The Secretary of State's Office shall produce a combined application form and affidavit to challenge the right to vote of any registered voter and distribute the form to the county auditors. The combined application form and affidavit must contain:

1. (1) The following information about the individual filing the challenge:

   1. (a) Name;
   2. (b) Voter registration address;
   3. (c) Telephone number; and
   4. (d) Email address;
2. (2) The name of the challenged voter;

3. (3) One or more of the following regarding the challenged voter:

   1. (a) Voter identification number;
   2. (b) South Dakota driver license or South Dakota nondriver identification card number; or
   3. (c) Year of birth;
4. (4) The voter registration address of the challenged voter;

5. (5) One or more of the following reasons for the challenge:

   1. (a) The challenged voter is disqualified from voting, pursuant to SDCL 12-4-18;
   2. (b) The challenged voter is deceased;
   3. (c) The challenged voter has voted or registered to vote in another state; or
   4. (d) The challenged voter is not a resident of South Dakota, as defined in SDCL 12-1-4;
6. (6) A list of the documentation provided with the combined application form and affidavit to demonstrate the insufficiency of the challenged voter's qualifications;
7. (7) The following oath, which must be administered by a notary public or another official authorized by this state to administer an oath: "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";

8. (8) The date the application was filed with the county auditor, and indicate:

   1. (a) If the voter is challenged for the reasons listed in subsection (5)(a) or (5)(b) of this section, whether the application was filed at least thirty days before an election; or
   2. (b) If the voter is challenged for the reasons listed in subsection (5)(c) or (5)(d) of this section, whether the application was filed at least ninety days before an election; and

9. (9) The county in which the individual filing the challenge is registered to vote, and indicate:

   1. (a) Whether the individual filing the challenge is registered to vote in South Dakota, and is thereby eligible to file a challenge based on subsection (5)(a) or (5)(b) of this section; or
   2. (b) Whether the individual filing the challenge is registered to vote in the same county as the challenged voter, and is thereby eligible to file a challenge based on subsection (5)(c) or (5)(d) of this section.

Source: 52 SDR 32, effective September 29, 2025.

General Authority: SDCL 12-1-9 (4), 12-4-60 .

Law Implemented: SDCL 12-4-58 to 12-4-61 , inclusive .