5:02:03:12.  Agency voter registration instructions. The declination form and instructions provided with each voter registration form used by an agency which provides food stamps; temporary assistance for needy families (TANF); the women, infants, and children nutrition program (WIC); military recruitment; or assistance to the disabled as provided by the Department of Human Services must be in the following form:

SOUTH DAKOTA AGENCY VOTER REGISTRATION FORM

If you are (bold) not registered to vote where you live now (unbold), would you like to apply to register to vote here today? Yes _______   No _______

If you do not check either box, you will be considered to have decided not to register to vote at this time.

If you register to vote, the information regarding the office to which the voter registration form was submitted will remain confidential and be used only for voter registration purposes.

If you don't register to vote, this decision will remain confidential and be used only for voter registration purposes.

If you would like help filling out the voter registration form, we will help you. The decision whether to seek or accept help is yours. You may fill out the form in private.

If you believe that someone has interfered with your right to register or to decline to register to vote, your right to privacy in deciding whether to register or in applying to register to vote, or your right to choose your own political party or other political preference, you may file a complaint with the Secretary of State, 500 E. Capitol, Pierre, SD 57501, 605-773-3537.

Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency.

To register, please complete the entire voter registration form by printing the requested information. If you are currently registered to vote, please also fill out the previous voter registration information at the bottom of the form. Return the voter registration form to the county auditor in your county of residence or to your local TANF, food stamp, WIC, military recruitment, or Department of Human Services office. (bold) The deadline for registration is 15 days before any election. (unbold)

          Source: 21 SDR 77, effective October 24, 1994; 23 SDR 115, effective January 22, 1997; 29 SDR 177, effective July 2, 2003; 31 SDR 214, effective July 4, 2005; 40 SDR 40, effective September 9, 2013.

          General Authority: SDCL 12-4-35.

          Law Implemented: SDCL 12-4-2.

          5:02:03:13.  Voter registration instructions. The instructions attached to each voter registration form other than those used in the county auditor's office, the alternative form provided in § 5:02:03:01, or those used by agencies listed in § 5:02:03:12 must be in the following form:

South Dakota Voter Registration Form

Please follow these instructions carefully to ensure that your voter registration is properly completed.

You can use this form to:

          * Register to vote in South Dakota

          * Change your registration name or address

          * Change your party affiliation

To register to vote in South Dakota, you must:

          * Be a United States citizen

          * Reside in South Dakota

          * Be at least 18 years old on or before the next election

          * Not be currently serving a sentence for a felony conviction

          * Not be judged mentally incompetent by a court of law

To register, please complete the entire registration form by printing the requested information. If you are currently registered to vote, please also fill out the attached cancellation form. Return the registration/cancellation form to the county auditor in your county of residence. Any private person or entity registering voters is required to provide you with their contact information. (bold) The deadline for registration is 15 days before any election. Your form must be received by the auditor by this deadline if you are to vote in the next election. (unbold)

Within 15 days you will receive a notice of your registration. If you do not, contact your county auditor.

          Source: 21 SDR 77, effective October 24, 1994; 23 SDR 115, effective January 22, 1997; 29 SDR 177, effective July 2, 2003; 31 SDR 214, effective July 4, 2005; 39 SDR 123, effective January 16, 2013.

          General Authority: SDCL 12-4-35.

          Law Implemented: SDCL 12-4-2, 12-4-3.

          5:02:03:18.  Voter registration statistics. Following each general election, each county auditor shall supply the following information to the secretary of state for compilation of statewide statistics:

          (1)  The number of active and inactive voter registrations at the time of the last general election;

          (2)  The number of active and inactive voter registrations at the time registration closes for the current general election;

          (3)  The number of new voter registrations between the last two general elections. This does not include any registrations which only provide for change of name, party, or address within the county;

          (4)  The number of active and inactive voter registrations following the current general election;

          (5)  The number of registrations which were canceled between the last two general elections;

          (6)  The number of registrations between the last two general elections received from:

               (a)  Driver's license offices;

               (b)  Mail-in;

               (c)  Public assistance agencies such as food stamps, AFDC, and WIC;

               (d)  Department of Human Services;

               (e)  Armed forces recruitment offices;

               (f)  Municipal finance offices;

               (g)  In-person registration at the auditor's office;

               (h)  Voter registration drives which deliver cards; and

               (i)  Individual voters registering through the UOCAVA system;

          (7)  The number of duplicate registrations between the last two general elections received from:

               (a)  Driver's license offices;

               (b)  Mail-in;

               (c)  Public assistance agencies such as food stamps, AFDC, and WIC;

               (d)  Department of Human Services;

               (e)  Armed forces recruitment offices;

               (f)  Municipal finance offices;

               (g)  In-person registration at the auditor's office;

               (h)  Voter registration drives which deliver cards; and

               (i)  Individual voters registering through the UOCAVA system;

          (8)  The number of confirmation mailings sent between the last two general elections; and

          (9)  The number of responses received from confirmation mailings sent between the last two general elections in the following categories:

               (a)  No change in registration;

               (b)  Address change within the county;

               (c)  Registration change to new county;

               (d)  Cancellation because of change to new state;

               (e)  No response to confirmation mailing; and

               (f)  Confirmation mailing card undeliverable.

          Source: 21 SDR 77, effective October 24, 1994; 44 SDR 94, effective December 4, 2017.

          General Authority: SDCL 12-4-35.

          Law Implemented: SDCL 12-4-35.

          5:02:03:20.  Potential duplicate notice. The mailing notice sent to potential duplicates by forwardable mail to confirm voter registration information must contain the following information:

Voter Registration Information                                                          (postage)

(List voter's name, complete mailing

address, complete residence address,           _________________________________________

political party, ward, precinct, school          _________________________________________

district, county commission district,                 __________________________, SD ___________

legislative district, water district,

township, and visit sdsos.gov to find

your voting location.)

If this information is correct and you wish

to remain registered to vote, please check                            Forwarding Service Requested

the first box, sign below, tear off this                                  or Address Service Requested

preaddressed and prepaid card and mail.

If this is not correct, please see reverse

side for instructions.

(bold) You must check one: (unbold)

          I certify that the above information

          is correct or has been corrected and

          that I am not registered at any other

          address; or

          I certify that I have registered elsewhere                        (Voter's Name)

          or cancel my registration.                                     (Voter's Address)

                                                                                              (Voter's City, State, Zip)

Date ______________

Voter Signature ________________________

The reverse side shall be in the following form:

          Potential Duplicate Voter Registration Notice

1.  Your voter registration has been identified

as a possible duplicate voter registration in

South Dakota. Please follow these instructions

to confirm the validity of this voter registration.

2.  If you are not registered at any other address,

the information on the reverse side is correct and

you wish to remain registered to vote, please                      (Postage Prepaid)

check the first box, sign, tear off, and return the

attached card.

3.  If any of this information is not correct, please

check the first box, make the appropriate changes,

sign, tear off, and return the attached card. Your

voter registration will be changed to reflect the

information which you provide.

                                                                                              (County Auditor's Address)

4.  (bold) If this card is not returned within 30 days,

your voter registration will become inactive. (unbold)

With an inactive registration you will be able to vote

by signing an affirmation of current address at your

polling place.

5.  If this card is not returned within 30 days and you

do not vote by the second general election from today,

your registration will be canceled.

6.  If you have registered to vote elsewhere, please

check the second box, sign, and return.

          Source: 28 SDR 99, effective January 17, 2002; 36 SDR 112, effective January 11, 2010; 40 SDR 40, effective September 9, 2013.

          General Authority: SDCL 12-1-9(1).

          Law Implemented: SDCL 12-4-40.

          5:02:03:21.  Statement by person registering without a driver license, nondriver identification number, or social security number. The statement which must be signed by a person registering to vote who does not have a South Dakota driver license, South Dakota nondriver identification number, or social security number shall be in the following form:

Statement by Person Registering Without a South Dakota Driver License, South Dakota Nondriver Identification Number, or Social Security Number

I, ________________________ (print complete name), under oath, declare that I do not have a valid South Dakota driver license or South Dakota nondriver identification number, and that I have not been issued a social security number. Because I do not have a South Dakota driver license, South Dakota nondriver identification number, or social security number, my voter registration form is blank in the spot requiring such number.

(Signed) ________________________________

Sworn to before me this ______ day of _______________, 20_____.

          (Seal)

__________________________________

Signature of County Auditor

          Source: 29 SDR 177, effective July 2, 2003; 33 SDR 230, effective July 1, 2007; 47 SDR 37, effective October 6, 2020.

          General Authority: SDCL 12-4-5.4.

          Law Implemented: SDCL 12-4-5.4.

