By Victoria Wicks
South Dakota is currently in violation of the federal Military and Overseas Voters Act, or MOVE. That act requires that runoff elections in federal elections occur at least 45 days after the primary election. Current state law sets the runoff just 21 days after the primary.
To fix the problem, the Secretary of State’s office supports House Bill 1170, which sets runoff elections ten weeks after the primary.
Deputy Secretary of State Patricia Miller says a 10-week delay allows for ballots to reach overseas voters and be mailed back again.
“To become compliant under the MOVE act, South Dakota must amend South Dakota law allowing at least 45 days for absentee voting for military and overseas voters in a federal office runoff election,” Miller says. ”This mandate calls for the special election to take place 10 weeks after the primary election date. This will allow ample time for the election totals to become official, create the new runoff, and be able to send them to the voters.”
Overseas voters can receive a ballot electronically, but they must mail the paper ballot back.
Miller told the House State Affairs committee Monday that the state of Georgia was noncompliant with the MOVE Act, and the U.S. Department of Justice sued that state.
The committee gave a do-pass recommendation to the bill. It now goes before the full House for discussion.