South Dakota 2025 Regular Session

South Dakota Senate Bill SB48 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25.326.16 100th Legislative Session 48
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4	4	2025 South Dakota Legislature
5	5	Senate Bill 48
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11	11
12	12	Introduced by: The Chair of the Committee on State Affairs at the request of the Secretary of State
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14	14	Underscores indicate new language.
15	15	Overstrikes indicate deleted language.
16	16	An Act to modify provisions pertaining to the registration of voters. 1
17	17	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
18	18	Section 1. That § 12-1-4 be AMENDED: 3
19	19	12-1-4. For the purposes of this title, the term, residence, means the place in 4
20	20	which a person is domiciled as shown by an actual fixed permanent dwelling, 5
21	21	establishment, or any other abode to which the person returns after a period of absence. 6
22	22	A person who leaves the residence and goes into another county of this state or 7
23	23	another state or territory for a temporary purpose has not changed residence. 8
24	24	A person is considered to have gained residence in any county or municipality of 9
25	25	this state in which the person actually lives, if the person has no present intention of 10
26	26	leaving. 11
27	27	A person retains residence in this state until another residence has been gained. If 12
28	28	a person moves from this state to another state or territory with the intention of making 13
29	29	it the person's permanent home, the person loses residence in this state. 14
30	30	For the purposes of this title, "resident" means an individual who: 15
31	31	(1) Has a physical presence in this state; and 16
32	32	(2) Intends to remain in this state for at least thirty days before the election. 17
33	33	An individual who is a resident of this state remains a resident during an absence 18
34	34	from this state if the individual intends to return to this state following the absence. An 19
35	35	individual who is a full-time postsecondary education student or is on active duty as a 20
36	36	member of the armed forces and was a resident of this state immediately prior to leaving 21
37	37	for the postsecondary education or active duty remains a resident of this state. 22
38	38	An individual is a resident of the county or municipality of this state where the 23
39	39	person has a physical presence, if the individual has no present intention of leaving. An 24
40	40	individual who is a resident of a county or municipality of this state remains a resident of 25 25.326.16 2 48
41	41	Underscores indicate new language.
42	42	Overstrikes indicate deleted language.
43	43	the county or municipality during an absence from the county or municipality if the 1
44	44	individual intends to return to the county or municipality following the absence. 2
45	45	An individual may only be a resident of one place. An individual who is a resident 3
46	46	of this state remains a resident until the individual becomes a resident of another state or 4
47	47	territory. If an individual moves from this state to another state or territory with the 5
48	48	intention of becoming a resident of that state or territory, the individual is no longer a 6
49	49	resident of this state. 7
50	50	Section 2. That a NEW SECTION be added to chapter 12-1: 8
51	51	An individual who does not live at a fixed, permanent, or private structure may 9
52	52	register as a voter if the individual has the qualifications of a voter prescribed in § 12-3-10
53	53	1 or 12-3-1.1 and lists on the voter registration form the address for one of the following 11
54	54	locations in this state: 12
55	55	(1) A homeless shelter to which the individual regularly returns; 13
56	56	(2) The place at which the individual is a resident; 14
57	57	(3) The courthouse of the county in which the individual is a resident; or 15
58	58	(4) A general delivery address for a post office covering the location where the 16
59	59	individual is a resident. 17
60	60	An individual who is otherwise qualified to register as a voter may not be refused 18
61	61	registration or declared unqualified to vote because the individual does not live in a fixed, 19
62	62	permanent, or private structure. 20
63	63	Section 3. That § 12-4-1 be AMENDED: 21
64	64	12-4-1. A person who maintains residence, as provided in § 12-1-4, within the 22
65	65	state for at least thirty days prior to submitting the registration form, and who has An 23
66	66	individual who is or will be a resident of this state and has or will have the qualifications 24
67	67	of a voter prescribed by § 12-3-1 or 12-3-1.1, or who will have such qualifications at the 25
68	68	next ensuing municipal, county, primary, general, or school district election, is entitled to 26
69	69	be registered as a voter in the election precinct in which the person maintains residence 27
70	70	where the individual is a resident. 28
71	71	A person An individual who is eligible to vote may vote only in the election precinct 29
72	72	where the person maintains residence individual is a resident. 30
73	73	Section 4. That § 12-4-1.2 be AMENDED: 31 25.326.16 3 48
74	74	Underscores indicate new language.
