use pencils on ballots?
Response:
Yes, it is lawful to use a pencil.

Where is the law that supports the use of pencils instead of pens?
Response:
SDCL 12-18-16. Marking of paper ballot–Form of mark.

If a paper ballot is used, the voter may use a pencil or pen to mark the voter’s ballot and the voter may mark the ballot with either a cross (x) or check mark ().

Here is the link to the SD codified law, referenced above, that states pencils can be used in an election: https://sdlegislature.gov/Statutes/Codified_Laws/2040852

I think we need to change some election laws here in SD. What do you think?