SD Administrative Rule (2025 -- Voting)
Rule/Regulation
Effective: October 27, 2025
SummaryA new rule from the South Dakota Secretary of State establishes a form and affidavit for voters to challenge another voter's eligibility, which must be sworn before an official authorized to administer oaths, including a Notary Public.
AffectsCreates Section 05:02:24:01 of the Administrative Rules of South Dakota.
Changes
- Creates a combined application form and affidavit to challenge the right to vote of any registered voter and requires the affidavit to be sworn to before Notary or other officer authorized to administer oaths.
AnalysisMost states have laws that allow a registered voter’s eligibility to be challenged, but the reasons and procedures for doing so vary from state to state. In South Dakota, a challenge can be made if the voter is mentally incompetent, currently incarcerated, deceased, registered or has voted in another state, or is not a resident of South Dakota. This new rule creates a combined application form and affidavit for this purpose and requires the voter submitting it to swear a specific oath as follows: “I, _________, under oath, attest that, to the best of my personal knowledge and belief, having exercised due diligence to personally verify the evidence presented, the challenged voter described herein is not qualified to vote and should be removed from the master registration file, pursuant to SDCL 12-4-58 to 12-4-63, inclusive. I attest that this application is not based on an unsupported allegation or the allegation of an anonymous third party. I understand that this application and the attached documentation may be provided to the challenged voter, and that the challenged voter may request a hearing to demonstrate their qualifications as a registered voter.” A Notary Public or other officer authorized to administer oaths may swear the voter.
Read the administrative rule.