S.D. Admin. R. 5:02:09:04.03

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

Section 5:02:09:04.03 - Arrangements for and conduct of voting in precincts where automatic tabulating systems used

The following procedures apply to the arrangements for and conduct of voting in precincts where automatic tabulating systems are used:

(1) The precinct officials shall prepare the voting place before the opening of the polls with all the voting booths, instructions to voters, other voting equipment, and supplies as provided by the person in charge of the election. These preparations must be made according to the instructions received at the election school held for precinct officials pursuant to SDCL 12-15-7. If an electronic ballot marking system is being used, it must be operational and tested as provided in § 5:02:09:04.05;

(2) The precinct official charged with the duty of issuing the ballot to the voter shall mark the ballot with the official ballot stamp in the location designated by the person in charge of the election;

(3) The official shall issue the ballot along with any other system equipment required for marking the ballot. If requested by the voter, the official shall issue clear instructions or demonstrations for marking the ballot with only the instrument provided and according to the instructions on the ballot and those posted throughout the voting place. The official shall specifically inform the voter that marking the ballot with any instrument other than the one issued could result in the ballot not being counted. All instructions must be given prior to the voter entering the voting booth, except a voter may receive instruction on operating an electronic ballot marking system while using the system;

(4) A precinct official, in the course of instructing a voter, may not show partiality to any political party or any side of a measure being voted on;

(5) Precinct officials shall discharge the duties of instruction with each political party alternating a turn so as to ensure a nonpartisan presentation;

(6) In precincts using optical scan ballots, the official shall instruct the voter to return the voted ballot in the privacy sleeve so that the official ballot stamp is visible by the official before the ballot is placed in the box. The precinct official shall place any ballot without the official ballot stamp in a separate marked envelope not to be counted and give the voter a new ballot;

(7) Upon completion of the voting on election night, the precinct officials shall complete the recap sheet prescribed in § 5:02:09:16. If the ballot count does not agree with the number of voters in the pollbook, the precinct officials shall compare the voters in the pollbook and the registration list and correct any mistakes;

(8) The precinct officials shall securely seal the ballot box pursuant to § 5:02:16:37;

(9) The voted ballots and all spoiled and unvoted ballots are to be transported pursuant to SDCL 12-17B-9 to the person in charge of the election; and

(10) Precinct officials shall secure in the polling place the equipment and supplies that were issued for the purpose of voting or shall return the equipment and supplies to the person in charge of the election.

S.D. Admin. R. 5:02:09:04.03

21 SDR 77, effective 10/24/1994; 23 SDR 236, effective 7/17/1997; 30 SDR 171, effective 5/10/2004; 32 SDR 225, effective 7/3/2006; 33 SDR 230, effective 7/1/2007.

General Authority: SDCL 12-17B-17(4).

Law Implemented: SDCL 12-17B-6, 12-17B-7, 12-17B-9.

Recapitulation sheet, § 5:02:09:16.