If an individual files a combined application form and affidavit, the individual must provide the county auditor with an original or a photocopy of at least one of the following documents to demonstrate the insufficiency of the challenged voter's qualifications:
(1) If the combined application form and affidavit asserts that the challenged voter is disqualified from voting, pursuant to SDCL 12-4-18:
- (a) A court order declaring the challenged voter to be mentally incompetent; or
- (b) A record of a felony conviction in a state or federal court;
(2) If the combined application form and affidavit asserts that the challenged voter is deceased:
- (a) An obituary; or
- (b) A death certificate;
(3) If the combined application form and affidavit asserts that the challenged voter has voted or registered to vote in another state:
- (a) A voter file obtained from an election official in another state indicating that the challenged voter is registered to vote in the state; or
- (b) A voter history file obtained from an election official in another state indicating that the challenged voter has voted or offered to vote at any election held in the state; or
(4) If the combined application form and affidavit asserts that the challenged voter is not a resident of South Dakota, as defined in SDCL 12-1-4:
- (a) A driver license or nondriver identification card issued by another state;
- (b) A resident hunting, fishing, or trapping license issued by another state;
- (c) A national change of address with the United States Post Office indicating that the challenged voter has moved to another state;
- (d) State or county records for a property owned by the challenged voter in another state indicating that the property is subject to a homestead exemption;
- (e) Tax documents indicating that the challenged voter is a resident of another state for the purpose of taxation; or
- (f) A completed residency affidavit or certificate from another state.
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 .