SDCL § 12-17B-13.2: Cast vote record or ballot image--Public record--Exceptions to release--Expenses.

Notwithstanding the provisions of § 12-17B-13, the governing body of the jurisdiction conducting the election may not release any cast vote record or collection of ballot images if the cast vote record or any ballot image:

(1) Indicates the date, time, or order in which a ballot was cast;

(2) Contains any unredacted personal information that may be used to identify the voter who cast the ballot;

(3) Provides the tabulating equipment's data in the order in which the data was generated;

(4) Does not include all the ballots that were cast at the precinct polling place or vote center;

(5) Is from a precinct polling place or vote center in which fewer than one hundred ballots were cast, and the cast vote record or ballot images have not been:

(a) Redacted to exclude the ballot style name, ballot style number, and any contest that is unique to the precinct; and

(b) Combined with the cast vote record or ballot images from at least one other precinct or vote center to be released as a collection that contains more than one hundred ballots; or

(6) Is related to a ballot style of which fewer than one hundred ballots were cast, and the cast vote record or ballot images have not been:

(a) Redacted to exclude the ballot style name, ballot style number, and any contest that is unique to the ballot style; and

(b) Combined with the cast vote record or ballot images related to another ballot style to be released as a collection that contains more than one hundred ballots.

The jurisdiction conducting the election is responsible for all expenses associated with producing, storing, archiving, and releasing a cast vote record or a collection of ballot images.