South Dakota § 12-19-9.2 - Disqualifying factors--Marking and return of ballot before poll opening.
Full text of South Dakota South Dakota Codified Laws § 12-19-9.2 — Disqualifying factors--Marking and return of ballot before poll opening., with citation guidance and answers to common questions.
§ 12-19-9.2. Disqualifying factors--Marking and return of ballot before poll opening.
If, prior to the casting of absentee ballots, it is made to appear by due proof to the county auditor or election board that any voter who has marked and forwarded an absentee ballot is no longer eligible to vote due to death, felony conviction, or mental incompetence prior to the opening of the polls on the date of the election, the ballot of the voter must be returned in the sealed return envelope with the evidence of the disqualifying factor listed in this section attached and the envelope marked accordingly with one of the following statements:
(1) Unopened by reason of death of voter;
(2) Unopened by reason of felony conviction of voter; or
(3) Unopened by reason of mental incompetence of voter.
The marked envelope must be returned to the officer in charge of the conduct of the election. A returned absentee ballot deemed ineligible may not be opened or counted. The casting of any such ballot shall not invalidate the election.
Source: SL 1974, ch 118, § 142; SL 2023, ch 51, § 11.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 12-19-9.2
What does South Dakota Codified Laws § 12-19-9.2 cover?
Section 12-19-9.2 ("Disqualifying factors--Marking and return of ballot before poll opening.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 12-19-9.2?
A common citation format is "South Dakota Codified Laws § 12-19-9.2" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 12-19-9.2 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.