Bill protecting election officials, poll workers from threats passes state House committee

A voter fills out a ballot on Nov. 8, 2022, at a polling place in Sioux Falls. (Joshua Haiar/SD Searchlight)

A bill introduced at the request of the Secretary of State’s Office aiming to protect election workers passed the House State Affairs Committee in an 8-5 vote on Monday in Pierre.

The bill would make it a Class 1 misdemeanor if a person directly or indirectly threatens or intimidates an election official or poll worker “with the intent to improperly influence an election.” A Class 1 misdemeanor is punishable by up to one year in jail and up to a $2,000 fine.

Election workers, staff and poll workers across the United States have seen a surge in threats in recent years, according to the MIT Election Data and Science Lab . A poll conducted by the Brennan Center for Justice last year found that 45% of local election workers were concerned for their safety and the safety of other election workers.

In response, 14 states across the country have passed legislation to specifically protect election officials and workers since 2020.

Deputy Secretary of State Tom Deadrick hopes the legislation will strengthen elections and encourage people to volunteer as poll workers. County auditors across the state report that it’s difficult to find volunteers, Deadrick said.

But people who acted as independent poll watchers in recent elections (someone who observes the election process to watch for any election law violations) testified against the bill. The opponents said the bill could discourage people from volunteering as poll watchers and could have unintended consequences if an election worker feels intimidated by a poll watcher’s questioning.

The bill originally contained an emergency provision so it would go into effect immediately after being signed into law and require a two-thirds majority vote in each chamber, but it failed to garner enough votes in the Senate. After removing the emergency provision, the bill passed the Senate 21-12. If it is signed into law, it’ll go into effect on July 1, after the June 4 primary election but before the Nov. 5 general election.

Some lawmakers on the committee expressed concern that the bill would be too broad and redundant after the House and Senate passed a bill making it a Class 2 misdemeanor — which carries lesser penalties than a Class 1 misdemeanor — if anyone “interferes with the duties of poll workers or poll watchers.” That bill heads to the governor’s desk next.

But Deadrick said the option of a stronger criminal penalty is also needed to help election workers feel safe in South Dakota.

“Without election workers, we don’t have elections,” Deadrick said.

The bill heads to the House floor next.

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