South Dakota § 12-4-61 - Voter registration challenge--Auditor duties--Verification request--Hearing--Voter cancellation--Limitation--Promulgation of rules.
Full text of South Dakota South Dakota Codified Laws § 12-4-61 — Voter registration challenge--Auditor duties--Verification request--Hearing--Voter cancellation--Limitation--Promulgation of rules., with citation guidance and answers to common questions.
§ 12-4-61. Voter registration challenge--Auditor duties--Verification request--Hearing--Voter cancellation--Limitation--Promulgation of rules.
If a county auditor receives an application for correction, pursuant to § 12-4-60, and, after researching the voter, determines the affidavit raises a valid challenge, the auditor must send a verification request to the voter named in the application. The verification request must be sent by forwardable mail in compliance with the National Voter Registration Act, 52 U.S.C. §§ 20501 to 20511, inclusive (January 1, 2025).
The verification request must be returned to the auditor within thirty days of the postmark date and must include documentation sufficient to demonstrate the voter's qualifications as a registered voter. The voter named in the application may request a hearing before the county auditor to demonstrate the voter's qualifications as a registered voter.
The county auditor must cancel a voter's registration if the voter:
(1) Fails to produce documentation sufficient to demonstrate the voter's qualifications; and
(2) Has not voted or appeared to vote in an election during the period between:
(a) The date that the verification request was sent; and
(b) The day after the first general election following the date of the verification request.
The county auditor may not cancel the voter registration of an individual challenged pursuant to § 12-4-59, within the ninety days immediately prior to the date of an election.
The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, establishing the process by which a county auditor must research a registered voter to establish the validity of a challenge.
Source: SL 2025, ch 61, § 4.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 12-4-61
What does South Dakota Codified Laws § 12-4-61 cover?
Section 12-4-61 ("Voter registration challenge--Auditor duties--Verification request--Hearing--Voter cancellation--Limitation--Promulgation of rules.") 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 § 12-4-61?
A common citation format is "South Dakota Codified Laws § 12-4-61" (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 § 12-4-61 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.