EAIElectoral Access Index
How accessible is the franchise under codified procedure?
Dimensions
Administration
100.0% · 1/1| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| ADMIN.1Election administration independenceIs the election administration body's independence (appointment by multiple branches, fixed terms, balanced political composition) codified in statute or constitution? | 1/1100.0% | § 12-1-5 codifies a 7-member State Board of Elections chaired by the Secretary of State, with multi-source bipartisan appointments: 2 county auditors (of different parties) appointed by the Speaker of the House from SDACO nominees, plus 1 member each appointed by Democratic Senate leader, Democratic House leader, Republican Senate leader, Republican House leader. § 12-15-2 codifies precinct-superintendent qualifications. § 12-15-3 codifies bipartisan precinct-official distribution. Comprehensive structural independence codified. “There is created a State Board of Elections to be composed of seven members, one of whom shall be the secretary of state who is chairman.” | § view source 2026-05-19 |
Eligibility
20.0% · 1/5| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| ELIG.1Age and residency in constitutionAre the minimum age and residency requirements for voting set in the constitution (rather than statute alone)? | 0/10.0% | No section in the FTS-surfaced candidates satisfies this criterion. Best signal: § 12-27-1 (campaign-finance definitions) is FTS-surfaced but unrelated to voter qualifications. § 12-3-1 et seq. (Chapter 12-3 Suffrage) codifies qualifications: US citizen, 18+, SD resident. Constitutional grounding lies in SD Constitution Art. VII (separate instrument). | § view source 2026-05-19 |
| ELIG.2Disqualification frameworkIf voters can be disqualified (felony, mental incompetence), are the criteria and the duration codified in statute, with a defined restoration procedure? | 1/333.3% | § 12-18-10 codifies grounds for challenge of applicant to vote with judges' determination + pollbook notation. § 12-27-34 makes intentionally false statements a felony. § 12-27-38 codifies that a candidate may not be certified or shall forfeit office for felony violation. § 12-26-23.1 codifies tampering-related disqualifications. Disqualification framework codified across chapters. | § view source 2026-05-19 |
| ELIG.3Restoration of voting rightsWhere rights are lost (e.g., post-felony), is the procedure for restoration codified, with statutory deadlines and automatic restoration where applicable? | 0/10.0% | No candidate sections returned by FTS. | no FTS match 2026-05-19 |
Identification
50.0% · 3/5| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| ID.1Statutory groundingIf ID is required at any point in voting, is the requirement set in statute rather than regulation? If no ID is required, is that explicit in statute? | 0/10.0% | No candidate sections returned by FTS. | no FTS match 2026-05-19 |
| ID.2Enumerated acceptable IDsAre the acceptable ID forms exhaustively enumerated in statute, not left to administrator discretion? | 1/1100.0% | § 12-18-6.1 codifies enumerated acceptable IDs: (1) SD driver's license or non-driver ID, (2) US passport or government photo ID, (3) tribal photo ID, (4) current student photo ID from SD high school or accredited higher-ed institution. Explicit enumeration codified. | § view source 2026-05-19 |
| ID.3Free alternative IDIf government-issued ID is required, is a free state-issued ID available by statute to anyone who lacks one? | 0.5/150.0% | § 12-4-37.1 codifies statewide voter registration file historical archive. § 12-4-10.1 codifies registration list availability. § 12-4-9 codifies master file public inspection (with PII redactions). SD's non-driver ID per § 12-18-6.1 is issued by SD DOT at low cost; voter-specific free ID lives in §§ 32-12 / 32-14-1.3 (separate title). Partial codification. | § view source 2026-05-19 |
| ID.4At-polls cure procedureIs the cure procedure for a voter who arrives without ID (provisional ballot, affidavit, return-with-ID, signature match) defined in statute? | 1/1100.0% | § 12-18-40 codifies provisional ballot procedure: affirmation, pollbook designation, sealed provisional envelope. § 12-20-13.2 codifies counting + certification. § 12-20-13.1 codifies counting officials. § 12-20-2.1 codifies envelope return procedure. Cure procedure for ID-failed voters codified through provisional ballot. | § view source 2026-05-19 |
