EIIElection Integrity Index
How well does the legal framework defend against vote-altering attacks?
Dimensions
Citizen Verifiability
31.3% · 3/8| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| 4.1Public verification artifactDoes law mandate a downloadable public package containing certificates, device records, and result signatures? | 0.5/150.0% | § 12-25-31 codifies financial-statement forms and public-record requirements. § 12-4-9 codifies master registration file public inspection. § 12-4-19.7 codifies confirmation mailing notice. Public verification artifacts codified through public-records framework; no single signed downloadable package codified. | § view source 2026-05-19 |
| 4.2End-to-end verifiability permittedDoes law permit (or require) per-voter cryptographic receipts that prove inclusion without revealing the vote? | 0/50.0% | No candidate sections returned by FTS. | no FTS match 2026-05-19 |
| 4.3Voter-verifiable paper trailIs voter-verifiable paper record (VVPAT or hand-marked paper) legally required? | 1/1100.0% | § 12-15-14 codifies counting boards in 'paper ballot precincts' — explicit paper-ballot regime. § 12-15-14.1 codifies counting boards in smaller paper-ballot precincts. § 12-16-2 codifies paper-ballot quality + printing specifications: 'All official ballots shall be printed on good quality bond paper, in black ink, and in the English language.' § 12-17B-2 (not in FTS top-5 for this datapoint) codifies that BMDs may not save or tabulate votes (paper-trail preserved). SD regime is paper-only. | § view source 2026-05-19 |
| 4.4Citizen re-tally rightCan any citizen — not just parties — legally re-tally from published precinct data? | 1/1100.0% | § 12-21-34 codifies that 'the certificate as to the result of the recount and the certificate as to disputed ballots shall be filed and preserved by the county auditor as PUBLIC RECORDS.' § 12-17B-13 codifies that automatic-tabulating returns are open to the public. § 12-4-9 codifies public-inspection of master registration file. Citizen re-tally access through public records codified. | § view source 2026-05-19 |
Custody Hardware
62.5% · 5/8| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| 2.1Hardware tamper standardAre tamper-evident or tamper-responsive hardware standards mandated? | 2/540.0% | § 12-16-26 codifies tamper-evident ballot-box construction: 'Ballot boxes shall be so constructed to preclude the removal of any material therefrom except by means of an opening which may be secured in the closed position by means of a metal seal which will preclude opening of the box without the destruction of the seal.' § 12-20-20 codifies sealing of ballot boxes after counting. § 12-20-21 codifies sealed return to officer in charge. § 12-21-33 codifies separate sealing of disputed ballots. § 12-21-29 codifies sealed-ballot recount procedure. Comprehensive tamper-evident regime codified. “Ballot boxes shall be so constructed to preclude the removal of any material therefrom except by means of an opening which may be secured in the closed position by means of a metal seal which will preclude opening of the box without the destruction of the seal” | § view source 2026-05-19 |
| 2.2Network isolation mandateIs internet/Wi-Fi/cellular connectivity legally prohibited on vote-casting equipment? | 1/1100.0% | § 12-17B-2 codifies explicit network-isolation mandate: 'No automatic tabulating, electronic ballot marking, or election voting equipment system may be connected to the internet.' Also prohibits BMD vote-storage. § 12-4-41 codifies voter-data sharing prohibitions. Among the strongest statutory air-gap provisions in the corpus. “No automatic tabulating, electronic ballot marking, or election voting equipment system may be connected to the internet.” | § view source 2026-05-19 |
| 2.3Custody documentationIs full chain-of-custody documentation required and publicly available? | 1/1100.0% | § 12-21-30 codifies court custody of sealed ballots in judicial proceedings. § 12-21-50 codifies certiorari writs addressed to officials with custody. § 12-20-20 codifies ballot-box sealing after counting. § 12-20-21 codifies return-of-materials procedure. Chain-of-custody framework codified throughout. | § view source 2026-05-19 |
| 2.4Tamper criminal penaltyAre there explicit criminal penalties for unauthorized device access? | 1/1100.0% | § 12-26-23.1 makes tampering with automatic-counting / DRE / ballot-marking systems a Class 5 felony. § 12-26-23 makes ballot/ballot-box/poll-list tampering a Class 6 felony. § 12-19-33 makes ballot-handler tampering a Class 6 felony. Comprehensive criminal-penalty framework codified. “No person may intentionally program or alter an automatic ballot counting device, direct recording electronic voting machine, or electronic ballot marking system to erroneously mark, record, or count voted ballots or to render an erroneous total. A violation of this section is a Class 5 felony.” | § view source 2026-05-19 |
