FOR IMMEDIATE RELEASE: Monday, Aug. 25, 2025

Contact: Tony Mangan, Communications Director, 605-773-6878 

PIERRE, S.D. – South Dakota Attorney General Marty Jackley has issued an advisory opinion stating that legislation passed by the 2025 Legislature requiring a weekly update of the statewide voter registration file on the Secretary of State’s website does not conflict with previous law that restricts what voter registration information can be released online.

Rep. Taylor Rehfeldt of Sioux Falls had requested the advisory opinion after the Legislature passed House Bill 1062. The bill requires the Secretary of State to post a weekly update of the statewide voter registration file to its website. Rep. Rehfeldt questioned how much of the voter’s personal information could legally be displayed in accordance with the new law. The earlier law prohibited the displaying of unrestricted access of all voter information on the website.

Attorney General Jackley stated that both laws could co-exist. “It is my opinion, that while the Secretary of State is authorized to post the statewide voter registration file to the Secretary's website, it is reasonable for the Secretary of State to place certain requirements on accessing that file in order to give full effect to the “unrestricted access" language of SDCL § 12-4- 41,” wrote Attorney General Jackley.

The Advisory Opinion can be found here: https://atg.sd.gov/OurOffice/OfficialOpinions/opinionhtml.aspx?id=1768#gsc.tab=0

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