25.452.20 100th Legislative Session 1208
2025 South Dakota Legislature
House Bill 1208
ENROLLED
AN ACT
ENTITLED An Act to designate an individual using the address of a mail forwarding
service or post office box when applying to register as a voter or vote by
absentee ballot as a federal voter.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-1-4 be AMENDED:
12-1-4. For the purposes of this title, "resident" means an individual who
maintains an actual fixed permanent dwelling, establishment, or any other abode where
the individual lives and usually sleeps, for at least thirty consecutive days. An individual
who is a resident of this state remains a resident during an absence from this state, if the
individual intends to return to this state after a period of absence. An individual may only
be a resident of one place.
If an individual who is a resident of a county of this state, goes into another county
of this state or another state or territory for a temporary purpose, the individual remains
a resident of the county.
An individual is a resident of the county or municipality of this state in which the
individual actually lives, if the individual has no present intention of leaving.
An individual remains a resident of this state until the individual becomes a resident
of another state or territory. If an individual moves from this state to another state or
territory with the intention of becoming a resident of that state or territory for any
purpose, the individual is no longer a resident of this state.
Section 2. That a NEW SECTION be added to chapter 12-4:
If an individual applies to register as a voter of this state or to vote by absentee
ballot, using only the address of a commercial mail receiving agency, mail forwarding
service, or other post office box as the individual's residence address, without providing a
description of the location of the individual's habitation, the individual does not meet the 25.452.20 2 1208
HB1208 ENROLLED
requirements to be a resident of this state for the purposes of this title, and may be
registered only as a federal voter. If an individual who does not meet the requirements to
be a resident of this state is eligible to vote pursuant to this section, the county auditor
must indicate that the individual is eligible to vote only as a federal voter.
The county auditor shall prepare a ballot that lists only the names of the candidates
for United States senator, United States representative, and president and vice president
of the United States, as certified by the secretary of state pursuant to § 12-8-8, and the
names of the presidential electors designated for each candidate. The county auditor or
member of the precinct election board shall provide the ballot to any individual who has
been designated as a federal voter, by the county auditor.
For the purposes of this section, "federal voter" means an individual who is eligible
to vote in elections for presidential electors, United States senator, or United States
representative at a primary, runoff, special, or general election.
Section 3. That a NEW SECTION be added to chapter 12-20:
The ballot of a federal voter, as defined in section 2 of this Act, must be counted
with the resident voter ballots of the precinct where the federal voter is registered, or in
an absentee precinct.
Section 4. This Act is effective beginning January 1, 2026. 25.452.20 3 1208
HB1208 ENROLLED
An Act to designate an individual using the address of a mail forwarding service or post office
box when applying to register as a voter or vote by absentee ballot as a federal voter.
I certify that the attached Act originated in
the:
House as Bill No. 1208
Chief Clerk
Speaker of the House
Attest:
Chief Clerk
President of the Senate
Attest:
Secretary of the Senate
House Bill No. 1208
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2025 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2025
Governor
STATE OF SOUTH DAKOTA ,
ss.
Office of the Secretary of State
Filed ____________, 2025
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State