          5:02:03:24.  Notice to removed felons. Any person who is removed from the voter registration list due to a felony conviction shall be notified by the county auditor. The notice shall be sent by forwardable mail in the following form:

Felony Conviction Notice Received

Voter Registration Cancellation Notice

This office has been notified that you have been convicted of a felony.

Under South Dakota law § 12-4-18, a person convicted of a felony loses the right to vote. You will be eligible to register to vote upon completion of your entire sentence.

Further information is available at www.sdsos.gov.

If you have any questions or believe this to be an error, please contact this office at _________________ (phone number).

          Source: 36 SDR 209, effective June 30, 2010; 39 SDR 123, effective January 16, 2013.

          General Authority: SDCL 12-1-9(3).

          Law Implemented: SDCL 12-4-18, USC 1973gg-6(g).

          5:02:03:25.  Overseas registrant form. Repealed.

          Source: 40 SDR 40, effective September 9, 2013; 42 SDR 178, effective July 1, 2016.

          05:02:03:26.  National change of address notice. The national change of address notice must be sent to any voter in the active registration file who has failed to vote and, has not updated the voter's registration information, and has not replied to a confirmation mailing at least once during the last preceding four consecutive years and has had a National Change of Address within the jurisdiction with the United States Post Office. The postal endorsement must be: forwarding service requested. This notice must be mailed to the voter as required by SDCL 12-4-19 and must contain the following:

NATIONAL CHANGE OF ADDRESS

VOTER REGISTRATION NOTICE

          Your name and address was listed on the National Change of Address (NCOA) and this notice is to verify that this address is where you are now residing. Below is the address you provided to the United States Post Office for the NCOA.

Name:                                                                      Ward:

Residence Address:                                         Commissioner:

Party:                                                                       State Senate:

Ward:                                                                      State House:

Voting Precinct:                                                      Water District:

School District:                                                        Township:

Municipal:                                                               Date of Registration:

          Please review the information on this card. If the information is correct, you do not need to do anything further. If any of the information is incorrect, please make your corrections next to where your information is listed, sign and date, and return the card to the county auditor at the address listed on this card.

          For questions call your county auditor's office at _____________________________

          Date ___________________________________

          Signature _______________________________

          The postal endorsement shall be: Forwarding Service Requested.

          Note: A voter may not have information listed for each district.

          Source: 44 SDR 94, effective December 4, 2017.

          General Authority: SDCL 12-1-9(1), 12-4-19.

          Law Implemented: SDCL 12-4-19.

          5:02:04:04.  Notice of deadline for voter registration. The notice of deadline for voter registration must be in the following form:

NOTICE OF DEADLINE FOR VOTER REGISTRATION

          Voter registration for the ________________ Election to be held on ___________________, will close on __________________ at 5:00 p.m. Failure to register by this date will cause forfeiture of voting rights for this election. If you are in doubt about whether you are registered, check the Voter Information Portal at www.sdsos.gov or call the county auditor at    (telephone number)   .

          Registration may be completed during regular business hours at the county auditor's office, municipal finance office, secretary of state's office, and those locations which provide driver's licenses, SNAP, TANF, WIC, military recruitment, and assistance to the disabled as provided by the Department of Human Services. You may contact the county auditor to request a mail-in registration form or access a mail-in form at (www.sdsos.gov or a county provided website with a link to a voter registration form - insert one option or the other).

          Any voter who needs assistance, pursuant to the Americans with Disabilities Act, may contact the county auditor for information and special assistance in voter registration.

_______________________________________

                                                                                  (Person in charge of election - Title)

_______________________________________

                                                                                  (Political Subdivision)

          Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 6 SDR 123, effective July 2, 1980; 8 SDR 24, effective September 16, 1981; 12 SDR 43, effective September 23, 1985; 21 SDR 77, effective October 24, 1994; 25 SDR 8, effective August 3, 1998; 27 SDR 146, effective July 9, 2001; 30 SDR 171, effective May 10, 2004; 36 SDR 112, effective January 11, 2010; 42 SDR 178, effective July 1, 2016.

          General Authority: SDCL 12-1-9(3).

          Law Implemented: SDCL 12-4-3, 12-4-5.2, 12-4-7.2.

          Cross-Reference: Pub. L. No. 98-435.

          5:02:04:05.  Notice of general election. The notice of general election must be in the following form:

NOTICE OF GENERAL ELECTION

          A General Election will be held on Tuesday, November _______, ______, in all the voting precincts in _________________ County.

          The election polls will be open from seven a.m. to seven p.m. (mountain or central) time on the day of the election.

          The polling place in each precinct of the county is as follows:

          (Here list precincts and polling places. A map showing the precincts and location of the polling places within the county may be inserted. A map showing the voting precincts and polling places of a municipality may also be inserted.)

          Any voter who needs assistance, pursuant to the Americans with Disabilities Act, may contact the county auditor at (insert phone number) before the election for information on polling place accessibility for people with disabilities.

_______________________________________

                                                                                  County Auditor

_______________________________________

                                                                                  County

          Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 8 SDR 24, effective September 16, 1981; 16 SDR 20, effective August 10, 1989; 25 SDR 8, effective August 3, 1998; 29 SDR 113, effective January 30, 2003; 42 SDR 178, effective July 1, 2016.

          General Authority: SDCL 12-1-9(3).

          Law Implemented: SDCL 12-2-3, 12-12-1.

          5:02:04:06.  Notice of vacancy for municipal election. The notice of vacancy for a municipal election shall be in the following form:

NOTICE OF VACANCY

MUNICIPALITY OF ______________

          The following offices will become vacant due to the expiration of the present term or due to the resignation of office of the elective officer:

(HERE LIST THE OFFICES TO BE FILLED)

Mayor, ______ year term

City Commission, City Council, Alderman-Ward (list ward), Trustee, ______ year term

City Commission, City Council, Alderman-Ward (list ward), Trustee, ______ year term

City Council at Large, ______ year term

          Circulation of nominating petitions may begin on _________________ and petitions may be filed in the office of the finance officer located at ____________________ between the hours of _______ a.m. and _______ p.m., (mountain or central) time not later than the _______ day of ____________, 20_____, or mailed by registered mail not later than the _________ day of ____________, 20_____, at 5:00 p.m. (mountain or central) time.

_______________________________________

                                                                                  Finance Officer

          Source: 4 SDR 26, effective October 27, 1977; 8 SDR 24, effective September 16, 1981; 14 SDR 19, effective August 9, 1987; 16 SDR 20, effective August 10, 1989; 19 SDR 12, effective August 5, 1992; 42 SDR 178, effective July 1, 2016; 47 SDR 37, effective October 6, 2020.

          General Authority: SDCL 12-1-9(3).

          Law Implemented: SDCL 9-13-6, 9-13-7, 9-13-9.

          5:02:04:08.  Notice of municipal election. The notice of municipal election must be in the following form:

NOTICE OF MUNICIPAL ELECTION

MUNICIPALITY OF ______________

          A Municipal Election will be held on _____________ in ______________, South Dakota. If the polls cannot be opened because of bad weather, the election may be postponed one week.

          The election polls will be open from seven a.m. to seven p.m. _______ (mountain or central) time on the day of the election.

          At the election, the following questions will be voted upon or offices will be filled:

(HERE LIST QUESTIONS TO BE VOTED UPON AND OFFICES TO BE

FILLED, WITH TERM LENGTHS AND CANDIDATES' NAMES)

(FURTHERMORE, THE FOLLOWING ARE UNOPPOSED)

          The polling place in each precinct of this municipality is as follows:

          (Here list the precincts and polling places. Here also may be inserted a map showing the precincts and location of the polling places within the municipality.)

          Any voter who needs assistance, pursuant to the Americans with Disabilities Act, may contact the municipal finance officer at (insert phone number) before the election for information on polling place accessibility for people with disabilities.

_______________________________________

                                                                                  Finance Officer

          Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 14 SDR 19, effective August 9, 1987; 16 SDR 20, effective August 10, 1989; 19 SDR 12, effective August 5, 1992; 23 SDR 236, effective July 17, 1997; 25 SDR 8, effective August 3, 1998; 29 SDR 113, effective January 30, 2003; 31 SDR 35, effective September 23, 2004; 42 SDR 178, effective July 1, 2016.

          General Authority: SDCL 12-1-9(3).

          Law Implemented: SDCL 9-13-13, 12-2-4.

          5:02:04:09.  Notice of special election. The notice of special election must be in the following form:

NOTICE OF SPECIAL ELECTION

(MUNICIPALITY OF ________________) OR (________________ COUNTY)

          A Special Election will be held on __________________, ______, in _______________, South Dakota. If the polls cannot be opened because of bad weather, the election may be postponed one week.

          The election polls will be open from seven a.m. to seven p.m. __________(mountain or central standard or mountain or central daylight savings) time on the day of the election.

