25.382.20 100th Legislative Session 1066
ENROLLED
An Act
ENTITLED An Act to revise residency requirements for the purposes of voter registration.
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 considered to be 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. 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 this state.
Section 2. That § 12-4-1 be AMENDED:
12-4-1. An individual who is a resident of this state, as defined in § 12-1-4, and has or will have the qualifications of a voter prescribed by § 12-3-1 or 12-3-1.1 at the next ensuing municipal, primary, general, or school district election, is entitled to be registered as a voter in the election precinct in which the person maintains residence.
An individual eligible to vote may vote only in the election precinct where the person maintains residence.
Section 3. That § 12-4-1.2 be AMENDED:
12-4-1.2. The voter registration form must include a certification of voter eligibility by which the applicant attests, under the penalty of perjury, that the applicant:
(1) Is a citizen of the United States;
(2) Will be eighteen years or older on or before the next election;
(3) Is a resident of the state of South Dakota;
(4) Has not been judged mentally incompetent;
(5) Is not currently serving a sentence for a felony conviction; and
(6) Authorizes the cancellation of a previous registration, if applicable.
An Act to revise residency requirements for the purposes of voter registration.
I certify that the attached Act originated in the:
Chief Clerk
Speaker of the House
Attest:
Chief Clerk
President of the Senate
Attest:
Secretary of the Senate
File No. ____ Chapter No. ______
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Received at this Executive Office this _____ day of _____________,
2025 at ____________M.
for the Governor
The attached Act is hereby approved this ________ day of ______________, A.D., 2025
ss. Office of the Secretary of State
Filed ____________, 2025 at _________ o'clock __M.
Secretary of State
Asst. Secretary of State
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