| ID.5Rejection appeal procedureIs the appeal procedure for a rejected ID (or rejected provisional ballot due to ID) codified in statute? | 0/10.0% | No candidate sections returned by FTS. | no FTS match 2026-05-19 |
Registration
100.0% · 7/7| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| REG.1Statutory registration deadlineIs the registration cutoff relative to election day defined by statute (not regulation or administrative directive)? | 1/1100.0% | § 12-4-6.1 codifies effective date of voter registration: 'effective on the date which the card is received by the county auditor' with 5-day grace for agency-completed cards. § 12-4-59 codifies challenge deadline (90 days before election). § 12-4-19.7 codifies confirmation-mailing notice procedure. Statutory registration deadlines codified. | § view source 2026-05-19 |
| REG.2Enumerated registration methodsAre the available registration methods (in-person, mail, online, motor-voter, automatic, same-day where applicable) exhaustively enumerated in statute? | 1/1100.0% | § 12-4-3 codifies that 'the county auditor shall provide mail registration cards along with instructions on how to properly register voters' — mail registration. § 12-4-9 codifies the master file. § 12-4-19.7 codifies maintenance. § 12-4-2 codifies multiple registration agencies. Multiple registration methods codified (in-person at auditor, by mail, at NVRA agencies). | § view source 2026-05-19 |
| REG.3Cure procedure for incomplete registrationDoes statute define a cure procedure when a registration is rejected as incomplete? | 1/1100.0% | § 12-4-6.1 codifies cure procedure: 'If a card does not contain all of the information required by the form prescribed pursuant to § 12-4-6 or if the card contains information which is not correct, it shall be considered to be effective on the date all of the correct, required information is supplied to the county auditor.' Explicit cure-for-incomplete-registration codified. | § view source 2026-05-19 |
| REG.4Rejection challenge rightIs the voter's right to challenge a rejected or removed registration codified in statute? | 1/1100.0% | § 12-4-59 codifies voter-registration challenge procedure: applicants for correction of precinct registration list may be challenged by SoS, county auditor, or any registered voter in the county, with grounds limited to non-residency or registration in another state. § 12-18-10 codifies grounds for challenge of applicant to vote. § 12-18-6.3 codifies identity-challenge + provisional ballot. Rejection-challenge right codified. | § view source 2026-05-19 |
| REG.5Roll-maintenance criteria in statuteAre the criteria for removing voters from rolls (death, change of address, inactivity) defined in statute, not regulation? | 2/2100.0% | § 12-4-19.4 codifies cancellation criteria: 'if a voter placed in the inactive registration file does not vote by the second general election following the confirmation mailing, the registration shall be canceled.' § 12-4-19.2 codifies inactive-status criteria. § 12-4-19.7 codifies confirmation mailing. § 12-4-19.1 codifies notice. § 12-4-9 codifies master file maintenance. Comprehensive NVRA-compliant statutory roll-maintenance criteria codified. “If a voter placed in the inactive registration file does not vote by the second general election following the confirmation mailing, the registration shall be canceled.” | § view source 2026-05-19 |
| REG.6Pre-purge notice & cure periodIs a statutory notice-and-opportunity-to-cure required before a voter is removed from the rolls? | 1/1100.0% | § 12-4-19.1 codifies the confirmation mailing notice: 'double postcard stating that the voter's registration may be canceled if the card is not returned.' § 12-4-19.7 codifies content. § 12-4-40 codifies duplicate-registration notification. § 12-4-9.2 codifies secured-active designation. NVRA-compliant pre-purge notice + 2-cycle wait period codified. | § view source 2026-05-19 |
Roll Integrity
50.0% · 1/1| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| ROLL.1Voter-data security & breach notificationIs the data security regime for the voter registry (encryption requirements, breach notification, access logs) codified in statute? | 0.5/150.0% | § 12-4-9 codifies that 'an individual's social security number, driver license number, South Dakota nondriver identification number, or month and day of birth is not open to public inspection.' § 12-4-37.1 codifies historical-archive availability with PII restrictions. § 12-4-5.4 codifies registration information protection. Voter-data security partially codified; breach notification lives in SDCL 22-40-19 to 22-40-26 (separate). | § view source 2026-05-19 |
