ACLU of South Dakota Opposes Trio of Bills Regarding Residency, Voter Registration

It’s no secret that some of South Dakota’s elected leaders have tried over the years to disenfranchise the voting rights of residents who use mail-forwarding services. But it’s vitally important that people be allowed to exercise their rights to vote and to travel – without repercussions to either.

That’s why the ACLU of South Dakota opposes three bills that legislators are considering this year.

• 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.

The following can be attributed to Samantha Chapman, ACLU of South Dakota advocacy manager:

“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.”

Senate Bills 48 and 73 are scheduled to be heard in the Senate State Affairs Committee this morning. House lawmakers are scheduled to vote on House Bill 1066 this afternoon.

About the ACLU of South Dakota

The American Civil Liberties Union of South Dakota is a non-partisan, nonprofit organization dedicated to the preservation and enhancement of civil liberties and civil rights. The ACLU of South Dakota is part of a three-state chapter that also includes North Dakota and Wyoming. The team in South Dakota is supported by staff in those states.

The ACLU believes freedoms of press, speech, assembly, and religion, and the rights to due process, equal protection and privacy, are fundamental to a free people. In addition, the ACLU seeks to advance constitutional protections for groups traditionally denied their rights, including people of color, women, and the LGBTQ+ and Two Spirit communities. The ACLU of South Dakota carries out its work through selective litigation, lobbying at the state and local level, and through public education and awareness of what the Bill of Rights means for the people of South Dakota.

###