          At the election, the following questions will be voted upon:

          (HERE LIST THE QUESTIONS TO BE VOTED UPON AND OFFICES TO BE FILLED, WITH TERM LENGTHS AND CANDIDATE NAMES)

          The polling place in each precinct of this (municipality or county) is as follows:

          (Here list precincts and polling places. Here also may be inserted a map showing the precincts and location of the polling places.)

          Any voter who needs assistance, pursuant to the Americans with Disabilities Act, may contact the (list person in charge of the election ex: county auditor or municipal finance officer) at (insert phone number) before the election for information on polling place accessibility for people with disabilities.

____________________________________

                                                                                  (Finance Officer or County Auditor)

          Source: 4 SDR 26, effective October 27, 1977; 16 SDR 20, effective August 10, 1989; 23 SDR 236, effective July 17, 1997; 25 SDR 8, effective August 3, 1998; 29 SDR 113, effective January 30, 2003; 35 SDR 48, effective September 8, 2008; 42 SDR 178, effective July 1, 2016.

          General Authority: SDCL 12-1-9(3).

          Law Implemented: SDCL 7-18A-20, 9-13-14, 12-2-4.

          5:02:04:11.  Notice of special recall election and of filing of nominating petitions for special recall election. The notice of special recall election and the filing of nominating petitions for the special recall election must be in the following form:

NOTICE OF SPECIAL RECALL ELECTION

MUNICIPALITY OF _________________

          A Special Recall Election will be held on __________________, ______, in all the voting precincts in ______________, South Dakota. If the polls cannot be opened because of bad weather, the election may be postponed one week.

          The following individual(s) (has or have) filed petitions in the office of the Finance Officer for the position(s) to be filled in the Special Recall Election:

(HERE LIST THE INDIVIDUAL(S) WHO (HAS OR HAVE) FILED NOMINATING PETITIONS)

          The incumbent, ____________________, (will also or will not) appear on the ballot.

          The election polls will be open from seven a.m. to seven p.m. __________, (mountain or central) time on the day of the election.

          At the election the following office(s) will be filled:

[HERE LIST THE OFFICE(S) TO BE FILLED]

          The polling place in each precinct of this municipality is as follows:

          (Here list the precincts and polling places. Here also may be inserted a map showing the precincts and location of the polling places within the municipality.)

          Any voter who needs assistance, pursuant to the Americans with Disabilities Act, may contact the municipal finance officer at (insert phone number) before the election for information on polling place accessibility for people with disabilities.

                                                                                            ________________________________

                                                                                      Finance Officer

          Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 8 SDR 24, effective September 16, 1981; 16 SDR 20, effective August 10, 1989; 23 SDR 236, effective July 17, 1997; 25 SDR 8, effective August 3, 1998; 29 SDR 113, effective January 30, 2003; 42 SDR 178, effective July 1, 2016.

          General Authority: SDCL 12-1-9(3).

          Law Implemented: SDCL 9-13-31, 9-13-32, 12-2-4.

          5:02:04:13.  Notice of runoff election. The notice of runoff election must be in the following form:

NOTICE OF RUNOFF ELECTION

MUNICIPALITY OF ______________

          The following candidates will appear on the ballot for the runoff election to be held on ___________________, ______. If the polls cannot be opened because of bad weather, the election may be postponed one week.

(HERE LIST CANDIDATES APPEARING ON THE BALLOT AND POSITION

FOR WHICH THEY ARE RUNNING.)

          The election will be held during the same hours and at the same polling places as the annual municipal election held on ________________________.

          Voters with disabilities may contact the city finance officer for information and special assistance in absentee voting or polling place accessibility.

________________________________

                                                                                               Finance Officer

          Source: 4 SDR 26, effective October 27, 1977; 16 SDR 20, effective August 10, 1989; 23 SDR 236, effective July 17, 1997; 25 SDR 8, effective August 3, 1998; 44 SDR 94, effective December 4, 2017.

          General Authority: SDCL 12-1-9(3).

          Law Implemented: SDCL 9-13-26.1, 9-13-27.1, 12-6-51.1.

          5:02:04:14.  Notice of vacancy on school board. The notice of vacancy on a school board shall be in the following form:

NOTICE OF VACANCY ON SCHOOL BOARD

______________SCHOOL DISTRICT NO. ______

          The following school board position(s) will become vacant due to the expiration of the present term(s) of office or due to the resignation of the following school board member(s).

(HERE LIST THE BOARD POSITION(S) AND TERM(S) TO BE FILLED)

School Board Member, ______ year term

School Board Member, Representation Area (list area), ______ year term

          Circulation of nominating petitions may begin on _________________ and petitions may be filed in the office of the business manager located at __________________ between the hours of ________a.m. and ________p.m., ________ (mountain or central) time not later than ________________, at 5:00 p.m., or mailed by registered mail not later than ________________, at 5:00 p.m.

________________________________

                                                                                               Business Manager

          Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 8 SDR 24, effective September 16, 1981; 14 SDR 19, effective August 9, 1987; 25 SDR 167, effective July 6, 1999; 42 SDR 178, effective July 1, 2016.

          General Authority: SDCL 12-1-9(3).

          Law Implemented: SDCL 9-13-1.1, 13-7-5, 13-7-6, 13-7-10.1.

          5:02:04:15.  Notice of school board election. The notice of school board election must be in the following form:

NOTICE OF SCHOOL BOARD ELECTION

__________ SCHOOL DISTRICT NO. __________

          A School District Election will be held on ____________________, ______, in all the voting precincts in School District No. ________, _______________, South Dakota. If the polls cannot be opened because of bad weather, the election may be postponed one week.

          The election polls will be open from seven a.m. to seven p.m. (mountain or central) time on the day of the election.

          (HERE LIST QUESTIONS AND OFFICES TO BE VOTED UPON,

WITH TERM LENGTHS AND CANDIDATES WHO HAVE FILED)

          The polling place in each precinct of this district is as follows:

(Here list precincts and polling places. Here also may be inserted a map showing the

precincts and location of the polling places within the district.)

          Any voter who needs assistance, pursuant to the Americans with Disabilities Act, may contact the school business manager at (insert phone number) before the election for information on polling place accessibility for people with disabilities.

________________________________

                                                                                               Business Manager

          Source: 4 SDR 26, effective October 27, 1977; 16 SDR 20, effective August 10, 1989; 19 SDR 12, effective August 5, 1992; 23 SDR 236, effective July 17, 1997; 25 SDR 8, effective August 3, 1998; 29 SDR 113, effective January 30, 2003; 42 SDR 178, effective July 1, 2016.

          General Authority: SDCL 12-1-9(3).

          Law Implemented: SDCL 12-2-4, 13-7-8.

          5:02:04:16.  Notice of primary election. The notice of primary election must be in the following form:

NOTICE OF PRIMARY ELECTION

          A Primary Election will be held on Tuesday, June ______, ______, in all the voting precincts in ______________ County.

          The election polls will be open from seven a.m. to seven p.m. ________ (mountain or central) time on the day of the election.

          The polling place in each precinct of this county is as follows:

          (Here list precincts and polling places. Here also may be inserted a map showing the precincts and location of the polling places within the county. A map may also be inserted showing the voting precincts and polling places of a municipality.)

          Any voter who needs assistance, pursuant to the Americans with Disabilities Act, may contact the county auditor at (insert phone number) before the election for information on polling place accessibility for people with disabilities.

__________________ County Auditor

_________________________ County

          Source: 4 SDR 26, effective October 27, 1977; 4 SDR 85, effective June 14, 1978; 6 SDR 25, effective September 24, 1979; 16 SDR 20, effective August 10, 1989; 25 SDR 8, effective August 3, 1998; 29 SDR 113, effective January 30, 2003; 42 SDR 178, effective July 1, 2016.

          General Authority: SDCL 12-1-9(3).

          Law Implemented: SDCL 12-12-1.

          5:02:04:17.  Notice of deadline for filing primary nominating petitions. Between the fifteenth and thirtieth day of January in an even-numbered year, the person in charge of the local election shall publish a notice in the following form:

NOTICE OF DEADLINE FOR FILING NOMINATING PETITIONS FOR THE PRIMARY ELECTION AND FOR FILING INDEPENDENT CANDIDATE PETITIONS

          The deadline for filing nominating petitions for the primary election is ________________, ____, at 5:00 p.m. (mountain or central) time. If a petition is mailed by registered mail by ___________, _____, at 5:00 p.m. (mountain or central) time, it is considered filed.

          The deadline for filing nominating petitions to run as an independent candidate in the general election is _____________, _____, at 5:00 p.m. (mountain or central) time. If a petition is mailed by registered mail by ___________, _____, at 5:00 p.m. (mountain or central) time, it is considered filed. For the offices of (here list county offices) nominating petitions must be filed in the office of the (insert name of county) county auditor, and nominating petitions for the offices of (here list legislative, state, judicial, and federal offices) must be filed in the Office of the Secretary of State, State Capitol Building, Pierre, SD 57501.

