139F 98th Legislative Session 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.