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Auditors Say Secretary of State Delaying Friday’s Opening of Early Voting

Yesterday was the deadline for us Americans to pay our federal income tax for 2025. The Internal Revenue Service allows taxpayers to ask for extra time to file their 1040s, but extensions only apply to the paperwork; we still have to send our money to Uncle Sam by April 15 or pay penalties and interest.

Yesterday was also the deadline for the Secretary of State to put primary ballots in the hands of county auditors:

The sample ballots and official ballots must be printed and in the possession of the county auditor not later than forty-eight days prior to a primary or general election [South Dakota Codified Law 12-16-1, last amended 2025].

There is no exception in statute allowing the Secretary of State to delay those ballots. That printing and delivery deadline is locked in by the deadline for opening early voting, which is this Friday:

Absentee voting shall begin neither earlier nor later than forty-six days prior to the election including any voter identified as being covered by the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) [SDCL 12-19-1.2, enacted 2013].

Secretary of State Monae Johnson is putting South Dakota in violation of both laws:

Early and absentee voting for the June 2 primary election will be delayed, several election officials in South Dakota said Wednesday.

Early voting is supposed to begin on Friday, but some county auditors across the state alerted the public this week of the delay. No one knew how long the delay will be, but said they hope it will not last longer than April 24.

…Pennington County Auditor Sabrina Green, in Rapid City, said counties cannot print ballots until the state has certified all candidates for the ballot.

“We don’t have a choice if we don’t have ballots,” Green said.

Green said the South Dakota Secretary of State’s Office also has one outstanding nomination petition challenge holding up the process. Green did not know which race was affected or any other details. The Secretary of State’s Office did not immediately respond to questions about the delay [Makenzie Huber, “Early Voting for the June 2 Election Will Be Delayed,” South Dakota Searchlight, 2026.04.15].

Yes, the calendar is quirky this year, with the latest possible date for filing partisan nominating petitions and the earliest possible date for the primary coinciding to give the Secretary of State the least possible time to review petitions. Yes, the Legislature screwed things up by forcing cities, counties, and school boards to hold their elections on the same date as the primary or the general election. The Legislature can fix both of those problems next year, not by slashing absentee voting time or setting petition deadlines even earlier and taking more time away from citizen participation but by (1) repealing the 2025 election consolidation law and (2) moving the primary to July (like Arizona), August (like Minnesota and 13 other states), or even September (like Massachusetts, Rhode Island, New Hampshire, and Delaware).

But right now, failure is not an option. South Dakotans have a right to vote. South Dakota law says they can begin exercising that right tomorrow. The Secretary of State is bound by oath and duty to ensure every South Dakotan can exercise that lawful right. The Secretary of State needs to clear her calendar, borrow staff from the Governor’s office, put in overtime, process all of the petitions and challenges, and make ballots and voting possible by the beginning of business Friday.

5 Comments

  1. Algebra

    If you review the candidate list and check the dates of certifications, you will see that they worked over the Easter weekend.
    You will also see that some candidates withdrew on 3/31 and 4/1, indicating they were just running interference for somebody else, who submitted their petitions at the last minute.
    We have been seeing this more frequently, where one person is showing up at county meetings, circulating petitions, openly campaigning, and then dropping out at the last minute, and somebody shows up on the candidate list as a surprise. Then the challenges come in and people who were certified are decertified.
    These people are wasting the SOS office staff’s time. They are costing us money.

    33 states allow candidates to get their names on the ballot by paying filing fees. I like the “1% of the annual salary of the position” one.
    All that has to be verified in those states is whether the check clears.

  2. Republicans are like their fearless leader. Laws are just suggestions to them. Ms. Johnson’s heart is in the right place.
    Monae will be issuing a meme with Mary Magdalene and herself. It is Easter after all.

  3. Donald Pay

    Yeah, well, you have to wonder about anyone who votes 46 days, or whatever it is, ahead of an election. I wouldn’t vote for Jesus over Trump that early. I would want to read about their platforms. The Bible has a lot of troubling passages that I’d want Jesus to clarify, but I’m sure He would get my vote. And by He, I don’t mean Trump.

    Who are those really really early voters anyway? I suppose voters living outside the country who may want to cast a ballot need some lead time. My daughter is one of those, but after 20 plus years living outside the USA, she pretty much only votes for President, Senate, Congress and Governor in the general election, and maybe a ballot measures or two now and then. These are the races she can get some research on easily.

    I’m not one of those voters who votes by party. I take the time to look at every candidates’ positions and qualifications before I make a decision. The problem I run into is some candidates don’t want to put out list of issues and their positions on them. I tend to vote against them. Also, I vote against people who say they are a lifelong resident of _______. That and 50 cents won’t buy you a Rapid City Journal. Also, I don’t vote for anyone who says they are an “avid hunter.” It’s not that I have anything against hunters. It’s that I can’t stand the word “avid.”

  4. grudznick

    As usual, Mr. Pay is righter than right. As an avid blogger and lifelong South Dakotan, grudznick is of the opinion nobody needs to vote more than 14 days in advance of Election Day and if you go more than 7 days early your vote should only count half.

  5. VM

    Let’s not forget all the snowbirds that fly south for the winter. Many need to vote early to get to Texas before the snow flies before them. Some voting is in the spring before they return so they need mail in ballots. It’s a must.

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