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, the term, residence, "residence" "resident" means the place in which a person is domiciled as shown by an individual who maintains an actual fixed permanent dwelling, establishment, or any other abode in which an where the individual lives and usually sleeps and to which the person individual returns 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 have only one place of residence.

A person An individual who leaves the residence and 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 has not changed residence, the individual remains a resident of the county.

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

A person An individual retains residence in remains a resident of this state until another residence has been gained the individual becomes a resident of another state. If a person an individual moves from this state to another state or territory with the intention of making it the person's individual's permanent home, the person of becoming a resident of that state or territory for any purpose, the individual loses residence in is no longer a resident this state.

Section 2. That a NEW SECTION be added to chapter 12-1:

Notwithstanding § 12-1-4, an individual maintains residence in this state if the individual has established residence in this state and then:

(1) Is absent from this state due to business of the United States or of this state and intends to return to the individual's residence upon the completion of the business;

(2) Is on active duty as a member of the South Dakota National Guard or armed forces of the United States and intends to return to the individual's residence upon the completion of active duty;

(3) Is the spouse of an individual who is absent from this state due to business of the United States or this state, or is on active duty as a member of the South Dakota National Guard or armed forces of the United States;

(4) Is absent from this state due to the individual's employment or volunteer work and intends to return to the individual's residence in this state upon completion of the employment or volunteer work;

(5) Is a family member accompanying an individual who:

(a) Is absent from this state due to the individual's employment or volunteer work; and

(b) Intends to return to the individual's residence in this state upon completion of the employment or volunteer work;

(6) Is a full-time postsecondary education student who resided in this state immediately prior to leaving for postsecondary education;

(7) Is enlisted as a member of the armed forces of the United States and is continuously stationed in this state;

(8) Is the spouse of an individual who is enlisted as a member of the armed forces of the United States and is continuously stationed in this state;

(9) Is a patient in any veterans' hospital or nursing home located within this state;

(10) Is an employee of the veterans' administration or any veterans' hospital in this state; or

(11) Resides on a restricted military reservation located in this state.

If an individual's residence is destroyed or rendered uninhabitable by fire or natural disaster, the individual maintains residence in this state if the individual intends to return to the residence as soon as the residence is made habitable.

Section 3. That a NEW SECTION be added to chapter 12-1:

An individual loses residence in this state if the individual:

(1) Applies for, purchases, or accepts a resident hunting, fishing, or trapping license issued by another state, territory, or country;

(2) Registers to vote in another state, territory, or country;

(3) Accepts a driver license issued by another state, territory, or country; or

(4) Moves to another state, territory, or country and:

(a) Intends to establish the individual's domicile in that state, territory, or country; or

(b) Makes any claim of residency for any purpose in the state, territory, or country.

Section 2. That § 12-4-1 be AMENDED:

12-4-1. A person Except as provided in section 3 of this Act, an An individual who maintains residence, as provided in pursuant to is a resident of this state, as defined in § 12-1-4 and section 2 of this Act, within the state for at least thirty consecutive days immediately prior to submitting the registration form, and who has or will have 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, is entitled to be registered as a voter in the election precinct in which the person maintains residence.

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

Section 3. That § 12-18-10 be AMENDED:

12-18-10. If a person an individual makes an application for ballots a ballot, or if an absentee ballot has been cast, the person's individual's right to vote at that poll and election may be challenged only as to the person's identity as the person registered whom the person claims to be or on grounds that within whether the individual:

(1) Is actually the individual registered to vote;

(2) Within fifteen days preceding the election the person, has been convicted of a felony or declared by proper authority;

(3) Was declared to be mentally incompetent by a proper authority; or

(4) Resides in Is a resident of this state, as provided defined in § 12-1-4 and sections 2 and 3 of this Act.

The proceedings shall to challenge an individual's right to vote must be conducted before the precinct superintendent and precinct deputies, who shall determine from the evidence presented whether or not the person the individual is permitted to vote and the. The members of the precinct election board shall indicate beside the individual's name on the registration list the ground stated and the result of the precinct election board's decision.

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) Has maintained residence in South Dakota for at least thirty days prior to submitting the registration form 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.