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SD HB1314

Bill

Status

Introduced

2/4/2026

Primary Sponsor

Tony Kayser

Click for details

Origin

House of Representatives

2026 Regular Session

AI Summary

  • Prohibits automatic tabulating, electronic ballot marking, or election voting systems from connecting to the internet and prohibits ballot marking devices from saving or tabulating votes; requires all systems to be certified by the U.S. Election Assistance Commission and approved by the State Board of Elections before use

  • Requires vendors to provide software source code to the secretary of state for independent examination—selected in consultation with the vendor and state political party chairs—to verify the system functions as represented and is free from defects; source code is not open to public inspection

  • Moves pre-election testing of automatic tabulating equipment from within 10 days of an election to the first Saturday preceding the 60th day before the election at 9 a.m., with extended notice requirements (two weeks instead of one); equipment that fails to achieve an errorless count by the 50th day before the election may not be used, and all test reports must be publicly available within 24 hours

  • Expands post-election audits from 5% of precincts covering two contests to every precinct covering all contests, conducted by a bipartisan county auditing board beginning the first Friday after the election; requires any recount to be conducted by manual hand count rather than by retesting automatic tabulating equipment

  • Invalidates all systems approved before January 1, 2026, as of July 1, 2026, requiring re-approval by the State Board of Elections; vendors must maintain systems with the most current operating system, software patches, and antivirus software, or the system loses approval and the jurisdiction must hand-count ballots at the vendor's expense

Legislative Description

Modify provisions pertaining to the testing and use of automatic tabulating equipment.

Elections

Last Action

State Affairs Deferred to the 41st legislative day, Passed, YEAS 9, NAYS 3.

2/11/2026

Committee Referrals

State Affairs2/5/2026

Full Bill Text

No bill text available