Post Election Audit
44.4% · 4/9| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| 3.1Mandatory auditIs a post-election audit legally required for every election? | 0/10.0% | § 12-21-10 codifies candidate-petitioned recount at ≤2% margin — automatic-on-petition rather than mandatory-every-election. § 12-21-16 (not in FTS top-5 for this datapoint) codifies automatic recount on tie vote. § 12-21-11.1 codifies notice procedure. § 12-21-22 codifies multi-recount combination. SD does not codify a separate mandatory post-election audit (no RLA, no fixed-percentage audit); the recount-on-petition framework serves verification only when triggered. | § view source 2026-05-19 |
| 3.2Audit methodWhat audit method is mandated? | 1/520.0% | § 12-21-10 codifies the recount method — county recount board reviews ballots. § 12-21-29 codifies sealed-ballot opening for recount. § 12-21-32 codifies certification. § 12-21-35 codifies certification to canvassing board. § 12-21-16 codifies automatic tie-vote recount. Statutory recount method codified — ordinal level 1: manual recount triggered by margin/tie (no risk-limiting; no fixed-percentage post-tabulation audit). | § view source 2026-05-19 |
| 3.3Audit triggers beyond mandatoryDoes law trigger additional audits on close margins or sworn challenges? | 1/1100.0% | § 12-21-10 codifies that 'a candidate… is defeated, according to the official returns, by a margin not exceeding two percent of the total vote cast' may petition for a complete recount. § 12-21-16 codifies automatic tie-vote recount. Statutory close-margin trigger explicitly codified. | § view source 2026-05-19 |
| 3.4Public observation of auditAre parties, media, and citizens granted observer access to the audit? | 1/1100.0% | § 12-20-13 codifies that 'the county auditor shall tabulate election returns as rapidly as received and make the result available for the information of the public.' § 12-17B-13 codifies that automatic-tabulating returns are 'open to the public.' § 12-4-9 codifies public-inspection access to voter registration master file. § 12-14-15 codifies precinct boundary notice. Public-observation framework codified. | § view source 2026-05-19 |
| 3.5Binding forceAre audit results legally binding on the final certified result? | 1/1100.0% | § 12-20-40 codifies that the county auditor shall make out a certificate of election to each person with highest votes. § 12-21-47 codifies certiorari review of recount determination. § 12-17B-13 codifies that final tabulating returns are 'presented to the canvassing board for review and certification as the official returns.' § 13-1 codifies binding certification chain. Recount/canvass binding on certification codified. | § view source 2026-05-19 |
Software Verifiability
11.1% · 1/9| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| 1.1Source code disclosureIs voting system source code legally accessible? | 0/50.0% | No section in the FTS-surfaced candidates satisfies this criterion. Best signal: § 12-27-22.1 (campaign-finance disclosure) and similar candidates are FTS-surfaced but unrelated to voting-system source-code disclosure. SD does not codify voting-system source-code disclosure; SDCL § 12-17B-2 requires State Board of Elections certification but proprietary code is not statutorily public. | § view source 2026-05-19 |
| 1.2Reproducible builds requirementMust the binary that runs in production be reproducibly buildable from public source? | 0/10.0% | No candidate sections returned by FTS. | no FTS match 2026-05-19 |
| 1.3Pre-election binary commitmentIs the running binary cryptographically committed (hash published) before polls open? | 0/10.0% | No candidate sections returned by FTS. | no FTS match 2026-05-19 |
| 1.4Election definition publicationAre ballot contests, layouts, and tabulation rules signed and published before polls open? | 0.5/150.0% | § 12-17B-15 codifies sealing and storing of tabulated ballots and program boards. § 12-17B-1 codifies voting-system definitions (paper ballot, ballot marking device, automatic tabulating equipment). § 12-26-23.1 codifies criminal liability for programming/altering tabulating devices. § 12-5-1 codifies political party organization. Pre-poll commitment exists through certification framework. | § view source 2026-05-19 |