75	75	Overstrikes indicate deleted language.
76	76	12-4-1.2. The voter registration form must include a certification of voter eligibility 1
77	77	by which the applicant attests, under the penalty of perjury, that the applicant: 2
78	78	(1) Is a citizen of the United States; 3
79	79	(2) Will be eighteen years or older on or before the next election; 4
80	80	(3) Has maintained residence in South Dakota for at least thirty days prior to 5
81	81	submitting the registration formIs or will be a resident of this state by having lived 6
82	82	in this state and intending to remain in this state for at least thirty days before the 7
83	83	next election; 8
84	84	(4) Has not been judged mentally incompetent; 9
85	85	(5) Is not currently serving a sentence for a felony conviction; and 10
86	86	(6) Authorizes the cancellation of a previous registration, if applicable. 11
87	87	Section 5. That a NEW SECTION be added to chapter 12-4: 12
88	88	Any individual who applies to register as a voter must provide documentation 13
89	89	demonstrating that the individual is a citizen of the United States. The county auditor must 14
90	90	reject any application that does not include the documentation. An individual may provide: 15
91	91	(1) The number of the individual's driver license or nondriver identification card, 16
92	92	provided that: 17
93	93	(a) The driver license or nondriver identification card was issued by this state 18
94	94	or another state or territory of the United States after September 30, 1996; 19
95	95	and 20
96	96	(b) The driver license or nondriver identification card indicates that the 21
97	97	individual has provided documentation demonstrating that the individual is 22
98	98	a citizen of the United States; 23
99	99	(2) A legible photocopy of the individual's birth certificate; 24
100	100	(3) A legible photocopy of the pages of the individual's United States passport that 25
101	101	show the individual's: 26
102	102	(a) Name; 27
103	103	(b) Photograph; and 28
104	104	(c) Passport number; 29
105	105	(4) A legible photocopy of the individual's United States naturalization documents; 30
106	106	(5) The number of the individual's certificate of naturalization; 31
107	107	(6) Any other document or method of proof of citizenship that has been established 32
108	108	pursuant to the Immigration Reform and Control Act of 1986, 8 U.S.C. §§ 1101 et 33
109	109	seq. (January 1, 2025); or 34 25.326.16 4 48
110	110	Underscores indicate new language.
111	111	Overstrikes indicate deleted language.
112	112	(7) The individual's Bureau of Indian Affairs card number, tribal treaty card number, 1
113	113	tribal identification card number, or tribal enrollment number. 2
114	114	An individual who provides only the number of the individual's certificate of 3
115	115	naturalization may not be included in the voter registration file until the county auditor 4
116	116	verifies the number on the certificate of naturalization with the United States Citizenship 5
117	117	and Immigration Services. The county auditor shall inform the individual applying to 6
118	118	register as a voter that the documentation provided by the individual is retained as a part 7
119	119	of the individual's permanent voter file. 8
120	120	An individual who is registered to vote prior to July 1, 2025, is deemed to have 9
121	121	provided satisfactory evidence of citizenship, and is not required to submit documentation 10
122	122	demonstrating citizenship. An individual who changes the individual's address pursuant to 11
123	123	§ 12-4-15 is not required to submit documentation demonstrating citizenship. 12
124	124	Proof of voter registration in another state or territory is not sufficient to 13
125	125	demonstrate that an individual is a citizen of the United States. 14
126	126	Section 6. That a NEW SECTION be added to chapter 12-4: 15
127	127	An individual who has moved to another state or territory with the intention of 16
128	128	becoming a resident of that state or territory may vote in a presidential election held in 17
129	129	this state if: 18
130	130	(1) The individual was registered as a voter in a precinct in this state; and 19
131	131	(2) The individual has begun residing in the other state or territory with insufficient 20
132	132	time to meet the requirements to register as a voter of that state or territory. 21
133	133	Any individual who is eligible to vote pursuant to this section may only vote in a 22
134	134	presidential election and may not vote for any other office or ballot question on the ballot 23
135	135	at the election. An individual who is eligible to vote pursuant to this section must indicate 24
136	136	when applying for an absentee ballot that the individual is eligible to vote in only the 25
137	137	presidential election. 26
138	138	The county auditor shall prepare a ballot that lists only the names of the candidates 27
139	139	for President and Vice President of the United States certified by the secretary of state, 28
140	140	pursuant to § 12-8-8, and the names of the presidential electors designated for each 29
141	141	candidate. The county auditor shall send the ballot to any individual who indicates on the 30
142	142	application for an absentee ballot that the individual is eligible to vote in only the 31
143	143	presidential election. 32
144	144	Upon the completion of the election, the county auditor shall promptly cancel the 33
145	145	voter registration of any individual who casts a vote pursuant to this section. 34 25.326.16 5 48
146	146	Underscores indicate new language.
