SB 177 South Dakota Senate · 2026 Regular Session

clarify the requirements for marking an optical scan ballot.

This bill amends South Dakota election law to require voters using optical scan ballots to mark their choices exclusively with a black ink ballpoint pen. It directly affects all voters in South Dakota who cast ballots through optical scan systems, replacing the previous allowance of pencils or other marking instruments. The key provision specifies that black ink pens are the only permitted tool for marking these ballots, eliminating alternatives like pencils. The change is procedural, focusing solely on ballot marking standards without altering voting procedures or outcomes.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
Senate Passage
Feb 2026
House Passage
Mar 2026
Signed into Law
Mar 2026
Introduced Jan 29, 2026 Signed Mar 12, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

Senate State Affairs Engrossed Enrolled · 4 edits · Mar 3, 2026
MODERATE
This bill removes browser compatibility warnings and replaces them with the official text of Senate Bill 177. The bill clarifies election procedures by mandating that election officials provide black ink pens to voters and instructing absentee voters to use them, while explicitly prohibiting the disqualification of ballots marked with other writing instruments.
Scope change
The bill's scope is limited to clarifying the requirements for marking optical scan ballots in South Dakota elections.
TECHNICAL

Removed browser compatibility warnings and navigation links that were part of the previous document view.

REQUIREMENT

Added a requirement for election officials to provide black ink pens to in-person voters.

Added a requirement to instruct absentee voters to use a black ink pen to mark their ballots.

ENFORCEMENT

Added a prohibition on disqualifying any ballot marked with a writing instrument other than a black ink pen.

Floor votes · House Mar 2, 2026

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
16
Key actions
9
Committee
4
Amendments
1
Mar 12, 2026
Signed into law
Signed by the Governor on 2026-03-12 S.J. 529
executive
Mar 4, 2026
Lower · Passed
Signed by the Speaker H.J. 516
lower
Mar 3, 2026
Lower · Passed
Signed by the President S.J. 448
lower
Mar 2, 2026
Lower · Passed
House of Representatives Do Pass Amended , Passed, YEAS 62, NAYS 3 H.J. 475
lower
Mar 2, 2026
House · Passed
House Vote: pass (62-3-5)
house
Feb 25, 2026
Lower · Passed
State Affairs Do Pass , Passed, YEAS 11, NAYS 1
lower
Feb 11, 2026
Introduced
First read in House and referred to House State Affairs H.J. 294
lower
Feb 10, 2026
Upper · Passed
Senate Do Pass Amended , Passed, YEAS 34, NAYS 0 S.J. 233
upper
Feb 6, 2026
Upper · Passed
Certified uncontested, placed on consent , Passed, S.J. 18
upper
Feb 6, 2026
Upper · Passed
State Affairs Do Pass Amended , Passed, YEAS 7, NAYS 0 S.J. 18
upper
Feb 6, 2026
Introduced
State Affairs Motion to amend , Passed, S.J. 18 Amendment 177C
upper
Jan 29, 2026
Introduced
First read in Senate and referred to Senate State Affairs S.J. 141
upper
6 primary · 0 co-sponsors

Sponsors