Changes to Existing Law

26.776.18 26.776.19 101st Legislative Session 175 2026 South Dakota Legislature Senate Bill 175 SENATE STATE AFFAIRS ENGROSSED Introduced by: Senator Carley Underscores indicate new language. Overstrikes indicate deleted language. An Act to require that an individual provide proof of citizenship when registering to 1 vote using the voter registration form prescribed by the State Board of and to declare an emergency. 2 Elections. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 4 3 Section 1. That § 12-4-1 be AMENDED: 5 4 12-4-1. An individual who is a resident of this state, as defined in § 12-1-4, and 6 5 has or will have the qualifications of a voter prescribed by § 12-3-1 or 12-3-1.1 at the 7 6 next ensuing municipal, primary, general, or school district election, is entitled to be 8 7 registered as a voter in the election precinct in which the person maintains residenceAn 9 8 individual is entitled to register as a voter of this state if the individual: 10 9 (1) Is a citizen of the United States and has provided sufficient evidence, as set forth 11 10 in section 2 of this Act, to demonstrate the individual's citizenship; 12 11 (2) Is a resident, as defined in § 12-1-4, of the precinct in which the individual is 13 12 registering as a voter; 14 13 (3) On or before the next election, is at least eighteen years of age; and 15 14 (4) Is not otherwise disqualified from voting. 16 15 An individual eligible to vote may vote only in the election precinct where the 17 16 person maintains residence the individual is a resident. 18 17 An individual who is a resident of a place that is within the boundaries of this state, 19 18 which has been ceded to or acquired by the federal government, may not be denied the 20 19 right to vote in any election held in the precinct where the individual is a resident if the 21 20 individual is otherwise qualified to vote in the election. 22 21 Section 2. That § 12-4-1.3 be AMENDED: 23 22 12-4-1.3. If an individual applies to register as a voter of this state or to vote by 24 23 absentee ballot, using only the address of a commercial mail receiving agency, mail 25 26.776.18 2 175 Underscores indicate new language. Overstrikes indicate deleted language. 24 forwarding service, or other post office box as the individual's residence address, without 1 25 26.776.19 2 175 Underscores indicate new language. Overstrikes indicate deleted language. providing a description of the location of the individual's habitation, the individual does 2 1 not meet the requirements to be a resident of this state for the purposes of this title, and 3 2 may be registered only as a federal voter. If an individual who does not meet the 4 3 requirements to be a resident of this state is eligible to vote pursuant to this section, the 5 4 county auditor must indicate that the individual is eligible to vote only as a federal voter.A 6 5 county auditor must designate an individual as a federal voter if: 7 6 (1) At the time the individual applies to register as a voter or to vote by absentee 8 7 ballot, the individual provides only the address of a commercial mail receiving 9 8 agency, mail forwarding service, or other post office box as the address where the 10 9 individual is a resident, without providing a description of the location of the 11 10 individual's habitation; or 12 11 (2) The individual applies to register as a voter and does not provide any 13 12 documentation demonstrating that the individual is a United States citizen. citizen, 13 provided that the individual is not already registered as a voter of another county 14 of this state. 15 The county auditor shall prepare a ballot that lists only the names of the candidates 15 16 for United States senator, United States representative, and president and vice president 16 17 of the United States, as certified by the secretary of state pursuant to § 12-8-8, and the 17 18 names of the presidential electors designated for each candidate. The county auditor or 18 19 member of the precinct election board shall provide the ballot to any individual who has 19 20 been designated as a federal voter, by the county auditor. 20 21 For the purposes of this section, "federal voter" means an individual who is eligible 21 22 to vote in elections for presidential electors, United States senator, or United States 22 23 representative at a primary, runoff, special, or general election. 