1066L 100th Legislative Session 1066

2025 South Dakota Legislature

House Bill 1066

AMENDMENT 1066L FOR THE HOUSE STATE AFFAIRS ENGROSSED BILL

Introduced by: Representative Kayser

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, "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 where the individual lives and usually sleeps to which the person 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 be a resident of one place of residence.

A person who leaves the residence andIf 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 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 § 12-4-1 be AMENDED:

12-4-1. A person An individual who maintains residence, as provided in is a resident of this state, as defined in § 12-1-4, within the state for at least thirty days 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 § 12-4-1.2 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.

Underscores indicate new language.

Overstrikes indicate deleted language.