          The deadline for filing nominating petitions to run as an independent candidate for president in the general election is ____________, _____, at 5:00 p.m. central time. If a petition is mailed by registered mail by ___________, _____, at 5:00 p.m. central time, it is considered filed. (Only include this deadline in addition to the independent deadline above if it is a presidential election year.)

          Nominating petitions for the offices of (here list county offices) must be filed in the office of the county auditor during regular business hours. Nominating petitions for the offices of (here list legislative, state, judicial, and federal offices) must be filed in the Office of the Secretary of State, State Capitol Building, Pierre, SD 57501, between the hours of 8:00 a.m. and 5:00 p.m. central time.

_____________________________________

(County Auditor or County Finance Officer)

          Source: 6 SDR 25, effective September 24, 1979; 8 SDR 24, effective September 16, 1981; 30 SDR 171, effective May 10, 2004; 42 SDR 178, effective July 1, 2016; 44 SDR 94, effective December 4, 2017; 45 SDR 9, effective July 30, 2018; 46 SDR 42, effective September 30, 2019.

          General Authority: SDCL 12-1-9(3).

          Law Implemented: SDCL 12-12-1.

          5:02:04:19.  Publication of ballot for runoff election. A copy of the runoff election ballot as prescribed in § 5:02:06:17 shall be printed with the notice prescribed in § 5:02:04:18.

          Source: 12 SDR 43, effective September 23, 1985; 14 SDR 19, effective August 9, 1987; 44 SDR 94, effective December 4, 2017.

          General Authority: SDCL 12-1-9(3).

          Law Implemented: SDCL 12-6-51.1, 12-12-1.

          5:02:04:21.  Notice of cancellation of municipal election. Repealed.

          Source: 14 SDR 19, effective August 9, 1987; 36 SDR 209, effective June 30, 2010; repealed, 42 SDR 15, effective August 11, 2015.

          5:02:04:22.  Notice of election for special district formation. The notice of election for formation of county road, ambulance, rural fire protection, sanitary, irrigation, watershed, or water project districts must be in the following form:

NOTICE OF MEETING AND ELECTION

PROPOSED _________________(insert district name and type) DISTRICT

          A (Meeting and) Election will be held on _________________ to determine if the proposed __________________________(insert district name and type) district shall be formed. (insert the following sentence only if trustees are to be elected at this meeting: If the district is formed by this election, nomination and election of a board of trustees will take place at the meeting.)

          Residents within the proposed district who are also registered voters within the district are eligible to vote in this election.

          The (meeting and) election will begin at ____________ (mountain or central) time and continue until all present have voted.

          The (meeting and) election will be held at the __________________________.

          The area to be included in the proposed district is: (Include legal description of proposed district).

          Any voter who needs assistance, pursuant to the Americans with Disabilities Act, may contact the county auditor at (insert phone number) before the election for information on polling place accessibility for people with disabilities.

                                                                                  __________________County Auditor

                                                                                    _________________________County

          Source: 25 SDR 8, effective August 3, 1998; 29 SDR 113, effective January 30, 2003; 35 SDR 306, effective July 1, 2009; 42 SDR 178, effective July 1, 2016.

          General Authority: SDCL 6-16-8.

          Law Implemented: SDCL 6-16-5, 6-16-8.

          5:02:04:23.  Notice of vacancy for newly incorporated municipal election. The notice of vacancy for a newly incorporated municipal election shall be in the following form:

NOTICE OF VACANCY FOR THE NEWLY

INCORPORATED MUNICIPALITY OF ______________________

          The following (insert number) offices will need to be filled due to the incorporation of _______________, South Dakota.

Mayor, one year term

(Insert number of positions) and select type of office:

City Commission, Alderman-Ward, Trustee, City Council), one year term

          Circulation of nominating petitions may begin on ________________ and petitions shall be filed in the office of the county auditor in the county the newly incorporated municipality is located in located at ___________________ between the hours of ________ a.m. and _______ p.m. (mountain or central) time not later than the ______ day of ______________, 20_____.

                                                                                                        ______________________________

                                                                                                  County Auditor

          Source: 42 SDR 178, effective July 1, 2016.

          General Authority: SDCL 12-1-9(3).

          Law Implemented: SDCL 9-3-17.

          5:02:05:02.  Instructions to the voters using hand-counted paper ballots. The instructions to be posted in two locations in the polling place in at least 48 point type for paper ballots must be in the following form:

INSTRUCTIONS TO THE VOTERS

TO MARK THE BALLOT

Use a cross (X) or a check mark (ü) for each vote.

Do not make any marks other than a cross (X) or check mark (ü).

Do not erase anything on your ballot.

Do not rip your ballot or make holes in it.

Do not write in a name.

IF YOU MAKE A MISTAKE

If you make a mistake, give the ballot back and get a new one.

If you cast more votes than allowed in a race, give the ballot back and get a new one.

TO RETURN THE BALLOT(S) AFTER VOTING

Fold each ballot so the ballot stamp shows and take to the ballot box.

IF YOU NEED HELP, ASK.

PROVISIONAL BALLOT

You may vote a provisional ballot if your name is not on the voter list but you registered in this precinct by the deadline. You must complete both the envelope and ballot.

VOTING RIGHTS

Any voter who can't mark a ballot because the voter has a physical disability or can't read, may ask any person they choose to help them vote.

Any voter may ask for instruction in the proper procedure for voting.

Any voter at the polling place prior to 7:00 p.m. is allowed to cast a ballot.

ELECTION CRIMES

Anyone who makes a false statement when they vote, tries to vote knowing they are not a qualified voter, or tries to vote more than once has committed an election crime.

OTHER INFORMATION

The polls are open from 7:00 a.m. to 7:00 p.m. If your voting rights have been violated, you may call the person in charge of the election at ______________, the Secretary of State at 888-703-5328, or your state's attorney.

The instructions to be posted in each voting booth for paper ballots must be in the following form:

INSTRUCTIONS TO THE VOTERS

TO MARK THE BALLOT

Use a cross (X) or a check mark (ü) for each vote.

Do not make any marks other than a cross (X) or check mark (ü).

Do not erase anything on your ballot.

Do not rip your ballot or make holes in it.

Do not write in a name.

IF YOU MAKE A MISTAKE

If you make a mistake, give the ballot back and get a new one.

If you cast more votes than allowed in a race, give the ballot back and get a new one.

TO RETURN THE BALLOT(S) AFTER VOTING

Fold each ballot so the ballot stamp shows and take to the ballot box.

IF YOU NEED HELP, ASK.

The instructions to be published with the facsimile ballot for primary and general elections must be in the following form:

INSTRUCTIONS TO THE VOTERS

VOTING RIGHTS

Any voter who can't mark a ballot because the voter has a physical disability or can't read, may ask any person he or she chooses to help the voter vote.

Any voter may ask for instruction in the proper procedure for voting.

Any voter at the polling place prior to 7:00 p.m. is allowed to cast a ballot.

If your voting rights have been violated, you may call the person in charge of the election at __________, the Secretary of State at 888-703-5328, or your state's attorney at _____________.

Any person who is convicted of a felony on or after July 1, 2012, loses the right to vote. However, any such person may register to vote following the completion of the person's felony sentence.

Any person who is convicted of a felony on or before June 30, 2012, and who receives a sentence of imprisonment to the adult penitentiary system, including a suspended execution of sentence, loses the right to vote. Any such person so sentenced may register to vote following completion of the person's sentence. Further information is available at www.sdsos.gov.

ELECTION CRIMES

Anyone who makes a false statement when voting, tries to vote knowing he or she is not a qualified voter, or tries to vote more than once has committed an election crime.

          Source: 2 SDR 5, effective July 30, 1975; 2 SDR 82, effective June 13, 1976; 5 SDR 31, effective November 1, 1978; 6 SDR 25, effective September 24, 1979; 12 SDR 43, effective September 23, 1985; 23 SDR 236, effective July 17, 1997; 25 SDR 8, effective August 3, 1998; 25 SDR 167, effective July 6, 1999; 27 SDR 146, effective July 9, 2001; 28 SDR 99, effective January 17, 2002; 29 SDR 177, effective July 2, 2003; 30 SDR 171, effective May 10, 2004; 32 SDR 225, effective July 3, 2006; 36 SDR 209, effective June 30, 2010; 39 SDR 123, effective January 16, 2013.

          General Authority: SDCL 12-1-9(3), 12-1-9(9).

          Law Implemented: SDCL 12-4-18, 12-16-23, 12-16-25, 23A-27-35, USC 1973gg-6(g).

