January 29, 2025:
(South Dakota Broadcasters Association)— A South Dakota Senate committee has advanced (Jan. 29, 2025) two measures requiring citizenship for voting, including a proposed constitutional amendment.
The Senate State Affairs Committee voted 5-4 to approve Senate Bill 68, which makes it a felony for non-citizens to vote in state elections.
The ACLU of South Dakota opposed SB 68 as unnecessary, noting existing federal and state protections against non-citizen voting.
Several committee members expressed concern about SB 68’s felony penalty.
Committee Chair Senator Jim Mehlhaff of Pierre voted against SB 68 saying he is worried that the bill’s broad language could make felons out of people who violate any voter registration rules.
The Senate State Affairs Committee also passed Senate Joint Resolution 503, adding a citizenship requirement to the state constitution. No opponents testified against SJR 503.
Both measures now head to the full Senate.
January 24, 2025:
The ACLU of South Dakota opposes three bills that state legislators are considering during t he 2025 Legislative Session.
- House Bill 1066 would change South Dakota’s voter residency requirements and would require documentation that the individual maintains residency in the state with an ownership or lease agreement for a residential property. The bill targets voters who are state residents, but may be living and traveling in an RV.
- Senate Bill 48 changes the definition of South Dakota residency for voter registration purposes, requires proof of citizenship to register to vote, and establishes a dual ballot system for voters. This bill would hinder voter registration for people who don’t have documentary proof of citizenship readily available, including newly naturalized citizens or students who recently moved to the state for college. No court has ever upheld a requirement to provide documentation proof of citizenship for voter registration—it’s simply unworkable and stifles voter registration.
Senate Bill 48 also requires county auditors to retain documentation of a voter’s citizenship status, effectively creating a registry of naturalized citizens who are registered to vote in a given precinct. Additionally, the complicated definition of residency in Senate Bill 48 will sow confusion about who is allowed to register to vote and which ballot they are to be given. - Senate Bill 73 would define a person’s principal residence as the physical location where they currently live (and have lived for at least 30 days) in order to get a driver’s license and to conform to voter registration requirements. The bill is intended to create a durational residency requirement for driver’s licenses as a means of enforcing the 30-day residency requirement for voter registration. While matching these requirements is an important correction for consistency, it brings the two requirements farther from the length of time required in South Dakota to establish residency – just one day – without a clear governmental interest to justify the added burden on voters.
Samantha Chapman, ACLU of South Dakota advocacy manager, says, “South Dakotans should not be disqualified from registering to vote simply because of their lifestyle choices. Maybe they’re full-time travelers. Maybe they’re working overseas. It doesn’t matter. If they are considered South Dakota residents, they have the right to vote. And they don’t lose that right just because they use a mail-forwarding service.
South Dakota has been heralded as the freest state in the nation, but restricting access to one of the most fundamental rights we have as Americans – participating in our democracy through voting – strips residents of the freedom to take part in our elections. The ACLU of South Dakota is committed to protecting that.
“Because nothing is more sacred to our democracy than the right to vote, our elected officials should be doing everything they can to encourage people to exercise that right – not making it harder, as these bills would do.”
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