S.D. Admin. R. 5:02:09:02

Current through Register Vol. 51, page 67, December 16, 2024

Section 5:02:09:02 - Approval of automatic tabulating systems required before distribution

Prior to distribution in South Dakota, a company or corporation dealing in automatic tabulating or electronic ballot marking systems shall give written notice to the state board of elections and demonstrate that its system complies with SDCL 12-17B-2 and § 5:02:09:02.01 or 5:02:09:02.03 and is certified as fulfilling the requirements of the most current Election Assistance Commission voting system standards by an independent test authority accredited by the Election Assistance Commission. If the State Board of Elections approves the system, it shall issue a certificate of approval.

Any changes or modifications in an approved automatic tabulatingor electronic ballot marking system may be certified by the State Board of Elections with or without the demonstration described in this section for initial approval. The modification for the already approved system must have been certified as fulfilling the requirements of the most current Election Assistance Commission voting system standards by an independent test authority accredited by the Election Assistance Commission or been certified to meet the national standard by another state. Any change or modification determined to be de minimis by the independent test authority does not need state board of elections certification.

2 SDR 5, effective 7/30/1975; 6 SDR 25, effective 9/24/1979; 16 SDR 203, effective 5/28/1990; 21 SDR 77, effective 10/24/1994; 22 SDR 95, effective 1/18/1996; 29 SDR 113, effective 1/30/2003; 32 SDR 109, effective 12/26/2005; 33 SDR 230, effective 7/1/2007; 35 SDR 306, effective 7/1/2009; 46 SDR 042, effective 9/30/2019; 47 SDR 037, effective 10/6/2020

General Authority: SDCL 12-17B-17(1).

Law Implemented: SDCL 12-17B-2.