Pursuant to SDCL 12-3-6 to 12-3-13, inclusive, the county auditor and state's attorney of a county determined to be covered by the Voting Rights Act Amendments of 1975 may proceed as follows in order to be exempt:

1. (1) Certify that the most recent census figures show a precinct has less than five per cent Indian adult population;

2. (2) Certify that a precinct's illiteracy rate is below the national average.

   These facts may be shown by actual count. The facts shall be certified to the secretary of state by affidavit of the county auditor and state's attorney.

Source: 2 SDR 82, effective June 13, 1976; 10 SDR 27, effective September 26, 1983; 25 SDR 8, effective August 3, 1998.

General Authority: SDCL 12-3-13.

Law Implemented: SDCL 12-3-6 to 12-3-13.