          5:02:05:21.  Affirmation of inactive voter's address. The form to affirm an inactive voter's current address is the voter registration form prescribed in § 5:02:03:01.

          Source: 21 SDR 77, effective October 24, 1994; 23 SDR 115, effective January 22, 1997; 40 SDR 40, effective September 9, 2013.

          General Authority: SDCL 12-4-35.

          Law Implemented: SDCL 12-18-7.4.

          5:02:06:01.  General election. The general election ballot shall be white and shall be in the following form, as applicable:

Printing note: The top right corner of the front side of each ballot must be cut off approximately one half inch from the right and top of the ballot. The person in charge of the election may select where to have the ballot stamp watermark printed on the ballot if the location is within the vendor's printing limitations.

          Source: 2 SDR 5, effective July 30, 1975; 2 SDR 46, effective December 30, 1975; 6 SDR 25, effective September 24, 1979; 8 SDR 24, effective September 16, 1981; 12 SDR 43, effective September 23, 1985; 19 SDR 12, effective August 5, 1992; 22 SDR 95, effective January 18, 1996; 23 SDR 115, effective January 22, 1997; 23 SDR 236, effective July 17, 1997; 27 SDR 146, effective July 9, 2001; 28 SDR 99, effective January 17, 2002; 29 SDR 177, effective July 2, 2003; 33 SDR 230, effective July 1, 2007; 35 SDR 48, effective September 8, 2008; 36 SDR 209, effective June 30, 2010; 42 SDR 15, effective August 11, 2015; 42 SDR 178, effective July 1, 2016; 44 SDR 94, effective December 4, 2017.

          General Authority: SDCL 12-1-9(2).

          Law Implemented: SDCL 12-13-9, 12-13-25.1, 12-16-2.1, 12-16-9, 12-16-10.

          5:02:06:01.01.  Constitutional amendments. All constitutional amendments proposed by the Legislature or initiated by the people shall be printed on the general election optical scan ballot.

          Source: 6 SDR 123, effective July 2, 1980; 27 SDR 146, effective July 9, 2001; 28 SDR 99, effective January 17, 2002; 32 SDR 225, effective July 3, 2006.

          General Authority: SDCL 12-1-9(2).

          Law Implemented: SDCL 12-13-11, 12-16-2.1.

          5:02:06:01.02.  Optical scan ballot instructions. The instructions to voters found on optical scan ballots shall be enclosed in a box. The appropriate instructions shall be placed at the top of the first column containing presidential electors (subdivision 1 and 8) or presidential delegates and alternates (subdivision 2 or 3 and 8), at the beginning of the portion containing other candidates (subdivision 4 and 8) and at the beginning of the portion containing ballot questions (subdivision 5 and 8). The instructions for all elections must be in the following form without the subdivision numbers:

          (1)  To vote for a group of presidential electors FILL IN (Bold) the oval (l) next to the names.

          (2)  If the delegates and alternates are printed on the ballot use: To vote for a group of presidential delegates and alternates FILL IN (Bold) the oval (l) next to the names.

          (3)  If the political party does not have the delegates and alternates on the ballot use: To vote for a person FILL IN (Bold) the oval (l) next to the name.

          (4)  To vote for a person FILL IN (Bold) the oval (l) next to the name.

          (5)  To vote on a ballot question FILL IN (Bold) the oval (l) next to "yes" or "no".

          (6)  Use only a pencil or pen.

          (7)  If you make a mistake, give the ballot back and get a new one.

          (8)  DO NOT (Bold) cast more votes than are allowed in each race.

Printers note: Subdivisions 6 and 7 shall be included in the first instruction box only. If the ballot has columns, the words "Go to top of next column" shall be printed on the bottom of any column preceding each column to be voted. If the ballot has races on the back side, the words "Turn page" shall be printed in the lower right corner.

          Source: 22 SDR 95, effective January 18, 1996; 23 SDR 236, effective July 17, 1997; 26 SDR 168, effective June 25, 2000; 28 SDR 99, effective January 17, 2002; 29 SDR 113, effective January 30, 2003; 29 SDR 177, effective July 2, 2003; 31 SDR 35, effective September 23, 2004; 32 SDR 109, effective December 26, 2005; 32 SDR 225, effective July 3, 2006; 33 SDR 230, effective July 1, 2007; 42 SDR 178, effective July 1, 2016.

          General Authority: SDCL 12-1-9(2).

          Law Implemented: SDCL 12-16-9.

          5:02:06:01.04.  General election ballot for ballot marking device. If a ballot marking device uses an activation card ballot, the general election ballot shall be white and shall be in the following form, as applicable:

          This ballot marking device will print only the selections the voter makes on the machine in the format below. If the voter does not make a selection on a race or ballot measure the words "No Selection Made" will be printed on the ballot next to that race or ballot measure.

1111111111111111111111111

00000001

-------------------------------------------------------------------------------------------------------------

OFFICIAL GENERAL ELECTION BALLOT

________________ COUNTY, SOUTH DAKOTA

NOVEMBER ___, ______

PRECINCT _____

-------------------------------------------------------------------------------------------------------------

               PRESIDENTIAL ELECTORS-----------------------------------------------

                           PARTY LABEL CANDIDATE & CANDIDATE ELECTORS

                                                          ELECTOR A, ELECTOR B, ELECTOR C

               UNITED STATES SENATOR----------------------------------------------

                                                          PARTY LABEL CANDIDATE NAME

               UNITED STATES REPRESENTATIVE----------------------------------

                                                          PARTY LABEL CANDIDATE NAME

               GOVERNOR AND LIEUTENANT GOVERNOR-----------------------

                                  PARTY LABEL CANDIDATE NAME FOR GOVERNOR

                                  CANDIDATE NAME FOR LIEUTENANT GOVERNOR

               SECRETARY OF STATE--------------------------------------------------

                                                               PARTY LABEL CANDIDATE NAME

               ATTORNEY GENERAL---------------------------------------------------

                                                               PARTY LABEL CANDIDATE NAME

               STATE AUDITOR----------------------------------------------------------

                                                               PARTY LABEL CANDIDATE NAME

               STATE TREASURER------------------------------------------------------

                                                               PARTY LABEL CANDIDATE NAME

               COMMISSIONER OF SCHOOL AND PUBLIC LANDS---------------

                                                               PARTY LABEL CANDIDATE NAME

               PUBLIC UTILITIES COMMISSIONER----------------------------------

                                                               PARTY LABEL CANDIDATE NAME

               STATE SENATOR, DISTRICT ____--------------------------------------

                                                               PARTY LABEL CANDIDATE NAME

               STATE REPRESENTATIVE, DISTRICT ____---------------------------

                                                               PARTY LABEL CANDIDATE NAME

               STATE REPRESENTATIVE, DISTRICT ____ (A or B)-----------------

                                                               PARTY LABEL CANDIDATE NAME

               (COUNTY TREASURER) or (COUNTY FINANCE OFFICER)-------

                                                               PARTY LABEL CANDIDATE NAME

               (COUNTY AUDITOR) or (COUNTY FINANCE OFFICER)-----------

                                                               PARTY LABEL CANDIDATE NAME

               STATES ATT()RNEY-------------------------------------------------------

                                                               PARTY LABEL CANDIDATE NAME

               SHERIFF-----------------------------------------------------------------------

                                                               PARTY LABEL CANDIDATE NAME

               REGISTER OF DEEDS-------------------------------------------------------

                                                               PARTY LABEL CANDIDATE NAME

               CORONER---------------------------------------------------------------------

                                                               PARTY LABEL CANDIDATE NAME

               COUNTY COMMISSIONER, DISTRICT ____ ---------------------------

                                                               PARTY LABEL CANDIDATE NAME

               COUNTY COMMISSIONER AT LARGE----------------------------------

                                                               PARTY LABEL CANDIDATE NAME

               SUPREME COURT JUSTICE RETENTION - CANDIDATE NAME

                                                                                                   YES OR NO

               JUDGE OF THE CIRCUIT COURT, ____ CIRCUIT, POSITION ____

                                                                                       CANDIDATE NAME

               NAME WATER DEVELOPMENT DISTRICT DIRECTOR, AREA ____

                                                                                       CANDIDATE NAME

               HEARTLAND CONSUMERS POWER DISTRICT,

               SUBDIVISION# ____ DIRECTOR-------------------------------------------

                                                                                       CANDIDATE NAME

               NAME CONSERVATION DISTRICT SUPERVISOR----------------------

                                                                                       CANDIDATE NAME

               CONSTITUTIONAL AMENDMENT A-------------------------------------

                                                                                                   YES OR NO

               INITIATED MEASURE 1-----------------------------------------------------

                                                                                                   YES OR NO

               REF'ERRED LAW 2-----------------------------------------------------------

                                                                                                   YES OR NO

OFFICIAL GENERAL ELECTION BALLOT

___________ COUNTY, SOUTH DAKOTA

NOVEMBER ____, ______

PRECINCT ______

          Printing notes: The top right corner of the front side of each ballot must be cut off approximately one half inch from the right and top of the ballot. The person in charge of the election shall instruct the election worker to place the ballot stamp on the reverse side of the ballot.