23 24 Section 3. That a NEW SECTION be added to chapter 12-4: 24 25 Any individual applying to register as a voter shall provide documentation, along 25 26 with the application, to demonstrate that the individual is a United States citizen. The 26 27 individual shall present: 27 28 (1) The individual's South Dakota driver license or nondriver identification card, 28 29 provided that the license or identification card was issued after July 1, 2025, and 29 30 indicates that the individual has provided sufficient documentation to demonstrate 30 31 that the individual is a United States citizen; 31 32 (2) A valid driver license or nondriver identification card issued by any other state or 32 33 territory of the United States, provided that the license or identification card 33 26.776.18 34 26.776.19 3 175 Underscores indicate new language. Overstrikes indicate deleted language. indicates that the individual has provided sufficient documentation to demonstrate 1 that the individual is a United States citizen; 2 (3) The individual's tribal identification card; or 3 (4) A legible photocopy of: 4 (a) The individual's birth certificate; 5 (b) The pages of the individual's United States passport, which identify the 6 applicant and show the individual's passport number; or 7 (c) A consular report of birth abroad issued by the United States Department 8 of State for the individual; 9 (d) The individual's certificate of naturalization. 8 naturalization; or 10 (e) Any other type of acceptable documentary evidence of citizenship permitted 11 under 42 C.F.R. § 436.407 (January 1, 2026). 12 If an individual provides a copy of the individual's certificate of naturalization, the 9 13 county auditor must verify the number of the certificate of naturalization with the United 10 14 States Immigration and Naturalization Service. 11 15 Section 4. That a NEW SECTION be added to chapter 12-4: 12 Except as otherwise provided by this section, any individual is deemed to have 13 provided satisfactory documentation demonstrating the individual's citizenship and is not 14 required to resubmit documentation demonstrating the individual's citizenship if the 15 individual is registered as a voter on or before July 1, 2026. 16 If an individual who is registered as a voter of this state registers as a voter of 17 another county within this state, the individual must provide documentation 18 demonstrating the individual's citizenship. 19 Section 5. That § 34-10-7 be AMENDED: 20 16 34-10-7. Any person qualified as an elector under § 12-3-1 and resident of the 21 17 proposed hospital district shall be entitled to vote.An individual is entitled to vote at an 22 18 election conducted in a proposed hospital district if the individual is registered as a voter, 23 19 pursuant to chapter 12-4, and is a resident of the proposed hospital district. 24 20 Section 6. 5. That § 12-3-1 be REPEALED. 25 21 An individual may vote at an election in this state only if, at the time of the election, 26 22 the individual: 27 23 (1) Is a citizen of the United States; 28 24 (2) Maintains residence in this state, as defined in § 12-1-4; 29 25 (3) Is at least eighteen years of age; 30 26 (4) Is not otherwise disqualified; and 31 26.776.18 4 175 Underscores indicate new language. Overstrikes indicate deleted language. 27 (5) Complies with the law regarding the registration of voters, pursuant to chapter 12-1 12-28 4. 2 29 Section 7. 6. That § 12-3-1.1 be REPEALED. 3 30 26.776.19 4 175 Underscores indicate new language. Overstrikes indicate deleted language. No person residing on an area within the boundaries of this state which has been 4 1 ceded to, or acquired by, the federal government shall be denied the right to vote in 5 2 elections of this state or of the county, municipality, school district, or special district 6 3 wherein such area lies if such person is otherwise qualified to vote in such election or 4 elections. 5 Section 7. Whereas, this Act is necessary for the immediate preservation of the public peace, 6 health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force 7 elections. and effect from and after its passage and approval. 8

26.776.19 26.776.20 101st Legislative Session 175 2026 South Dakota Legislature Senate Bill 175 SENATE STATE AFFAIRS ENGROSSED Introduced by: Senator Carley Underscores indicate new language. Overstrikes indicate deleted language. An Act to require that an individual provide proof of citizenship when registering to 1 vote and to declare an emergency. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 12-4-1 be AMENDED: 4 12-4-1. An individual who is a resident of this state, as defined in § 12-1-4, and 5 has or will have the qualifications of a voter prescribed by § 12-3-1 or 12-3-1.1 at the 6 next ensuing municipal, primary, general, or school district election, is entitled to be 7 registered as a voter in the election precinct in which the person maintains residenceAn 8 individual is entitled to register as a voter of this state if the individual: 9 (1) Is a citizen of the United States and has provided sufficient evidence, as set forth 10 in section 2 3 of this Act, to demonstrate the individual's citizenship; 11 (2) Is a resident, as defined in § 12-1-4, of the precinct in which the individual is 12 registering as a voter; 13 (3) On or before the next election, is at least eighteen years of age; and 14 (4) Is not otherwise disqualified from voting. 