South Dakota 2025 Regular Session

South Dakota House Bill HB1208 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	25.452.20 100th Legislative Session 1208
	1	+	25.452.19 100th Legislative Session 1208
2	2
3	3
4	4		2025 South Dakota Legislature
5	5		House Bill 1208
6		-	ENROLLED
7		-
8		-	AN ACT
9		-
10		-
11		-	ENTITLED An Act to designate an individual using the address of a mail forwarding
12		-	service or post office box when applying to register as a voter or vote by
13		-	absentee ballot as a federal voter.
14		-	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
15		-	Section 1. That § 12-1-4 be AMENDED:
16		-	12-1-4. For the purposes of this title, "resident" means an individual who
17		-	maintains an actual fixed permanent dwelling, establishment, or any other abode where
18		-	the individual lives and usually sleeps, for at least thirty consecutive days. An individual
19		-	who is a resident of this state remains a resident during an absence from this state, if the
20		-	individual intends to return to this state after a period of absence. An individual may only
21		-	be a resident of one place.
22		-	If an individual who is a resident of a county of this state, goes into another county
23		-	of this state or another state or territory for a temporary purpose, the individual remains
24		-	a resident of the county.
25		-	An individual is a resident of the county or municipality of this state in which the
26		-	individual actually lives, if the individual has no present intention of leaving.
27		-	An individual remains a resident of this state until the individual becomes a resident
28		-	of another state or territory. If an individual moves from this state to another state or
29		-	territory with the intention of becoming a resident of that state or territory for any
30		-	purpose, the individual is no longer a resident of this state.
31		-	Section 2. That a NEW SECTION be added to chapter 12-4:
32		-	If an individual applies to register as a voter of this state or to vote by absentee
33		-	ballot, using only the address of a commercial mail receiving agency, mail forwarding
34		-	service, or other post office box as the individual's residence address, without providing a
35		-	description of the location of the individual's habitation, the individual does not meet the 25.452.20 2 1208
36		-	HB1208 ENROLLED
37		-	requirements to be a resident of this state for the purposes of this title, and may be
38		-	registered only as a federal voter. If an individual who does not meet the requirements to
39		-	be a resident of this state is eligible to vote pursuant to this section, the county auditor
40		-	must indicate that the individual is eligible to vote only as a federal voter.
41		-	The county auditor shall prepare a ballot that lists only the names of the candidates
42		-	for United States senator, United States representative, and president and vice president
43		-	of the United States, as certified by the secretary of state pursuant to § 12-8-8, and the
44		-	names of the presidential electors designated for each candidate. The county auditor or
45		-	member of the precinct election board shall provide the ballot to any individual who has
46		-	been designated as a federal voter, by the county auditor.
47		-	For the purposes of this section, "federal voter" means an individual who is eligible
48		-	to vote in elections for presidential electors, United States senator, or United States
49		-	representative at a primary, runoff, special, or general election.
50		-	Section 3. That a NEW SECTION be added to chapter 12-20:
51		-	The ballot of a federal voter, as defined in section 2 of this Act, must be counted
52		-	with the resident voter ballots of the precinct where the federal voter is registered, or in
53		-	an absentee precinct.
54		-	Section 4. This Act is effective beginning January 1, 2026. 25.452.20 3 1208
55		-	HB1208 ENROLLED
56		-	An Act to designate an individual using the address of a mail forwarding service or post office
57		-	box when applying to register as a voter or vote by absentee ballot as a federal voter.
58		-
59		-
60		-
61		-
62		-	I certify that the attached Act originated in
63		-	the:
64		-
65		-	House as Bill No. 1208
66		-
67		-
68		-
69		-	Chief Clerk
70		-
71		-
72		-
73		-
74		-	Speaker of the House
75		-
76		-	Attest:
77		-
78		-
79		-
80		-
81		-	Chief Clerk
82		-
83		-
84		-
85		-
86		-	President of the Senate
87		-
88		-	Attest:
	6	+	SENATE STATE AFFAIRS ENGROSSED
89	7
90	8
91	9
92	10
93	11
94		-	~~Secretary of the Senate~~
	12	+	Introduced by: Representative Kayser
95	13
96		-
97		-
98		-	House Bill No. 1208
99		-	File No. ____
100		-	Chapter No. ______
101		-
102		-
103		-
104		-	Received at this Executive Office
105		-	this _____ day of _____________,
106		-
107		-	2025 at ____________M.