          The ballot style specific activation bar code and associated number must be preprinted at the top left of the ballot and the election name, date of the election, county, state, and precinct name/number must be printed at the bottom of the ballot on 4.25" wide, white thermal ballot paper prior to being distributed to the polling location.

          County Auditor/County Finance Officer Notes Printing Notes: The pre-printing requirements above are only waived for a county that uses the ExpressVote and the ExpressLink ballot printer for in-person absentee voting in the county auditor's office. The county auditor will purchase blank white thermal ballot paper. The auditor or auditor's staff shall use the ExpressLink ballot printer to print the following on the blank white thermal ballot paper prior to distributing a ballot to a voter: the activation barcode and ballot style number, the words Official General Election Ballot, date of the election, county, state, and precinct name/number. This information must be printed on the top left of the ballot.

          Source: 44 SDR 17, effective August 8, 2017.

          General Authority: SDCL 12-1-9(2).

          Law Implemented: SDCL 12-16-2.1, 12-16-9, 12-16-10.

          5:02:06:03.  Judiciary. The judiciary ballots must be buff or tan and must be in the following form:

OFFICIAL NONPOLITICAL JUDICIARY BALLOT

_________________ County, South Dakota

(Election Date)

To vote use a cross (X) or check mark (ü) in the square in front of the name. DO NOT cast more votes than are allowed in each race.

FOR JUDGE OF THE CIRCUIT COURT

______ Circuit, Position _____

You may vote for one or leave it blank

                     □ John Jones

                     □ Joan Ray

          Source: 2 SDR 5, effective July 30, 1975; 2 SDR 46, effective December 30, 1975; 4 SDR 26, effective October 27, 1977; 5 SDR 31, effective November 1, 1978; 6 SDR 25, effective September 24, 1979; 8 SDR 24, effective September 16, 1981; 10 SDR 27, effective September 26, 1983; 14 SDR 19, effective August 9, 1987; 25 SDR 8, effective August 3, 1998; 28 SDR 99, effective January 17, 2002; 29 SDR 177, effective July 2, 2003; 33 SDR 230, effective July 1, 2007.

          General Authority: SDCL 12-1-9(2).

          Law Implemented: SDCL 12-9-13, 12-16-2.1.

          5:02:06:04.01.  Initiated measures and referred laws. All measures initiated or laws referred by the people statewide shall be printed on the general election optical scan ballot. If a county ballot question is not placed on an optical scan ballot, the instructions to the voter must be in the following form: To vote use a cross (X) or check mark (ü) in the square next to "yes" or "no."

          Source: 6 SDR 123, effective July 2, 1980; 27 SDR 146, effective July 9, 2001; 28 SDR 99, effective January 17, 2002; 32 SDR 225, effective July 3, 2006.

          General Authority: SDCL 12-1-9(2).

          Law Implemented: SDCL 12-13-11, 12-16-2.1.

          5:02:06:09.  Party precinct committeeman and committeewoman. The official primary ballot for precinct committeeman and committeewoman must be in the following form:

__________________ PARTY

_____ Precinct, __________ County, South Dakota,

June ______, ______

To vote use a cross (X) or check mark(ü) in the square in front of the name. DO NOT cast more votes than are allowed in each race.

For precinct committeeman, you may vote for one or leave it blank

                                                  □   John Doe              □   Richard Roe

For precinct committeewoman, you may vote for one or leave it blank

                                                  □   Jane Doe              □   Mary Roe

          Source: 2 SDR 46, effective December 30, 1975; 25 SDR 8, effective August 3, 1998; 28 SDR 99, effective January 17, 2002; 29 SDR 177, effective July 2, 2003.

          General Authority: SDCL 12-1-9(2).

          Law Implemented: SDCL 12-5-8.

          5:02:06:10.  Primary ballot. The primary election ballot must have a blue indicator for the Democratic Party, white for the Republican Party, and a different color as certified by the Secretary of State for any other party. The ballot must be in one of the following forms, as applicable:

          Hand counted paper ballots may only be used if there is no federal race on the ballot and must be in the following form, as applicable:

______________ PARTY

OFFICIAL PRIMARY ELECTION BALLOT

____________ COUNTY, SOUTH DAKOTA

JUNE ________, ______

To vote use a cross (X) or a check mark (�) in the square in front of the name. DO NOT cast more votes than are allowed in each race.

For Governor, you may vote for one or leave it blank

          □   _____________________

          □   _____________________

For State Senator, District ____, you may vote for one or leave it blank

          □   _____________________

          □   _____________________

For State Representative, District ____, (you may vote for up to two or leave it blank) or (you may vote for one or leave it blank)

          □   _____________________

          □   _____________________

For State Representative, District ____ (A or B), (you may vote for up to two or leave it blank) or (you may vote for one or leave it blank)

          □   _____________________

          □   _____________________

For (County Treasurer) or (County Finance Officer), you may vote for one or leave it blank

          □   _____________________

          □   _____________________

For (County Auditor) or (County Finance Officer), you may vote for one or leave it blank

          □   _____________________

          □   _____________________

For States Attorney, you may vote for one or leave it blank

          □   _____________________

          □   _____________________

For Sheriff, you may vote for one or leave it blank

          □   _____________________

          □   _____________________

For Register of Deeds, you may vote for one or leave it blank

          □   _____________________

          □   _____________________

For Coroner, you may vote for one or leave it blank

          □   _____________________

          □   _____________________

For County Commissioner, District ____, you may vote for one or leave it blank

          □   _____________________

          □   _____________________

For County Commissioner at Large, you may vote for up to _____ or leave it blank

          □   _____________________

          □   _____________________

For Delegates to State Convention, you may vote for up to _____ or leave it blank

          □   _____________________

          □   _____________________

For Precinct Committeeman, you may vote for one or leave it blank

          □   _____________________

          □   _____________________

For Precinct Committeewoman, you may vote for one or leave it blank

          □   _____________________

          □   _____________________

If there is a federal race on the ballot, an optical scan ballot must be used and in the following format, as applicable:

Printing note: For county commissioners at large or delegates to state convention, use the correct number designations for the number of candidates to be elected. For state representative, use the correct "vote for" phrase for the number to be elected. The top right corner of the front side of each ballot must be cut off approximately one half inch from the right and top of the ballot. The person in charge of the election may select where to have the ballot stamp watermark printed on the ballot if the location is within the vendor's printing limitations.

If a municipality, school district, or other local jurisdiction has a local ballot measure and the jurisdiction combines with the primary election, that ballot measure must be included on the county ballot and must follow the administrative rule for the layout of that specific ballot measure.

          Source: 2 SDR 46, effective December 30, 1975; 4 SDR 85, effective June 14, 1978; 5 SDR 31, effective November 1, 1978; 6 SDR 25, effective September 24, 1979; 8 SDR 31, effective October 1, 1981; 10 SDR 27, effective September 26, 1983; 14 SDR 19, effective August 9, 1987; 16 SDR 20, effective August 10, 1987; 23 SDR 115, effective January 22, 1997; 23 SDR 236, effective July 17, 1997; 25 SDR 8, effective August 3, 1998; 27 SDR 146, effective July 9, 2001; 28 SDR 99, effective January 17, 2002; 29 SDR 177, effective July 2, 2003; 32 SDR 225, effective July 3, 2006; 35 SDR 48, effective September 8, 2008; 36 SDR 209, effective June 30, 2010; 42 SDR 178, effective July 1, 2016; 44 SDR 94, effective December 4, 2017.

          General Authority: SDCL 12-1-9(2).

          Law Implemented: SDCL 12-6-14, 12-16-2.1, 12-5-3.11.

          5:02:06:12.  Municipal election. The municipal election ballot must be white and must be in the following form:

OFFICIAL MUNICIPAL ELECTION BALLOT

____________________, SOUTH DAKOTA

(Election Date)

To vote use a cross (X) or a check mark (ü) in the square in front of the name. DO NOT cast more votes than are allowed in each race.

For Mayor, you may vote for one or leave it blank

                                      □   John Doe

                                      □   Richard Roe

For (City Commission, City Council, Alderman, Trustee), ____ year term, you may vote for up to ____ or leave it blank

                                      □   John Doe

                                      □   Richard Roe

                                      □   John Smith

For (City Commission, City Council, Alderman, Trustee), ____ year term, you may vote for one or leave it blank.

