Home / State laws / South Dakota
South Dakota HOA and condo electronic voting law
Can a homeowners or condominium association in South Dakota hold its vote online? Here is what state law says and what it means for your board.
Allowed through the nonprofit corporation act
Main law: SDCL 47-23-9.
Reviewed September 16, 2026. A summary of state law, not legal advice. Confirm with your association's attorney before a binding vote.
The rules at a glance
| Legal status | Through the nonprofit corporation act |
|---|---|
| Main statute | SDCL 47-23-9 |
| How electronic voting gets authorized | Email ballot delivery allowed. Electronic return unclear |
| Secret ballot and counting | No state rule found. Check your governing documents. |
| Paper ballot option | State law does not say |
| Ballot retention | State law does not set a period |
No community association statute addresses electronic voting, but the state nonprofit corporation act allows electronic ballots or remote voting for member votes. That path fits associations incorporated as nonprofit corporations. An unincorporated association should confirm its authority with an attorney.
Running a South Dakota vote with VoteStead
Available now, with attorney sign-off
VoteStead runs South Dakota elections with a South Dakota rule pack. Before a binding vote, the board confirms the state's required steps in the admin console. Until VoteStead's review of South Dakota law is complete, a binding vote also needs a sign-off letter from your association's attorney. Test elections run without it.
No VoteStead features are turned off by South Dakota law.
What every VoteStead election includes
- Ballots sealed on the owner's device and stored with no name attached
- A 2-of-3 key split, so nobody opens ballots before voting closes
- Email and text invitations, plus mailed notices with access codes
- Quorum tracking and automatic reminders to owners who have not voted
- A tracker code so each owner confirms their ballot counted
South Dakota questions
Can an HOA or condo association in South Dakota vote online?
Allowed through the nonprofit corporation act. How it gets authorized: Email ballot delivery allowed. Electronic return unclear. Main law: SDCL 47-23-9. Reviewed September 16, 2026. This is a summary, not legal advice.
What are the South Dakota secret ballot and vote counting rules?
The review found no South Dakota statute requiring secret ballots for these votes. Your governing documents may require one. VoteStead seals every ballot so nobody sees how an owner voted.
Do owners in South Dakota keep a paper ballot option?
South Dakota law does not say. VoteStead supports mailed voting notices with access codes, and your association can offer paper ballots to any owner who asks.
How long must a South Dakota association keep ballots?
South Dakota law does not set a period for these ballots. VoteStead keeps sealed ballots for 1 year after voting closes by default.
Is VoteStead available for South Dakota associations?
Yes. VoteStead runs South Dakota elections with a South Dakota rule pack. Features the state does not allow are turned off. Until VoteStead's review of South Dakota law is complete, a binding vote needs a sign-off letter from the association's attorney. Test elections run without it.