15 An individual eligible to vote may vote only in the election precinct where the 16 person maintains residence the individual is a resident. 17 An individual who is a resident of a place that is within the boundaries of this state, 18 which has been ceded to or acquired by the federal government, may not be denied the 19 right to vote in any election held in the precinct where the individual is a resident if the 20 individual is otherwise qualified to vote in the election. 21 Section 2. That § 12-4-1.3 be AMENDED: 22 12-4-1.3. If an individual applies to register as a voter of this state or to vote by 23 absentee ballot, using only the address of a commercial mail receiving agency, mail 24 forwarding service, or other post office box as the individual's residence address, without 25 26.776.19 26.776.20 2 175 Underscores indicate new language. Overstrikes indicate deleted language. providing a description of the location of the individual's habitation, the individual does 1 not meet the requirements to be a resident of this state for the purposes of this title, and 2 may be registered only as a federal voter. If an individual who does not meet the 3 requirements to be a resident of this state is eligible to vote pursuant to this section, the 4 county auditor must indicate that the individual is eligible to vote only as a federal voter.A 5 county auditor must designate an individual as a federal voter if: 6 (1) At the time the individual applies to register as a voter or to vote by absentee 7 ballot, the individual provides only the address of a commercial mail receiving 8 agency, mail forwarding service, or other post office box as the address where the 9 individual is a resident, without providing a description of the location of the 10 individual's habitation; or 11 (2) The individual applies to register as a voter and does not provide any 12 documentation demonstrating that the individual is a United States citizen, 13 provided that the individual is not already registered as a voter of another county 14 of this state. 15 14 The county auditor shall prepare a ballot that lists only the names of the candidates 16 15 for United States senator, United States representative, and president and vice president 17 16 of the United States, as certified by the secretary of state pursuant to § 12-8-8, and the 18 17 names of the presidential electors designated for each candidate. The county auditor or 19 18 member of the precinct election board shall provide the ballot to any individual who has 20 19 been designated as a federal voter, by the county auditor. 21 20 For the purposes of this section, "federal voter" means an individual who is eligible 22 21 to vote in elections for presidential electors, United States senator, or United States 23 22 representative at a primary, runoff, special, or general election. 24 23 Section 3. That a NEW SECTION be added to chapter 12-4: 25 24 Any individual applying to register as a voter shall provide documentation, along 26 25 with the application, to demonstrate that the individual is a United States citizen. The 27 26 individual shall present: 28 27 (1) The individual's South Dakota driver license or nondriver identification card, 29 28 provided that the license or identification card was issued after July 1, 2025, and 30 29 indicates that the individual has provided sufficient documentation to demonstrate 31 30 that the individual is a United States citizen; 32 31 (2) A valid driver license or nondriver identification card issued by any other state or 33 32 territory of the United States, provided that the license or identification card 34 26.776.19 33 26.776.20 3 175 Underscores indicate new language. Overstrikes indicate deleted language. indicates that the individual has provided sufficient documentation to demonstrate 1 that the individual is a United States citizen; 2 (3) The individual's tribal identification card; or 3 (4) A legible photocopy of: 4 (a) The individual's birth certificate; 5 (b) The pages of the individual's United States passport, which identify the 6 applicant and show the individual's passport number; 7 (c) A consular report of birth abroad issued by the United States Department 8 of State for the individual; 9 (d) The individual's certificate of naturalization; or 10 (e) Any other type of acceptable documentary evidence of citizenship permitted 11 under 42 C.F.R. § 436.407 (January 1, 2026). 