Voter Assistance
66.7% · 2/3| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| ASSIST.1Language assistance thresholdAre the triggers for language assistance (bilingual ballots, language-minority population thresholds) codified in statute? | 0/10.0% | No candidate sections returned by FTS. | no FTS match 2026-05-19 |
| ASSIST.2Disability assistanceIs the right to be assisted in voting by a person of the voter's choosing — and the rules for who may assist — codified in statute? | 1/1100.0% | § 12-18-25 codifies that 'any voter who by reason of physical disability or illiteracy is unable to read or mark a ballot may receive the assistance of any person whom such voter may select.' § 12-18-16.1 codifies optical-scan ballot marking. § 12-15-1.3 codifies precinct assistant duties. § 12-20-7 codifies ballot-count rules. Comprehensive disability + illiteracy assistance framework codified. “Any voter who by reason of physical disability or illiteracy is unable to read or mark a ballot may receive the assistance of any person whom such voter may select.” | § view source 2026-05-19 |
| ASSIST.3Illiteracy assistanceIs assistance for voters who cannot read codified, with a defined procedure protecting ballot secrecy? | 1/1100.0% | § 12-18-25 codifies BOTH 'physical disability or illiteracy' as bases for receiving voter assistance from any person of the voter's choice. Illiteracy is statutorily enumerated as an assistance ground. | § view source 2026-05-19 |
Voting Methods
50.0% · 3/6| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| VM.1In-person polling-place hoursAre polling-place opening and closing hours set by statute (not local administrative discretion)? | 1/1100.0% | § 12-2-3 codifies polling hours: 'the polls shall be opened at the hour of seven a.m. and remain continuously open until seven p.m., standard time or daylight savings time, whichever is in effect.' § 12-2-4 codifies emergency extensions. § 12-2-8 codifies weather postponements. § 12-18-1.4 codifies attendance during voting. § 12-20-17 codifies results-disclosure timing. Polling hours statutorily codified. | § view source 2026-05-19 |
| VM.2Mail-in voting procedureIf mail-in voting is permitted, is the full procedure (application, deadline, return, signature verification, cure) codified in statute? | 0/10.0% | § 12-21-32 (recount certification) is unrelated to mail-in voting. SD's mail-in voting framework is absentee voting under SDCL ch. 12-19. SD has no general mail-in election (other than allowed mail-ballot precincts under SDCL § 12-15-14). Limited codification. | § view source 2026-05-19 |
| VM.3Absentee voting frameworkIs the absentee voting framework (eligibility, application, return, treatment) codified in statute? | 1/1100.0% | § 12-19-3 codifies forwarding of absentee ballot to voter with instructions and return envelope. § 12-19-2.4 codifies multiple-application handling. § 12-19-2.6 codifies independent-primary ballot selection. § 12-4-4.6 codifies absentee-ballot-request as registration. § 12-4-9 codifies master-file absentee tracking. Comprehensive absentee-voting framework codified. | § view source 2026-05-19 |
| VM.4Early voting periodIf early in-person voting is permitted, is the early voting period and the locations rule set by statute? | 0/10.0% | No candidate sections returned by FTS. | no FTS match 2026-05-19 |
| VM.5Drop-box procedureIf ballot drop-boxes are permitted, are placement, security, and chain-of-custody procedures defined in statute (not administrative directive)? | 0/10.0% | No candidate sections returned by FTS. | no FTS match 2026-05-19 |
| VM.6Provisional ballot right & procedureIs the right to cast a provisional ballot, and the procedure for adjudicating it, codified in statute? | 1/1100.0% | § 12-18-40 codifies provisional ballot procedure: affirmation + sealed envelope + ballot box deposit. § 12-18-39 codifies eligibility. § 12-20-5.1 codifies validity determination. § 12-20-13.4 codifies counting notice. § 12-21-24 codifies materials provision. Comprehensive provisional-ballot framework codified. | § view source 2026-05-19 |