HB 1084

26.521.15  101st Legislative Session  1084
                                      2026 South Dakota Legislature
                                               House Bill 1084
                                                     ENROLLED
                                               AN ACT
ENTITLED An Act to amend provisions pertaining to the public availability of
         information contained in certain records.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-4-2 be AMENDED:
            12-4-2. The county auditor has complete charge of maintaining and safeguarding
   the voter registration records in the county. The county auditor shall retain all voter
   registration records in the auditor's office in paper or electronic form. Except as provided
   in §§ 12-4-9, 12-4-9.2, and 12-4-9.3, the records must be open to public inspection at all
   times during office hours.
            Voter registration must be conducted by each county auditor and municipal finance
   officer. Voter registration forms must be available at the secretary of state's office and at
   any location that:
   (1)      Issues driver licenses;
   (2)      Engages in military recruitment;
   (3)      Assists disabled individuals under programs of the Department of Human Services;
            or
   (4)      Allows for an individual to apply for:
            (a)    Supplemental nutrition assistance program benefits;
            (b)    Temporary assistance for needy families;
            (c)    Benefits under the women, infants, and children supplemental nutrition
                   program; or
            (d)    Medicaid benefits.
Section 2. That § 12-4-9 be AMENDED:
            12-4-9. The county auditor shall maintain and safeguard a digital master
   registration file that contains:
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   (1)      The information from the voter registration card of each individual registered to
            vote in the county;
   (2)      The date of the last election at which the individual has voted;
   (3)      The date when the individual's voter information was last updated; and
   (4)      Any application made by an individual to vote by absentee ballot, including:
            (a)    The mailing address listed on the absentee ballot application form;
            (b)    The absentee ballot requested on the application;
            (c)    The date the absentee ballot was requested;
            (d)    The date that the absentee ballot was returned; and
            (e)    The method of absentee voting employed by the individual.
            Except as otherwise provided in this section, § 12-4-9.2, or 12-4-9.3, the master
   registration file must be open to public inspection, free of charge. 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.
            The county auditor shall produce a record of all the information contained in the
   master registration file the day before any primary or general election scheduled within
   the county by 11:59 p.m. The county auditor shall maintain a rolling five-year archive of
   historical information from the master registration file.
            The county auditor shall keep a voter registration form for a purged or unregistered
   voter twenty-two months. No purged or unregistered voter may be included in the master
   registration file.
Section 3. That § 12-4-9.3 be AMENDED:
            12-4-9.3. Any personally identifiable information contained in the statewide or
   county master registration file is not available to the public if the information pertains to:
   (1)      A current or retired state or federal court judge or justice; and
   (2)      A law enforcement officer, as defined in § 22-1-2.
            The Unified Judicial System shall coordinate with the United States Eighth Circuit
   Court of Appeals and the United States District Court for the District of South Dakota to
   provide the secretary of state with a list of individuals whose personally identifiable
   information is not open to public inspection, pursuant to subdivision (1). The director of
   the Division of Criminal Investigation shall provide the secretary of state with a list of the
   law enforcement officers for purposes of subdivision (2).
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            For purposes of this section, "personally identifiable information" means any home
   address, home or personal telephone number, or personal e-mail address. The city and
   county where the official is a resident is a public record.
            A violation of this section does not create a private right of action.
Section 4. That § 12-4-37.1 be AMENDED:
            12-4-37.1. The secretary of state shall establish and maintain a rolling five-year
   historical archive of the complete statewide voter registration file, including the weekly
   updates published by the secretary pursuant to this section.
            The information contained in the historical archive of the statewide voter
   registration file must be made available free of charge.
            An individual's social security number, driver license number, South Dakota
   nondriver identification number, and month and day of birth contained in the historical
   archive of the statewide voter registration file are not open to public inspection. Any home
   address, home or personal telephone number, or the personal e-mail address contained
   in the historical archive of the statewide voter registration file is not open to public
   inspection if the information is for:
   (1)      A current or retired state or federal court judge or justice; and
   (2)      A law enforcement officer, as defined in § 22-1-2.
            The city and county where the official is a resident is a public record.
HB1084 ENROLLED
26.521.15  4  1084
An Act to amend provisions pertaining to the public availability of information contained in
certain records.
                                                     Received at this Executive Office
 I certify that the attached Act originated in       this _____ day of _____________,
 the:
                                                     2026 at ____________M.
 House as Bill No. 1084
                                                     By
                     Chief Clerk of the House  for the Governor
                                                                      The attached Act is hereby
                                                                  approved this ________ day of
                          Speaker of the House  ______________, A.D., 2026
 Attest:
                                                                                        Governor
                     Chief Clerk of the House
                                                     STATE OF SOUTH DAKOTA,
                                                                                               ss.
                                                     Office of the Secretary of State
                       President of the Senate
                                                                    Filed ____________, 2026
 Attest:  at _________ o'clock __M.
                       Secretary of the Senate  Secretary of State
 House Bill No. 1084  By
 File No. ____  Asst. Secretary of State
 Chapter No. ______
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