The person in charge of an election may destroy voted ballots, pollbooks, and all other election material relating to a nonfederal election twenty-two months after the election at which the ballots were voted. The person in charge of an election may destroy voted ballots, pollbooks and all other election material relating to a federal election twenty-two months after the election at which the ballots were voted. For purposes of this section, a federal election is any election to nominate or elect persons to the United States Congress or other national elected position, including national issues or questions. If a ballot is used for a federal election and a state or local election, the ballots and all other election material must be maintained for twenty-two months. All federal election material may be removed from the ballot box if it is maintained in such a manner as to guarantee the safety and integrity of such material.

Source: PolC 1877, ch 27, § 29; SL 1881, ch 74 , § 2; CL 1887, § 1468; RPolC 1903, § 1931; SL 1915, ch 185 , § 1; RC 1919, § 7280; SDC 1939, § 16.1708; SL 1963, ch 109 , § 2; SL 1963, ch 120 ; SL 1965, ch 96 ; SDCL, § 12-20-30; SL 1974, ch 118 , § 162; SL 1986, ch 121 ; SL 2026, ch 36 , § 2.