South Dakota 2026 Regular Session

South Dakota Senate Bill SB177

Introduced
1/29/26  
Refer
1/29/26  
Report Pass
2/6/26  
Engrossed
2/10/26  
Refer
2/11/26  
Report Pass
2/25/26  
Enrolled
3/2/26  

Caption

Clarify the requirements for marking an optical scan ballot.

Impact

By mandating the exclusive use of black ink pens for optical scan ballots, SB177 addresses potential discrepancies in ballot marking that might lead to challenges in counting those votes. This change is expected to enhance the integrity of election results by minimizing the risk of disqualified ballots, thereby ensuring that every vote is counted as intended. The bill modifies ยง 12-18-16.1 of the state law to assert that no ballot marked with any writing instrument other than a black ink pen may be disqualified, emphasizing the importance of compliance with this standard.

Summary

Senate Bill 177 aims to clarify the requirements regarding the marking of optical scan ballots during elections in South Dakota. This bill stipulates that election officials must provide black ink pens for all in-person voters and must instruct absentee voters to use the same when marking their ballots. The intention behind this legislation is to ensure uniformity in how ballots are marked, which can help improve the accuracy of election processes and prevent disqualification of improperly marked ballots.

Sentiment

The sentiment towards SB177 appears largely supportive, as many recognize the need for clear and precise voting regulations to uphold democratic processes. Some legislators and advocacy groups have expressed their approval, noting the bill's potential to enhance voter confidence and electoral integrity. However, there are concerns regarding the rigidity of the requirements, which some fear might may disproportionately affect voters unfamiliar with the new regulations, particularly absentee voters who may not have clear access to black ink pens when completing their ballots.

Contention

While the bill is primarily seen as a straightforward clarification, there exists a debate concerning the implications of enforcing such specific requirements on ballot marking. Critics might argue that imposing a singular method for marking ballots could inadvertently disenfranchise certain groups of voters or complicate the voting process. Opponents suggest that flexibility in ballot marking could be more beneficial, with alternative methods, possibly by allowing other colors or types of pens if they meet legibility standards. The discussion reflects broader tensions around voting regulations and accessibility, weighing the need for uniformity against the necessity for inclusive voter participation.

Companion Bills

No companion bills found.

Previously Filed As

SD SB20

Require a voter use a pen when marking a ballot.

SD HB1104

Amend the requirements for a paper ballot.

SD SB41

Clarify the minimum age requirements for a hunting license.

SD SB89

Repeal the requirement that judicial officers be listed on a separate nonpolitical ballot.

SD HB1059

Clarify the meaning of teleconference for purposes of open meeting requirements.

SD HB1179

Clarify certain labeling and sales requirements for homemade food items.

SD SJR503

Proposing and submitting to the voters at the next general election an amendment to the Constitution of the State of South Dakota, clarifying that an individual must be a citizen of the United States to be eligible to vote.

SD HB1044

Authorize the use of a newborn safety device for the voluntary surrender of a newborn and to make clarifying changes.

SD HB1063

Revise the provisions for preparing a fiscal note for ballot questions.

SD HB1248

Clarify informed consent requirements for the provision of prenatal and postnatal care to a minor.

Similar Bills

No similar bills found.