108		-
109		-
110		-
111		-	By
112		-	for the Governor
113		-
114		-
115		-	The attached Act is hereby
116		-	approved this ________ day of
117		-	______________, A.D., 2025
118		-
119		-
120		-
121		-
122		-
123		-	Governor
124		-
125		-	STATE OF SOUTH DAKOTA ,
126		-	ss.
127		-	Office of the Secretary of State
128		-
129		-
130		-	Filed ____________, 2025
131		-	at _________ o'clock __M.
132		-
133		-
134		-
135		-
136		-
137		-	Secretary of State
138		-
139		-
140		-
141		-	By
142		-	Asst. Secretary of State
143		-
144		-
	14	+	Underscores indicate new language.
	15	+	Overstrikes indicate deleted language.
	16	+	An Act to designate an individual using the address of a mail forwarding service or 1
	17	+	post office box when applying to register as a voter or vote by absentee ballot 2
	18	+	as a federal voter. 3
	19	+	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4
	20	+	Section 1. That § 12-1-4 be AMENDED: 5
	21	+	12-1-4. For the purposes of this title, the term, residence, means the place in 6
	22	+	which a person is domiciled as shown by "resident," means an individual who maintains 7
	23	+	an actual fixed permanent dwelling, establishment, or any other abode to which the person 8
	24	+	returns where the individual lives and usually sleeps, for at least thirty consecutive days. 9
	25	+	An individual who is a resident of this state remains a resident during an absence from 10
	26	+	this state, if the individual intends to return to this state after a period of absence. An 11
	27	+	individual may only be a resident of one place. 12
	28	+	A person who leaves the residence and If an individual who is a resident of a county 13
	29	+	of this state, goes into another county of this state or another state or territory for a 14
	30	+	temporary purpose has not changed residence, the individual remains a resident of the 15
	31	+	county. 16
	32	+	A person is considered to have gained residence in any An individual is a resident 17
	33	+	of the county or municipality of this state in which the person individual actually lives, if 18
	34	+	the person individual has no present intention of leaving. 19
	35	+	A person retains residence in An individual remains a resident of this state until 20
	36	+	another residence has been gained. If a person the individual becomes a resident of 21
	37	+	another state or territory. If an individual moves from this state to another state or 22
	38	+	territory with the intention of making it the person's permanent home, the person loses 23
	39	+	residence in this state becoming a resident of that state or territory for any purpose, the 24
	40	+	individual is no longer a resident of this state. 25
	41	+	Section 2. That a NEW SECTION be added to chapter 12-19 12-4: 26 25.452.19 2 1208
	42	+	Underscores indicate new language.
	43	+	Overstrikes indicate deleted language.
	44	+	If an individual applies to register as a voter of this state or to vote by absentee 1
	45	+	ballot, using only the address of a commercial mail receiving agency, mail forwarding 2
	46	+	service, or other post office box as the individual's residence address, without providing a 3
	47	+	description of the location of the individual's habitation, the individual does not meet the 4
	48	+	requirements to be a resident of this state for the purposes of this title, and may be 5
	49	+	registered only as a federal voter. If an individual who does not meet the requirements to 6
	50	+	be a resident of this state is eligible to vote pursuant to this section, the county auditor 7
	51	+	must indicate that the individual is eligible to vote only as a federal voter. 8
	52	+	The county auditor shall prepare a ballot that lists only the names of the candidates 9
	53	+	for United States senator, United States representative, and president and vice president 10
	54	+	of the United States, as certified by the secretary of state pursuant to § 12-8-8, and the 11
	55	+	names of the presidential electors designated for each candidate. The county auditor or 12
	56	+	member of the precinct election board shall provide the ballot to any individual who has 13
	57	+	been designated as a federal voter, by the county auditor. 14
	58	+	For the purposes of this section, "federal voter" means an individual who is eligible 15
	59	+	to vote in elections for presidential electors, United States senator, or United States 16
	60	+	representative at a primary, runoff, special, or general election. 17
	61	+	Section 3. That a NEW SECTION be added to chapter 12-20: 18
	62	+	The ballot of a federal voter, as defined in section 2 of this Act, must be counted 19
	63	+	with the resident voter ballots of the precinct where the federal voter is registered, or in 20
	64	+	an absentee precinct. 21
	65	+	Section 4. This Act is effective beginning January 1, 2026. 22