139F 98th Legislative Session 139

2023 South Dakota Legislature

Senate Bill 139

AMENDMENT 139F FOR THE INTRODUCED BILL

Introduced by: Senator Deibert

An Act to revise provisions qualifications 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, the term, residence, means the place in which a person has fixed his or her habitation is domiciled as shown by an actual fixed permanent dwelling, establishment, or any other abode and to which the person,whenever absent, intends to return returns when absent after a period of absence.

A person who has left home and gone leaves the residence and goes into another county of this state or another state or territory or county of this state for a temporary purpose only has not changed his or her residence.

A person is considered to have gained a residence in any county or municipality of this state in which the person actually lives, if the person has no present intention of leaving.

A person retains residence in this state until another residence has been gained. If a person moves from this state to another state, or to any of the other territories,territory with the intention of making it his or her the person's permanent home, the person thereby loses residence in this state.

Section 2. That § 12-3-1 be AMENDED:

12-3-1. Every person resident of who, at the time of an election, maintains residence in this state who shall be of the age of, is will be eighteen years and upwards of age or older on or before the next election, is not otherwise disqualified, who shall have complied and complies with the provisions oflaw relating to regarding the registration of voters pursuant to chapter 12-4, shall be entitled tomay vote at any election in this state.

Section 3. That § 12-4-1 be AMENDED:

12-4-1. Every person residing who maintains residence, as provided in § 12-1-4, within the state for at least thirty consecutive days immediately in the year prior to the day the person registers to vote submitting the registration form, and who has the qualifications of a voter prescribed by § 12-3-1 or 12-3-1.1, or who will have such qualifications at the next ensuing municipal, primary, general, or school district election, shall be is entitled to be registered as a voter in the voting precinct in which he resides election precinct in which the person maintains residence.

A person eligible to vote may vote only in the election precinct where the person maintains residence.

Section 4. That § 12-4-5.4 be AMENDED:

12-4-5.4. Any person registering to vote shall provide the person's valid South Dakota driver license number or a South Dakota nondriver identification number on the voter registration form. If a person does not have a valid South Dakota driver license or a South Dakota nondriver identification number, the person shall provide the last four digits of the person's social security number on the voter registration form.

If a person does not have a valid South Dakota driver license, or a South Dakota nondriver identification number, or but has a social security number, the person may only register at the county auditor's office and. The applicant shall provide documentation establishing the applicant's residence for the thirty days immediately prior to the date of application and shall sign a statement verifying the fact that the person does not have a valid South Dakota driver license, a South Dakota nondriver identification number, or a social security number. The statement shall be prescribed by the State Board of Elections

If a person does not have a valid South Dakota driver license, a South Dakota nondriver identification number, or a social security number, the person may only register at the county auditor's office. The applicant shall provide documentation establishing the applicant's residence for the thirty days immediately prior to the date of application and shall sign a statement verifying the fact that the person does not have a valid South Dakota driver license, a South Dakota nondriver identification number, or a social security number.

The State Board of Elections shall promulgate rules, pursuant to chapter 1-26, prescribing the statement and the documentation that may be accepted to establish the applicant's residence.

Section 4. That chapter 12-4 be amended with a NEW SECTION:

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) Has maintained residence at the address provided on the registration form for at least the thirty days immediately in the year prior to submitting the registration form;

(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.

Underscores indicate new language.

Overstrikes indicate deleted language.