South Dakota § 12-17B-13.2 - Cast vote record or ballot image--Public record--Exceptions to release--Expenses.

§ 12-17B-13.2. Cast vote record or ballot image--Public record--Exceptions to release--Expenses.

Notwithstanding the provisions of § 12-17B-13, the governing body of the jurisdiction conducting the election may not release any cast vote record or collection of ballot images if the cast vote record or any ballot image:

(1)    Indicates the date, time, or order in which a ballot was cast;

(2)    Contains any unredacted personal information that may be used to identify the voter who cast the ballot;

(3)    Provides the tabulating equipment's data in the order in which the data was generated;

(4)    Does not include all the ballots that were cast at the precinct polling place or vote center;

(5)    Is from a precinct polling place or vote center in which fewer than one hundred ballots were cast, and the cast vote record or ballot images have not been:

(a)    Redacted to exclude the ballot style name, ballot style number, and any contest that is unique to the precinct; and

(b)    Combined with the cast vote record or ballot images from at least one other precinct or vote center to be released as a collection that contains more than one hundred ballots; or

(6)    Is related to a ballot style of which fewer than one hundred ballots were cast, and the cast vote record or ballot images have not been:

(a)    Redacted to exclude the ballot style name, ballot style number, and any contest that is unique to the ballot style; and

(b)    Combined with the cast vote record or ballot images related to another ballot style to be released as a collection that contains more than one hundred ballots.

The jurisdiction conducting the election is responsible for all expenses associated with producing, storing, archiving, and releasing a cast vote record or a collection of ballot images.

Source: SL 2026, ch 71, § 2.