Upon receipt of the challenged voter's documentation or upon the conclusion of the challenged voter qualification hearing held pursuant to § 5:02:24:05, the county auditor shall review the evidence presented and determine the sufficiency of the challenged voter's qualifications.

1. (1) State the factual basis supporting the determination;
2. (2) Notify the individual who filed the challenge of the determination;

3. (3) Notify the challenged voter:

   1. (a) Of the determination; and
   2. (b) That the voter's registration has either been maintained or canceled; and

4. (4) If the voter's registration has been canceled, inform the challenged voter that the voter may appeal the decision to either the board of county commissioners or the circuit court, pursuant to SDCL 12-4-62. If the appeal is made to the county commission, the appeal must be filed with the state's attorney of the county. The commission shall consider the appeal as a contested case, pursuant to SDCL chapter 1-26, within forty-five days.

   The county auditor shall scan the documentation provided by the challenged voter and the documentation required under subdivisions (1) to (4), inclusive, of this section into the computerized voter registration system maintained by the secretary of state.

If the county auditor determines that the challenged voter's qualifications are sufficient, the auditor must maintain the voter's registration.

If the challenged voter does not provide the documentation listed in § 5:02:24:03 within the timeframe specified in SDCL 12-4-61, or the county auditor determines that the challenged voter's qualifications are insufficient, the auditor must cancel the voter's registration, pursuant to SDCL 12-4-61.

The county auditor shall, in writing:

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

General Authority: SDCL 12-1-9 (4), 12-4-61 .

Law Implemented: SDCL 12-4-58 to 12-4-62 , inclusive .