147	147	Overstrikes indicate deleted language.
148	148	Section 7. That § 12-4-5 be AMENDED: 1
149	149	12-4-5. The county auditor shall enter in the master registration file the name of 2
150	150	each eligible person whose completed application for registration and mail registration 3
151	151	card is received no later than 5:00 five p.m. local time at least fifteen thirty days preceding 4
152	152	the election by the county auditor or the local, state, or federal agency responsible for 5
153	153	conducting voter registration under this chapter. A voter registration completed at any 6
154	154	local, state, or federal agency during any week commencing on Tuesday through the 7
155	155	following Monday shall must be sent to the appropriate county auditor by the agency 8
156	156	receiving the registration or mail registration card no later than the following Wednesday. 9
157	157	The State Board of Elections may promulgate rules, pursuant to chapter 1-26, for 10
158	158	the alternative transmission of voter registration information by computer from the agency 11
159	159	to the secretary of state. 12
160	160	The name of any voter who has registered to vote by 5:00 five p.m. local time 13
161	161	fifteen thirty days preceding a runoff election shall must be added to the file used for the 14
162	162	runoff election. 15
163	163	Section 8. That § 12-4-9 be AMENDED: 16
164	164	12-4-9. The county auditor shall maintain and safeguard a file of voters in 17
165	165	computer format that contains the information of each person registered in each voting 18
166	166	precinct within the county. This file shall be known as the master registration file and shall 19
167	167	be, at all times during office hours, open to public inspection. However, public access to 20
168	168	social security numbers, driver license numbers, and dates of birth contained in the master 21
169	169	registration file is prohibited. The master registration file shall contain all information from 22
170	170	each voter's registration card. The master registration file shall also include the date of 23
171	171	the last election the voter has voted in and when the voter's information was last updated. 24
172	172	The master registration file may also contain additional voter history information. Any 25
173	173	digital master registration file that contains: 26
174	174	(1) The information from the voter registration card of each individual registered to 27
175	175	vote in the county; 28
176	176	(2) The documentation presented by each individual, pursuant to section 5 of this Act, 29
177	177	to demonstrate that the individual is a citizen of the United States; 30
178	178	(3) The date on which the individual's voter information was last updated; and 31
179	179	(4) Additional voter history information. 32 25.326.16 6 48
180	180	Underscores indicate new language.
181	181	Overstrikes indicate deleted language.
182	182	The master registration file must be open to public inspection. An individual's social 1
183	183	security number, driver license number, South Dakota nondriver identification number, 2
184	184	date of birth, or any documentation provided to demonstrate citizenship is not open to 3
185	185	public inspection. 4
186	186	The county auditor shall keep any voter registration form for a purged or 5
187	187	unregistered voter shall be kept for twenty-two months. No purged or unregistered voter 6
188	188	may be included in the master registration file. 7
189	189	Section 9. That § 12-4-12 be AMENDED: 8
190	190	12-4-12. Any new registrant previously registered elsewhere shall be required to 9
191	191	sign an authorization which shall be forwarded by the registration official to the auditor of 10
192	192	the county of former registration, or other appropriate registration official, who shall 11
193	193	remove the registrant's name from the registration fileIf an individual applying to register 12
194	194	as a voter was previously registered as a voter in another precinct, the individual must 13
195	195	sign a statement authorizing the appropriate registration official having jurisdiction over 14
196	196	the precinct where the individual was previously registered to remove the individual from 15
197	197	the voter registration file of that jurisdiction. Upon receipt of the completed voter 16
198	198	registration application, the county auditor shall forward a copy of the statement to the 17
199	199	registration official. 18