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House approves bill to publish statewide voter file free to public after close debate
Summary
The South Dakota House on Jan. 30 passed House Bill 1062, a measure to require wider public access to the statewide voter registration file free of charge. The measure passed 37-31 after hours of debate on privacy, cost and administrative burden.
House Bill 1062, which would require the statewide voter registration master file and historical archives to be published free of charge, cleared the South Dakota House on Jan. 30 by a vote of 37-31.
Supporters said the bill would increase transparency and remove a costly fee currently charged to obtain voter lists. "This bill will amend provisions related to the publication of the statewide voter file," Representative Larry Baxter, sponsor of HB 1062, said on the floor. Baxter told colleagues the change would make daily absentee reports and voter history available in the master file and require weekly updates to the Secretary of State's website.
The bill's backers said the change is funded in part by federal Help America Vote Act (HAVA) money and state appropriations already spent to modernize the voter system. "This is already paid for with state and federal tax dollars through HAVA," Baxter said, and referenced prior state spending on modernization.
Opponents focused on privacy and operational concerns. "I have a real concern just from a former law enforcement perspective about releasing free to the public a list of all the 80-, 90-year-old people in South Dakota that are voters," Representative Mortensen said, arguing it could expose vulnerable residents. Representative Healy described scenarios of domestic abuse survivors and law enforcement officers whose addresses could be used to cause harm, saying public access could have a chilling effect on participation.
Other lawmakers raised administrative questions about where records would be maintained and who would shoulder the work. Representative Reimer asked why county auditors were required to "produce a record" and whether that created an unfunded mandate on counties. Representative Baxter replied that county auditors already collect and maintain the information and would transmit the files via the state's existing system.
During debate, an amendment to shorten a proposed five-year rolling archive to a 22-month retention period was proposed but failed on a voice vote. Representative Baxter said 22 months was requested by a Minnehaha County auditor and later characterized it as a federal retention standard.
HB 1062 passed the House; the clerk recorded ayes 37, nays 31. The title of the bill was deemed correct on the floor following the vote.
Votes at a glance: Final passage — House Bill 1062 — Ayes 37, Nays 31; outcome: passed by the House.
