South Dakota House Bill HB1217

South Dakota 2023 Regular Session

• Introduced: 2/1/23
• Refer: 2/1/23
• Refer: 2/13/23
• Report Pass: 2/16/23
• Report Pass: 2/21/23

Caption

Modify the requirements for eligibility to vote by absentee ballot.

Impact

One significant change introduced by HB 1217 is the prohibition of absentee ballot drop boxes in the county auditor's jurisdiction. This means voters can only return mail-in ballots via the mail or in person, either directly or through an authorized messenger. This aspect is aimed at tightening the security of the absentee voting process, but it has raised concerns regarding accessibility for voters who may struggle to mail their ballots or travel to election offices, particularly in rural areas where distances to these offices can be significant. The bill categorizes violations of this new rule as a Class 2 misdemeanor, reflecting a strong stance on election security.

Summary

House Bill 1217, introduced in the South Dakota Legislature, modifies the requirements for eligibility to vote by absentee ballot. The bill stipulates that registered voters may vote by absentee ballot if they are expected to be absent from their voting jurisdiction on election day or if they have a physical disability preventing them from voting in person. Notably, it expands conditions for absentee voting by including those observing religious holidays or those whose employment restricts their ability to attend polling places. Furthermore, the bill ensures that absentee ballots begin being available for voters under certain qualifications up to 46 days before an election.

Contention

The discussions surrounding HB 1217 have highlighted tension between election security advocates and opponents who are concerned about potential voter suppression. Supporters argue that stricter measures, such as eliminating drop boxes, are necessary to prevent fraud and ensure the integrity of the electoral process. Critics, however, contend that these restrictions disproportionately affect vulnerable populations, including those with disabilities and those living in remote areas who may already face difficulties in accessing voting resources. The bill was reconsidered on February 22, 2023, but ultimately faced a narrow defeat in the House, suggesting that the debate around absentee voting and election accessibility remains contentious within South Dakota's political landscape.