Inconsistent County Auditor Access and Information Constrains Voting Rights in South Dakota

Our Elections Depend on County Auditors

Sioux Falls — On September 20, registered voters in South Dakota began casting their ballots for the 2024 general election. While Election Day itself will take place on November 5, South Dakota law dictates that absentee voting begins 46 days before the general election – falling on September 20 this year. South Dakota voters have two options for absentee voting: first, applying for and returning a mail-in ballot; and second, voting absentee in-person at their county auditor. 

No-excuse absentee voting is the law in South Dakota, and, in theory, the process is relatively easy. A registered voter can apply for a mail ballot or show up at their county auditor’s office to cast their vote. In practice, however, in-person absentee voting can be difficult in South Dakota. 

Unequal Access to County Auditors Presents Challenges to Voters

Most of the time, difficulties arise when voters attempt to vote absentee at their County Auditor’s office rather than by mail. On Election Day, polling places must be open from 7am to 7pm and voters must be notified of their polling location via mail card or can check it online via the South Dakota Voter Information Portal – in contrast, there is no statutory requirement for county auditor’s offices to have standardized hours during absentee voting, post what hours the office is open, or post a physical address for early voters.

As such, absentee voters can have difficulties knowing when and where they may cast their ballot prior to election day. The Secretary of State’s website hosts a list of all county auditors in the state, but 37 of the 66 counties list a PO box rather than a physical address. While fine for mail-in ballots, voters cannot physically cast their ballots at a PO box.

Beyond posting addresses, county auditor hours vary throughout the state – some close for lunch breaks, some are closed on specific weekdays, and some counties lack full time auditors. This isn’t to say that every county in South Dakota needs full-time auditors year round, but that consistent and predictable service is essential when functioning as a polling place. Our patchwork of policies creates patchwork access to the ballot, and that is unacceptable.

On the first day of absentee voting this cycle, the second largest county auditor office (Pennington County) in the state was closed on the first day of absentee voting. 1,400 votes were cast in-person at county auditor offices on September 20, but none came from South Dakota’s second largest county or city because Pennington County is closed on Fridays.

South Dakotans’ constitutional voting rights are not adequately served through the current system, where a voter’s access and ability to vote is contingent on where they live. Rights determined by geography are not really rights at all.

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