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Lawmaker behind voter info legislation says Secretary of State to blame, not bill

SDPB
/
Kent Osborne

Following the release of some private information by the Secretary of State’s office, many expect the state to be sued.

The South Dakota Secretary of State’s office recently announced a new law caused a “unintentional disclosure of information.”

That information showed where voters registered, including through public assistance agencies like the Department of Social Services and when applying for SNAP benefits.

It goes against both federal and state law to make this information public.

Krystal Schoenbauer
/
SDPB

In a statement, Secretary of State Monae Johnson said she “takes full responsibility for the release of this information…Upon discovering the issue, we acted immediately to remove the data and prevent further dissemination.

As a result of the data release, a new law called HB 1062 is under scrutiny. The law made the voter registration list available to the public at no cost. Previously, the list was available to the public but at a $2,500 price tag.

Rep. Heather Baxter is the bill’s prime sponsor. In a statement to SDPB, she said the bill shouldn’t have led to this result.

“NOWHERE in HB 1062 does it give permission to release the place of voter registration! In fact, the SOS has been asked to remove the voter registration location since the first voter roll release, with no action! This incident represents a serious misstep by the state, and a clear demonstration of accountability is warranted," Baxter said in the statement.

When asked if more action is expected, Gov. Larry Rhoden’s press secretary Josie Harms said, “We will defer to the Secretary of State.”

Rep. Baxter added she “commend the SOS for the principled action of taking ownership with the mistakes that they made! The legislative intent was particularly clear on HB 1062, leaving no room for misinterpretation, or laws to be broken.”

As for potential lawsuits, Attorney General Marty Jackley’s office said he is appointing lawyers from his office to discuss the matter with the Secretary of State’s Office and legislators.

Jackson Dircks is a Freeburg, Illinois, native. He is pursuing a degree in English, Journalism and Secondary Education at Augustana University and planning to graduate in May 2025. He plans to pursue a career in sports journalism.