                                      □   John Doe

                                      □   Richard Roe

For City Council at Large, ____ year term, you may vote for up to ____ or leave it blank

                                      □   John Doe

                                      □   Richard Roe

                                      □   John Smith

For City Council at Large, ____ year term, you may vote for one or leave it blank

                                      □   John Doe

                                      □   Richard Roe

          Source: 2 SDR 46, effective December 30, 1975; 4 SDR 26, effective October 27, 1977; 14 SDR 19, effective August 9, 1987; 25 SDR 8, effective August 3, 1998; 28 SDR 99, effective January 17, 2002; 29 SDR 177, effective July 2, 2003; 35 SDR 306, effective July 1, 2009; 42 SDR 178, effective July 1, 2016.

          General Authority: SDCL 12-1-9(2).

          Law Implemented: SDCL 9-13-21.

          5:02:06:13.  Municipal questions election. The municipal questions ballot must be white and must be in the following form:

OFFICIAL MUNICIPAL ELECTION BALLOT

____________________, SOUTH DAKOTA

(Election Date)

The following (initiated measure or referred ordinance or referred resolution) was proposed by petition for submission to the voters. This (initiated measure or referred ordinance or referred resolution) will not become effective unless approved by majority vote.

Title: (HERE LIST TITLE OF INITIATIVE OR REFERENDUM TO BE VOTED ON)

City Attorney Explanation: (HERE LIST CITY ATTORNEY'S EXPLANATION)

To vote use a cross (X) or check mark (ü) in the square in front of "Yes" or "No."

              □ Yes   A vote "Yes" will (change city ordinance) (adopt the ordinance) (adopt the resolution).

              □ No    A vote "No" will (leave the city ordinance as it is) (not adopt the ordinance) (not adopt the resolution).

          Source: 4 SDR 26, effective October 27, 1977; 14 SDR 19, effective August 9, 1987; 16 SDR 20, effective August 10, 1989; 20 SDR 4, effective July 19, 1993; 28 SDR 99, effective January 17, 2002; 32 SDR 225, effective July 3, 2006; 33 SDR 230, effective July 1, 2007.

          General Authority: SDCL 12-1-9(2).

          Law Implemented: SDCL 9-20-13.

          5:02:06:14.  Municipal bond election. The municipal bond election ballot shall be white and shall be in the following form:

OFFICIAL BALLOT

BOND ELECTION

CITY OF _______________, SOUTH DAKOTA

___________________, 20____

Shall the City of ______________________ South Dakota, issue bonds in an amount not exceeding $ __________________ for the purpose of

(State the purpose for which the bonds will be issued and

other information as the governing body may determine)

INSTRUCTIONS TO VOTERS: Place a cross (X) or check mark (ü) in the square preceding "Yes" or "No." A vote "yes" is in favor of issuing the bonds and a vote "no" is against the issuing of bonds.

                     □  YES

                                              Shall the above proposition be approved and the bonds issued?

                     □  NO

          Source: 4 SDR 26, effective October 27, 1977; 14 SDR 19, effective August 9, 1987.

          General Authority: SDCL 12-1-9.

          Law Implemented: SDCL 6-8B-5.

          5:02:06:15.  School board election. The school board election ballot must be white and must be in the following form:

OFFICIAL SCHOOL BOARD ELECTION BALLOT

__________ SCHOOL DISTRICT NO. _____, SOUTH DAKOTA

(Election Date)

To vote use a cross (X) or a check mark (ü) in the square in front of the name. DO NOT cast more votes than are allowed in each race.

For School Board Member _____ year term, you may vote for up to _____ or leave it blank

                          □   John Doe

                          □   Richard Roe

                          □   John Smith

          Source: 4 SDR 26, effective October 27, 1977; 14 SDR 19, effective August 9, 1987; 22 SDR 95, effective January 18, 1996; 25 SDR 8, effective August 3, 1998; 28 SDR 99, effective January 17, 2002; 29 SDR 177, effective July 2, 2003; 36 SDR 209, effective June 30, 2010.

          General Authority: SDCL 12-1-9(2).

          Law Implemented: SDCL 13-7-13.

          5:02:06:16.  Ballot for increasing or decreasing number of school board members. The ballot for increasing or decreasing the number of school board members shall be white and shall be in the following form:

OFFICIAL BALLOT

________________ SCHOOL DISTRICT NO. ____

_______________, South Dakota

____________, _____

The following question is brought before the voters for their acceptance or rejection.

To vote use a cross (X) or check mark(ü) in the square next to "For" or "Against".

□      For (increasing, decreasing) the number of school board members from ____ to ____.

□      Against (increasing, decreasing) the number of school board members from ____ to ____.

          Source: 10 SDR 27, effective September 26, 1983; 16 SDR 20, effective August 10, 1989; 31 SDR 35, effective September 23, 2004.

          General Authority: SDCL 12-1-9(2).

          Law Implemented: SDCL 13-8-3.

          5:02:06:17.  Ballot for statewide runoff election. The ballot for a statewide runoff election shall be in the same form prescribed in 5:02:06:10. The form may only include the races to be voted upon. The heading shall state "OFFICIAL RUNOFF ELECTION BALLOT".

          Source: 12 SDR 43, effective September 23, 1985; 25 SDR 8, effective August 3, 1998; 28 SDR 99, effective January 17, 2002; 29 SDR 177, effective July 2, 2003; 32 SDR 225, effective July 3, 2006; 40 SDR 40, effective September 9, 2013; 44 SDR 94, effective December 4, 2017.

          General Authority: SDCL 12-1-9(2).

          Law Implemented: SDCL 12-6-51.1.

          5:02:06:19.  Nonpolitical consumers power district election. The nonpolitical consumers power district election ballot must be green and must be in the following form:

OFFICIAL NONPOLITICAL CONSUMERS POWER DISTRICT BALLOT

_______________ County, South Dakota

(Election Date)

To vote use a cross (X) or check mark (ü) in the square in front of the name. DO NOT cast more votes than are allowed in each race.

For Director, District ____, _________________Consumers Power District, you may vote for one or leave it blank:

                     □  George Watt

                     □  Bill Ohm

          Source: 16 SDR 20, effective August 10, 1989; 25 SDR 8, effective August 3, 1998; 28 SDR 99, effective January 17, 2002; 29 SDR 177, effective July 2, 2003.

          General Authority: SDCL 12-1-9(2).

          Law Implemented: SDCL 49-36-1, 49-36-1.8.

          5:02:06:20.  County, municipal, or school district tax levy opt-out ballot. The tax levy opt-out ballot must be white and in the following form:

OFFICIAL TAX LEVY OPT-OUT ELECTION BALLOT

(__________(County) (Name of Municipality) or (______School District No. ____)

____________________, SOUTH DAKOTA

(Election Date)

          The following tax levy opt-out was passed by the governing body and (submitted) (referred by petition) to the voters. The tax levy opt-out does not become effective unless approved by majority vote.

(HERE LIST THE AMOUNT AND TERMS OF THE INCREASED TAX LEVY)

To vote use a cross (X) or check mark (ü) in the square in front of "Yes" or "No".

               □    Yes    A vote "Yes" will increase the tax levy by the amount of the opt-out.

               □    No     A vote "No" will leave the tax levy as it is without the amount of the opt-out.

          Source: 32 SDR 225, effective July 3, 2006; 44 SDR 94, effective December 4, 2017.

          General Authority: SDCL 12-1-9(2).

          Law Implemented: SDCL 10-12-43, 10-13-36.

          5:02:06:21.  Special district formation ballot. The special district formation ballot must be white and must be in the following form:

OFFICIAL BALLOT

FORMATION OF ____________ DISTRICT

(Election Date)

          The following question was proposed by (petition) (the county commission) for submission to the voters. This district formation will not become effective unless approved by (majority vote) (sixty percent of votes cast).

Shall the ____________ District be formed?

State's Attorney Explanation: (HERE LIST STATE'S ATTORNEY'S EXPLANATON)

To vote use a cross (X) or check mark (ü) in the square in front of "Yes" or "No".

              □    Yes    A vote "Yes" will form the ___________ District.

              □    No     A vote "No" will not form the ___________ District.

          Source: 35 SDR 306, effective July 1, 2009; 36 SDR 112, effective January 11, 2010.

          General Authority: SDCL 12-1-9(2).

          Law Implemented: SDCL 6-16-5, 6-16-5.1, 46A-18-20.

          5:02:06:22.  School district reorganization ballot. The school district reorganization ballot must be white and must be in the following form:

OFFICIAL SCHOOL DISTRICT REORGANIZATION BALLOT

_____________ SCHOOL DISTRICT NO. ____, SOUTH DAKOTA

(Election Date)

The following question was brought before the voters for their acceptance or rejection.