12 If an individual provides a copy of the individual's certificate of naturalization, the 13 county auditor must verify the number of the certificate of naturalization with the United 14 States Immigration and Naturalization Service. 15 Section 4. That § 34-10-7 be AMENDED: 16 34-10-7. Any person qualified as an elector under § 12-3-1 and resident of the 17 proposed hospital district shall be entitled to vote.An individual is entitled to vote at an 18 election conducted in a proposed hospital district if the individual is registered as a voter, 19 pursuant to chapter 12-4, and is a resident of the proposed hospital district. 20 Section 5. That § 12-3-1 be REPEALED. 21 An individual may vote at an election in this state only if, at the time of the election, 22 the individual: 23 (1) Is a citizen of the United States; 24 (2) Maintains residence in this state, as defined in § 12-1-4; 25 (3) Is at least eighteen years of age; 26 (4) Is not otherwise disqualified; and 27 (5) Complies with the law regarding the registration of voters, pursuant to chapter 12-28 4. 29 Section 6. That § 12-3-1.1 be REPEALED. 30 26.776.19 26.776.20 4 175 Underscores indicate new language. Overstrikes indicate deleted language. No person residing on an area within the boundaries of this state which has been 1 ceded to, or acquired by, the federal government shall be denied the right to vote in 2 elections of this state or of the county, municipality, school district, or special district 3 wherein such area lies if such person is otherwise qualified to vote in such election or 4 elections. 5 Section 7. Whereas, this Act is necessary for the immediate preservation of the public peace, 6 health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force 7 and effect from and after its passage and approval. 8

26.776.20 26.776.21 101st Legislative Session 175 2026 South Dakota Legislature Senate Bill 175 SENATE ENGROSSED Introduced by: Senator Carley Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to require that an individual provide proof of citizenship when registering to 1 vote and to declare an emergency. 2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 Section 1. That § 12-4-1 be AMENDED: 4 12-4-1. An individual who is a resident of this state, as defined in § 12-1-4, and 5 has or will have the qualifications of a voter prescribed by § 12-3-1 or 12-3-1.1 at the 6 next ensuing municipal, primary, general, or school district election, is entitled to be 7 registered as a voter in the election precinct in which the person maintains residenceAn 8 individual is entitled to register as a voter of this state if the individual: 9 (1) Is a citizen of the United States and has provided sufficient evidence, as set forth 10 in section 3 of this Act, to demonstrate the individual's citizenship; 11 (2) Is a resident, as defined in § 12-1-4, of the precinct in which the individual is 12 registering as a voter; 13 (3) On or before the next election, is at least eighteen years of age; and 14 (4) Is not otherwise disqualified from voting. 15 An individual eligible to vote may vote only in the election precinct where the 16 person maintains residence the individual is a resident. 17 An individual who is a resident of a place that is within the boundaries of this state, 18 which has been ceded to or acquired by the federal government, may not be denied the 19 right to vote in any election held in the precinct where the individual is a resident if the 20 individual is otherwise qualified to vote in the election. 21 Section 2. That § 12-4-1.3 be AMENDED: 22 12-4-1.3. If an individual applies to register as a voter of this state or to vote by 23 absentee ballot, using only the address of a commercial mail receiving agency, mail 24 forwarding service, or other post office box as the individual's residence address, without 25 26.776.20 2 175 Underscores indicate new language. Overstrikes indicate deleted language. providing a description of the location of the individual's habitation, the individual does 1 not meet the requirements to be a resident of this state for the purposes of this title, and 2 may be registered only as a federal voter. If an individual who does not meet the 3 requirements to be a resident of this state is eligible to vote pursuant to this section, the 4 county auditor must indicate that the individual is eligible to vote only as a federal voter.A 5 A county auditor must designate an individual as a federal voter if: 6 (1) At the time the individual applies to register as a voter or to vote by absentee 7 ballot, the individual provides only the address of a commercial mail receiving 8 agency, mail forwarding service, or other post office box as the address where the 9 individual is a resident, without providing a description of the location of the 10 individual's habitation; or 11 26.776.21 2 175 SB175 ENROLLED (2) The individual applies to register as a voter and does not provide any 12 documentation demonstrating that the individual is a United States citizen, 13 provided that the individual is not already registered as a voter of this state. 