Senate Bill 20 changes South Dakota election law to require voters to use a pen when marking a paper ballot or optical scan ballot. The bill amends § 12-18-16 to state that a voter may use a black ink ballpoint pen to mark the ballot, and it preserves the ability to mark choices with either a cross (x) or a check mark (√). It also repeals § 12-18-16.1, which had allowed voters using an optical scan ballot to use a pencil or other marking instrument provided to mark their choice.
In practical terms, the bill removes the statutory option to use a pencil on optical scan ballots and consolidates the marking rule so that ballots are marked with a pen. The measure is aimed at standardizing ballot-marking procedures for paper and optical scan voting systems and would affect voters, election officials, and ballot-processing procedures statewide.
Impact
SB20 would amend South Dakota’s election code by narrowing the permitted writing instrument for marking paper and optical scan ballots to a black ink ballpoint pen and by repealing the separate provision that allowed pencils or other provided marking instruments on optical scan ballots. This would require election administrators to update polling-place instructions, ballot materials, and training to reflect the new marking requirement, while voters would need to comply with the pen-only rule when casting these ballots.
Sentiment
The available voting history suggests generally favorable support for the bill, with strong do-pass votes in the Senate and committee action, though not unanimous at every stage. The bill advanced comfortably in some votes, indicating broad agreement on the goal of standardizing ballot-marking rules, but later committee action shows some hesitation or procedural delay, suggesting the issue was not entirely free of concern.
Contention
The main point of contention appears to be whether voters should be required to use a pen rather than allowing pencils or other marking instruments on optical scan ballots. Supporters likely view the change as a simple standardization measure that may reduce ambiguity in ballot marking, while opponents or hesitant members may be concerned about voter convenience, accessibility, and whether the change is necessary given existing ballot-processing systems. The recorded deferrals indicate some members wanted additional time or further consideration before final action.