Shall the ___________ School District No. ____ dissolve and create a new district?

Check with a cross (X) or check mark (ü) in the square desired.

              □    For proposed school district reorganization plan.

              □    Against proposed school district reorganization plan.

          Source: 35 SDR 306, effective July 1, 2009.

          General Authority: SDCL 12-1-9(2).

          Law Implemented: SDCL 13-6-43.

          5:02:06:23.  Sanitary district election ballot. The sanitary district election ballot must be white and must be in the following form:

OFFICIAL SANITARY DISTRICT ELECTION BALLOT

_______________ SANITARY DISTRICT, SOUTH DAKOTA

(Election Date)

To vote use a cross (X) or check mark (ü) in the square in front of the name. DO NOT cast more votes than are allowed in each race.

For District Trustee, you may vote for one or leave it blank.

                                      □   John Doe

                                      □   Richard Roe

For District Trustee, you may vote for up to _____ or leave it blank.

                                      □   John Doe

                                      □   Richard Roe

                                      □   John Smith

          Source: 35 SDR 306, effective July 1, 2009.

          General Authority: SDCL 12-1-9(2).

          Law Implemented: SDCL 34A-5-20.

          5:02:06:25.  County questions election. The county questions ballot must be white and must be in the following form:

OFFICIAL COUNTY ELECTION BALLOT

_________________________, SOUTH DAKOTA

(Election Date)

The following (initiated measure or referred ordinance or referred resolution) was proposed by petition for submission to the voters. This (initiated measure or referred ordinance or referred resolution) will not become effective unless approved by majority vote.

Title: (HERE LIST TITLE OF INITIATIVE OR REFERENDUM TO BE VOTED ON)

States Attorney Explanation: (HERE LIST STATES ATTORNEY'S EXPLANATION)

To vote use a cross (X) or check mark (ü) in the square in front of "Yes" or "No."

          □  Yes      A vote "Yes" will (change county ordinance) (adopt the ordinance) (adopt the resolution).

          □  No       A vote "No" will (leave the county ordinance as it is) (not adopt the ordinance) (not adopt the resolution).

          Source: 42 SDR 178, effective July 1, 2016.

          General Authority: SDCL 12-1-9(2).

          Law Implemented: SDCL 7-18A-11, 7-18A-21.

          5:02:06:26.  School district capital outlay certificates ballot. The capital outlay ballot must be white and in the following form:

OFFICIAL SCHOOL CAPITAL OUTLAY CERTIFICATES ELECTION BALLOT

SCHOOL DISTRICT NO.

SOUTH DAKOTA

(Election Date)

The following decision was passed by the school board and submitted to the voters. The decision does not become effective unless approved by sixty percent of the vote.

(HERE LIST THE AMOUNT AND TERMS OF THE INSTALLMENT PURCHASE CONTRACT OR LEASE-PURCHASE, OR ISSUANCE OF CAPITAL OUTLAY CERTIFICATES)

To vote use a cross (X) or check mark (ü) in the square in front of "Yes" or "No".

          □   Yes            A vote "Yes" will approve the board's capital outlay certificates decision.

          □   No      A vote "No" will not approve the board's capital outlay certificates decision.

          Source: 44 SDR 94, effective December 4, 2017.

          General Authority: SDCL 12-1-9(2).

          Law Implemented: SDCL 13-16-6.4.

          5:02:06:27.  School sentinel program ballot. The ballot shall be white and shall be in the following form:

OFFICIAL SCHOOL SENTINEL PROGRAM ELECTION BALLOT

SCHOOL DISTRICT NO.

South Dakota

(Election Date)

The following school board decision regarding the implementation of a school sentinel program was referred by petition for submission to the voters. The sentinel program does not become effective unless approved by majority vote.

State's Attorney Explanation: (HERE LIST STATE'S ATTORNEY'S EXPLANATION)

To vote use a cross (X) or check mark(ü) in the square next to "Yes" or "No".

          □   YES   A vote "Yes" will adopt the sentinel program.

          □   NO     A vote "No" will not adopt the sentinel program.

          Source: 44 SDR 94, effective December 4, 2017.

          General Authority: SDCL 12-1-9(2)

          Law Implemented: SDCL 13-64-7, 13-64-13, 13-64-14.

          5:02:06:28.  County annual tax levy for maintaining, repairing, constructing, and reconstructing roads and bridges ballot. The tax levy ballot must be white and in the following form:

OFFICIAL ROADS AND BRIDGES TAX LEVY ELECTION BALLOT

_____________, COUNTY, SOUTH DAKOTA

(Election Date)

The following tax levy was passed by the governing body and referred by petition for submission to the voters. The tax levy does not become effective unless approved by majority vote.

Title: (HERE LIST TITLE OF REFERENDUM TO BE VOTED ON)

States Attorney Explanation: (HERE LIST STATES ATTORNEY'S EXPLANATION)

To vote use a cross (X) or check mark (ü)in the square in front of "Yes" or "No."

          □ Yes  A vote "Yes" will adopt the annual tax levy.

          □ No    A vote "No" will not adopt the annual tax levy.

          Source: 44 SDR 94, effective December 4, 2017.

          General Authority: SDCL 12-1-9(2).

          Law Implemented: SDCL 10-12-13, 7-18A-21, 7-18A-22.

          5:02:07:04.  Certificate of election returns -- School districts. Repealed.

          Source: 4 SDR 26, effective October 27, 1977; 6 SDR 25, effective September 24, 1979; 46 SDR 42, effective September 30, 2019.

          5:02:08:00.  Guidelines for acceptance of petitions. When a petition is presented for filing, the person or governing board authorized to accept the petition shall determine if it meets the following requirements:

          (1)  The petition is in the form required by this chapter;

          (2)  The petition contains the minimum number of valid signatures, counted according to § 5:02:08:00.01. One or more invalid signatures on a petition do not disallow other valid signatures;

          (3)  Each sheet of the petition contains an identical heading and is verified by the circulator. The circulator may add the addresses of the petitioners and the dates of signing before completing the verification. The circulator may also add the printed name of the signer and the county of voter registration. Residence addresses may be abbreviated. The verification was completed and signed before an officer authorized to administer oaths in this state;

          (4)  The declaration of candidacy contains the original signature of the candidate. Additional sheets may have an original or photocopied signature of the candidate;

          (5)  If a petition is for a ballot question to be voted on statewide, the signatures were obtained after a copy of the text of the petition was filed with the Office of the Secretary of State;

          (6)  If a petition is for a ballot question to be voted on statewide, the sponsor(s) must submit the affidavit of completed petition when the petition sheets are submitted to the Office of the Secretary of State;

          (7)  The governing board or person authorized to accept the petition shall, if requested, allow a petition circulator the opportunity to add missing information on the signature lines or circulator's verification on the petition provided the filing deadline has not passed; and

          (8)  Following the presentation of the petition for filing, names may not be removed from the petition.

          Except for petitions to nominate candidates for school boards, municipal offices, or statewide campaigns, the person who is authorized to accept petitions for filing need not check for voter registration of the signers. Petitions containing signatures in excess of the minimum number may be filed, but any excess signatures will be disregarded, unless there is a challenge to that petition. Excess signatures will not be considered by the filing office unless the signatures are needed to validate the petition.

          Source: 2 SDR 46, effective December 30, 1975; 6 SDR 25, effective September 24, 1979; 8 SDR 24, effective September 16, 1981; 10 SDR 27, effective September 26, 1983; 14 SDR 19, effective August 9, 1987; 16 SDR 20, effective August 10, 1989; 16 SDR 203, effective May 28, 1990; 28 SDR 99, effective January 17, 2002; 35 SDR 48, effective September 8, 2008; 42 SDR 178, effective July 1, 2016; 45 SDR 9, effective July 30, 2018; 46 SDR 42, effective September 30, 2019; 47 SDR 37, effective October 6, 2020.

          General Authority: SDCL 12-1-9(6).

          Law Implemented: SDCL 2-1-1.1, 2-1-1.2, 2-1-3.1, 9-13-7, 9-13-11, 12-1-1, 12-1-1.1, 12-1-2, 12-6-7.1, 12-6-8,  12-7-1, 13-7-6, 12-1-3, 12-6-4, 18-3-1.

          Cross-Reference: Sections of petition, § 5:02:08:00.02.

          5:02:08:00.02.  Petitions. A petition may be composed of multiple sheets. Each sheet must be a self-contained sheet of paper printed front and back and have identical headings printed at the top.

          Source: 16 SDR 20, effective August 10, 1989; 44 SDR 94, effective December 4, 2017.

          General Authority: SDCL 12-1-9(7).

          Law Implemented: SDCL 12-1-3(8).

          Cross-Reference: Guidelines for acceptance of petitions, § 5:02:08:00(3).