Documentation required for challenge

05:02:24:02. Documentation required for challenge. 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.