| 1.5Post-election integrity checkDoes law grant a right to verify the actual running binary matches the committed one? | 0.5/150.0% | § 12-17B-13 codifies the tabulating-vote procedure: 'The results printed by the automatic tabulating equipment shall constitute the immediate unofficial returns. These returns shall be open to the public. The final returns printed by the automatic tabulating equipment shall be presented to the canvassing board for review and certification as the official returns.' Public-review + canvass-board certification chain codified. | § view source 2026-05-19 |
Transparency Observation
50.0% · 4/8| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| 6.1Domestic observer rightsAre party and civil-society observers given full procedural access? | 1/1100.0% | § 12-18-8.1 codifies that 'the State Board of Elections shall promulgate rules… setting the number of poll watchers which are allowed in each polling place.' § 12-18-9.1 codifies poll watcher positioning rules (cannot see into voting booths). § 12-15-2.1 codifies disqualifications. § 12-18-6.3 codifies poll-watcher challenge right. Comprehensive poll-watcher regime codified. | § view source 2026-05-19 |
| 6.2International observer accessAre OSCE/EU/IFES international observers admitted by default? | 0/10.0% | No candidate sections returned by FTS. | no FTS match 2026-05-19 |
| 6.3Precinct-level results publication speedAre precinct-level results legally required to be published within 24h of poll close? | 3/560.0% | § 12-20-13 codifies that 'the county auditor shall tabulate election returns as rapidly as received and make the result available for the information of the public' and shall enter into central state computer immediately following tabulation of each precinct. § 12-17B-13 codifies that tabulating returns are immediately public. § 12-20-10 codifies blank-list precinct reports. § 12-20-21.1 codifies impassable-road procedure. Ordinal level 3: precinct-level results within hours of count completion. “the county auditor shall tabulate election returns as rapidly as received and make the result available for the information of the public” | § view source 2026-05-19 |
| 6.4Public election event logIs a public, signed, append-only election event log legally required? | 0/10.0% | No candidate sections returned by FTS. | no FTS match 2026-05-19 |
Vendor Independence
25.0% · 1/4| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| 5.1Multi-vendor capabilityDoes law permit multiple certified vendors to operate in the same election? | 1/1100.0% | § 12-17B-11 codifies equal party representation among persons employed to receive/process/tabulate ballots — explicit acknowledgment of vendor presence with bipartisan-balance counterweight. § 12-17B-2 codifies State Board certification of multiple systems. Multi-vendor framework codified. “Except for any specially trained technicians representing the equipment vendor and required for the operation of the automatic tabulating equipment, there shall be equal representation from each political party” | § view source 2026-05-19 |
| 5.2Open protocol standardsAre vote-format / device-protocol standards open and publicly documented? | 0/10.0% | No section in the FTS-surfaced candidates satisfies this criterion. Best signal: § 12-2-3 codifies polling hours (7am-7pm) — unrelated to open-protocol standards. SDCL Title 12 does not codify open vote-data exchange protocols; certification is by State Board rule under § 12-17B-2. | § view source 2026-05-19 |
| 5.3Contract duration capAre vendor contracts capped in duration, preventing perpetual lock-in? | 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 vendor contract duration. No statutory cap on voting-system vendor contract duration codified. | § view source 2026-05-19 |
| 5.4Source-code escrowIs source-code escrow with the state required as a condition of certification? | 0/10.0% | No candidate sections returned by FTS. | no FTS match 2026-05-19 |
Voter Access
7.1% · 1/7| Datapoint | Score | Rationale & evidence | Source |
|---|---|---|---|
| 7.1Ballot secrecy guaranteeIs voter–ballot unlinkability legally guaranteed and enforceable? | 0/10.0% | No candidate sections returned by FTS. | no FTS match 2026-05-19 |
| 7.2Accessibility mandateAre accessibility standards (vision, motor, language) legally required at every polling place? | 0/50.0% | No candidate sections returned by FTS. | no FTS match 2026-05-19 |
| 7.3Polling-place density floorIs there a legal floor on polling places per N voters or per geographic area? | 0.5/150.0% | § 12-14-9 codifies that 'polling places shall be selected with reference to the convenience of the voters in the various election precincts, and should be as near the center of the election precincts as practicable.' § 12-14-15 codifies polling-place change procedure. Polling-place provision is codified per precinct; a strict voters-per-place statutory floor is not specified — left to county auditor discretion. | § view source 2026-05-19 |