ENTITLED, An Act to revise certain provisions regarding the voting rights of persons convicted of
a felony or serving time in the state penitentiary.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 12-4-18 be amended to read as follows:
12-4-18. The clerk of courts shall, within fifteen days after the close of each month, prepare and
deliver to the auditor an abstract from the records of the names of persons declared mentally
incompetent in the preceding month. The notice shall be sent to the county auditor of the county in
which the person declared incompetent resides. The county auditor shall remove from the master
registration list the names of persons identified in accordance with the information provided pursuant
to this section and names of those sentenced to imprisonment in the federal penitentiary system and
may remove names published in an obituary.
Voter registration records maintained in or transmitted to the statewide voter registration file
shall be matched with the death records maintained as vital statistics records by the Department of
Health and the records of felony convictions maintained by the Unified Judicial System. Any voter
identified as deceased or who is serving a sentence for a felony conviction shall be removed from
the voter registration records. The State Board of Elections may promulgate rules, pursuant to
chapter 1-26, determining how voter registration records shall be matched.
Section 2. That § 23A-27-35 be amended to read as follows:
23A-27-35. A sentence of imprisonment in the state penitentiary for any term suspends the right
of the person so sentenced, to hold public office, to become a candidate for public office, and to
serve on a jury. Any such person so sentenced forfeits all public offices and all private trusts,
authority, or power during the term of such imprisonment. Any person who is serving a term in any
penitentiary shall be a competent witness in any action now pending or hereafter commenced in the
courts of this state, and the person's deposition may be taken in the same manner prescribed by
statute or rule relating to taking of depositions. After a suspension of sentence pursuant to § 23A-27-18, upon the termination of the time of the original sentence or the time extended by order of the
court, a defendant's rights withheld by this section are restored. However, the voting rights of any
person sentenced to imprisonment in the state penitentiary shall be governed by Title 12.
An Act to revise certain provisions regarding the voting rights of persons convicted of a felony or
serving time in the state penitentiary.
I certify that the attached Act
originated in the
HOUSE as Bill No. 1247
Speaker of the House
President of the Senate
Secretary of the Senate
House Bill No. 1247
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
Asst. Secretary of State