South Dakota 2025 2025 Regular Session

South Dakota House Bill HB1066 Comm Sub / Bill

Filed 03/04/2025

                    25.382.19 	100th Legislative Session 	1066 
 
 
2025 South Dakota Legislature 
House Bill 1066 
SENATE STATE AFFAIRS ENGROSSED 
 
  
  
 
 
Introduced by: Representative Kayser 
 
  	Underscores indicate new language. 
  Overstrikes indicate deleted language. 
An Act to revise residency requirements for the purposes of voter registration. 1 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 
Section 1. That § 12-1-4 be AMENDED: 3 
12-1-4. For the purposes of this title, the term, residence, "resident" means the 4 
place in which a person is domiciled as shown by an individual who maintains an actual 5 
fixed permanent dwelling, establishment, or any other abode where the individual lives 6 
and usually sleeps to which the person returns for at least thirty consecutive days. An 7 
individual who is a resident of this state remains a resident during an absence from this 8 
state, if the individual intends to return to this state after a period of absence. An individual 9 
may only be a resident of one place. 10 
A person who leaves the residence andIf an individual who is a resident of a county 11 
of this state, goes into another county of this state or another state or territory for a 12 
temporary purpose has not changed residence, the individual remains a resident of the 13 
county. 14 
A person An individual is considered to have gained residence in any be a resident 15 
of the county or municipality of this state in which the person individual actually lives, if 16 
the person individual has no present intention of leaving. 17 
A person An individual retains residence in remains a resident of this state until 18 
another residence has been gained the individual becomes a resident of another state. If 19 
a person an individual moves from this state to another state or territory with the intention 20 
of making it the person's permanent home, the person becoming a resident of that state 21 
or territory for any purpose, the individual loses residence in is no longer a resident this 22 
state. 23 
Section 2. That § 12-4-1 be AMENDED: 24  25.382.19 	2 	1066 
  	Underscores indicate new language. 
  Overstrikes indicate deleted language. 
12-4-1. A person An individual who maintains residence, as provided in is a 1 
resident of this state, as defined in § 12-1-4, within the state for at least thirty days prior 2 
to submitting the registration form, and who has or will have the qualifications of a voter 3 
prescribed by § 12-3-1 or 12-3-1.1, or who will have such qualifications at the next 4 
ensuing municipal, primary, general, or school district election, is entitled to be registered 5 
as a voter in the election precinct in which the person maintains residence. 6 
A person An individual eligible to vote may vote only in the election precinct where 7 
the person maintains residence. 8 
Section 3. That § 12-4-1.2 be AMENDED: 9 
12-4-1.2. The voter registration form must include a certification of voter eligibility 10 
by which the applicant attests, under the penalty of perjury, that the applicant: 11 
(1) Is a citizen of the United States; 12 
(2) Will be eighteen years or older on or before the next election; 13 
(3) Has maintained residence in South Dakota for at least thirty days prior to 14 
submitting the registration form Is a resident of the state of South Dakota; 15 
(4) Has not been judged mentally incompetent; 16 
(5) Is not currently serving a sentence for a felony conviction; and 17 
(6) Authorizes the cancellation of a previous registration, if applicable. 18