Provide for the publication of the cast vote record of automatic tabulating equipment and to make an appropriation therefor.
Summary
SB 104 would require that the cast vote record produced by automatic tabulating equipment in South Dakota elections be treated as a public record, along with any ballot images collected by that equipment. The bill defines both terms and clarifies that the printed results from tabulating equipment remain the immediate unofficial returns, while the final printed returns are still reviewed and certified by the canvassing board as the official returns.
The measure also includes a $516,000 general fund appropriation to the Secretary of State to provide grants to county auditors for implementation costs. The appropriation is intended to help counties cover expenses associated with making cast vote records and ballot images publicly available, and any unspent funds would revert by June 30, 2028. The act would take effect on June 30, 2025.
Impact
SB 104 would amend South Dakota election law in § 12-17B-13 by expanding public access to election tabulation records. It would make cast vote records and ballot images public records, affecting county auditors, the Secretary of State, election administrators, and members of the public seeking election transparency information. The bill does not change the certification process for official election returns, but it does impose new disclosure and implementation obligations on election offices and provides state funding to support those changes.
Sentiment
The bill appears to have mixed to cautious support. It advanced out of one step with a 6-0 vote, suggesting initial agreement, but later was tabled on a 10-6 vote, indicating significant hesitation or unresolved concerns. With no committee transcript available, the voting history is the main indicator, and it suggests the proposal was controversial enough to stall despite some support.
Contention
The main point of contention is likely the balance between election transparency and administrative or security concerns. Supporters would favor public access to cast vote records and ballot images as a way to increase openness and confidence in election results, while opponents may worry about privacy, misuse of ballot data, implementation burdens on counties, or confusion about records that are public but not the official certified returns. The appropriation may also have raised questions about cost, scope, and whether counties could implement the requirement effectively.