South Dakota 2026 Regular Session

South Dakota Senate Bill SB114

Introduced
1/23/26  
Refer
1/23/26  
Report Pass
1/28/26  
Engrossed
2/2/26  
Refer
2/3/26  
Report Pass
2/23/26  
Enrolled
2/25/26  

Caption

Provide for the publication of ballot images and the cast vote record of automatic tabulating equipment.

Impact

SB114 significantly impacts state laws regarding election procedures and the handling of voting data. By establishing definitive guidelines about the publication of cast vote records and ballot images, the bill aims to safeguard voter information while promoting electoral transparency. The legislation ensures that records indicating how and when a vote was cast, or any unredacted personal information, are not released. This adjustment in regulatory structure modifies previous laws governing election data and could potentially affect how local jurisdictions manage their election processes.

Summary

Senate Bill 114 (SB114) addresses the publication of ballot images and cast vote records generated by automatic tabulating equipment during elections in South Dakota. The legislation aims to enhance transparency in the electoral process while placing restrictions on the release of specific data to protect voter privacy. It mandates that jurisdictions may only publish cast vote records and ballot images under certain conditions, effectively outlining how and when such information can be made public. This creates a framework for managing election-related data responsibly while ensuring essential transparency for the public.

Sentiment

The sentiment surrounding SB114 has been mixed. Proponents argue that the bill offers a necessary balance between transparency and privacy, reinforcing public trust in the electoral system while safeguarding sensitive voter information. They believe that protecting voter identities promotes greater electoral integrity. Conversely, critics of the bill express concerns that overly stringent restrictions on data publication might hinder transparency initiatives, making it more challenging to verify election integrity.

Contention

Notable points of contention stem from the balance between transparency and voter privacy. Some lawmakers and voter advocacy groups fear that excessive restrictions may prevent independent monitoring of election integrity by withholding data that could verify vote counts and processes. Additionally, discussions focused on the implications for jurisdictions adhering to these publication guidelines, particularly regarding the requirements for combining ballot data in precincts with lower turnout to comply with the transparency goals outlined in SB114.

Companion Bills

No companion bills found.

Previously Filed As

SD SB104

Provide for the publication of the cast vote record of automatic tabulating equipment and to make an appropriation therefor.

SD SB217

Prohibit the use of automatic tabulating equipment.

SD HB1127

Require that notice of a county's canvass, post-election audit, and testing of automatic tabulating equipment be posted to the secretary of state's website.

SD SB125

Make reports produced by automatic tabulating equipment open to public inspection.

SD HB1062

Amend provisions pertaining to the maintenance and publication of the statewide voter registration file.

SD SB103

Prohibit the use of voter centers in a county.

SD HB1208

Designate an individual using the address of a mail forwarding service or post office box when applying to register as a voter or vote by absentee ballot as a federal voter.

SD HB1145

Amend provisions pertaining to the maintenance and publication of the statewide voter registration file.

SD HB1104

Amend the requirements for a paper ballot.

SD SB48

Modify provisions pertaining to the registration of voters.

Similar Bills

No similar bills found.