14 The county auditor shall prepare a ballot that lists only the names of the candidates 15 for United States senator, United States representative, and president and vice president 16 of the United States, as certified by the secretary of state pursuant to § 12-8-8, and the 17 names of the presidential electors designated for each candidate. The county auditor or 18 member of the precinct election board shall provide the ballot to any individual who has 19 been designated as a federal voter, by the county auditor. 20 voter. For the purposes of this section, "federal voter" means an individual who is eligible 21 to vote in elections for presidential electors, United States senator, or United States 22 representative at a primary, runoff, special, or general election. 23 Section 3. That a NEW SECTION be added to chapter 12-4: 24 Any individual applying to register as a voter shall provide documentation, along 25 with the application, to demonstrate that the individual is a United States citizen. The 26 individual shall present: 27 (1) The individual's South Dakota driver license or nondriver identification card, 28 provided that the license or identification card was issued after July 1, 2025, and 29 indicates that the individual has provided sufficient documentation to demonstrate 30 that the individual is a United States citizen; 31 (2) A valid driver license or nondriver identification card issued by any other state or 32 territory of the United States, provided that the license or identification card 33 26.776.20 3 175 Underscores indicate new language. Overstrikes indicate deleted language. indicates that the individual has provided sufficient documentation to demonstrate 1 that the individual is a United States citizen; 2 (3) The individual's tribal identification card; or 3 (4) A legible photocopy of: 4 (a) The individual's birth certificate; 5 (b) The pages of the individual's United States passport, which identify the 6 applicant and show the individual's passport number; 7 (c) A consular report of birth abroad issued by the United States Department 8 of State for the individual; 9 (d) The individual's certificate of naturalization; or 10 (e) Any other type of acceptable documentary evidence of citizenship permitted 11 under 42 C.F.R. § 436.407 (January 1, 2026). 12 26.776.21 3 175 SB175 ENROLLED If an individual provides a copy of the individual's certificate of naturalization, the 13 county auditor must verify the number of the certificate of naturalization with the United 14 States Immigration and Naturalization Service. 15 Section 4. That § 34-10-7 be AMENDED: 16 34-10-7. Any person qualified as an elector under § 12-3-1 and resident of the 17 proposed hospital district shall be entitled to vote.An An individual is entitled to vote at an 18 election conducted in a proposed hospital district if the individual is registered as a voter, 19 pursuant to chapter 12-4, and is a resident of the proposed hospital district. 20 Section 5. That § 12-3-1 be REPEALED. 21 An individual may vote at an election in this state only if, at the time of the election, 22 the individual: 23 (1) Is a citizen of the United States; 24 (2) Maintains residence in this state, as defined in § 12-1-4; 25 (3) Is at least eighteen years of age; 26 (4) Is not otherwise disqualified; and 27 (5) Complies with the law regarding the registration of voters, pursuant to chapter 12-28 4. 29 Section 6. That § 12-3-1.1 be REPEALED. 30 26.776.20 4 175 Underscores indicate new language. Overstrikes indicate deleted language. No person residing on an area within the boundaries of this state which has been 1 ceded to, or acquired by, the federal government shall be denied the right to vote in 2 elections of this state or of the county, municipality, school district, or special district 3 wherein such area lies if such person is otherwise qualified to vote in such election or 4 elections. 5 Section 7. Whereas, this Act is necessary for the immediate preservation of the public peace, 6 health, or safety, an emergency is hereby declared to exist, and this Act shall be in full force 7 and effect from and after its passage and approval. 8 26.776.21 4 175 SB175 ENROLLED An Act to require that an individual provide proof of citizenship when registering to vote and to declare an emergency. I certify that the attached Act originated in the: Senate as Bill No. 175 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk of the House Senate Bill No. 175 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State