ENTITLED An Act to require an individual be a citizen of the United States before being eligible to vote and to provide a penalty therefor.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 12-3-1 be AMENDED:

12-3-1. An individual may vote at an election in this state only if, at the time of the election, the individual:

(1) Is a citizen of the United States;

(2) Maintains residence in this state, as defined in § 12-1-4;

(3) Is at least eighteen years of age;

(4) Is not otherwise disqualified; and

(5) Complies with the law regarding the registration of voters, pursuant to chapter 12-4.

Section 2. That § 12-26-3 be AMENDED:

12-26-3. An individual is guilty of a Class 1 misdemeanor if the individual:

(1) Knowingly makes a false statement or representation to register as a voter or cast a ballot at an election; or

(2) Is in the presence of and knowingly allows another individual to make a false statement or representation to register as a voter or cast a ballot at an election.

This section does not apply to a state employee submitting voter registration information to another entity pursuant to federal law.

Section 3. That § 12-26-4 be AMENDED:

12-26-4. An individual is guilty of a Class 1 misdemeanor if the individual:

(1) Knows that the individual is not a qualified voter of this state; and

(2) Votes or offers to vote at any election held in this state.

Section 4. That § 12-26-7 be AMENDED:

12-26-7. An individual is guilty of a Class 6 felony if the individual:

(1) Impersonates a registered voter; and

(2) Votes or offers to vote at any election held in this state.

Section 5. That § 12-26-8 be AMENDED:

12-26-8. An individual is guilty of a Class 6 felony if the individual:

(1) After having voted in this state, votes or offers to vote in the same or in another election precinct in this state; or

(2) After having voted in another state or territory, votes or offers to vote in this state.

An Act to require an individual be a citizen of the United States before being eligible to vote and to provide a penalty therefor.

I certify that the attached Act originated in the: Senate as Bill No. 68 Secretary of the Senate President of the Senate Attest: Secretary of the Senate Speaker of the House Attest: Chief Clerk Senate Bill No. 68 File No. ____ Chapter No. ______

Received at this Executive Office this _____ day of _____________, 2025 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2025 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2025 at _________ o'clock __M. Secretary of State By Asst. Secretary of State