Rapid City, S.D. (August 13, 2025) –  The South Dakota Freedom Caucus is calling attention to serious violations involving non-compliant election equipment in Lincoln, Pennington, Davison, and Minnehaha Counties—equipment that may violate South Dakota Codified Laws (SDCL) and compromise election integrity.

Uncertified laptops provided by Election Systems & Software (ES&S) for Election Management Systems (EMS)—including Dell Latitude 5500, 5501, and 5540 models—are not approved by the Election Assistance Commission (EAC) under certifications required by SDCL 12-17B-2. These systems have wireless and Bluetooth capabilities, violating the requirement for “hardened” systems with no internet connectivity, raising serious legal and security concerns.

Invoices and county records given to the Attorney General and Secretary of State show ES&S provided uncertified equipment, failed to notify counties of non-compliance, and in some cases failed to deliver contracted support. This non-compliance spans years, undermining public trust and potentially calling into question the validity of past elections.

Since 2014, Pennington, Davison, Minnehaha, and Lincoln Counties have spent over $3.5 million on these machines, which counted 45% of ballots in the 2024 general election. Statewide spending may approach $8 million—money that could have funded simple, inexpensive, secure, and transparent hand counting at a fraction of the cost.

The Freedom Caucus calls for an immediate investigation into ES&S, a full audit of election equipment statewide, a halt to the use of non-compliant machines, a review of past elections conducted with uncertified systems, and stronger vendor oversight to protect South Dakota’s election integrity.