Residency Qualifications for Registering to Vote

Definition of Residency for Voter Registration (SDCL 12-1-4) - effective July 1, 2025

12-1-4. Resident defined - Intention.
For the purposes of this title (Title 12), "resident" means an individual who maintains an actual fixed permanent dwelling, establishment, or any other abode where the individual lives and usually sleeps 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 only be a resident of one place.

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, the individual remains a resident of the county.

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

An individual remains a resident of this state until the individual becomes a resident of another state. If an individual moves from this state to another state or territory with the intention of becoming a resident of that state or territory for any purpose, the individual is no longer a resident this state.

12-4-1.2 Voter Registration form - Certification.
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)    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.

12-4-1. Persons entitled to register - Precinct.
An individual who is a resident of this state, as defined in § 12-1-4, and has or will have the qualifications of a voter prescribed by § 12-3-1 or 12-3-1.1 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.

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

Overseas Citizens

12-4-4.3. Overseas citizen defined.
An "overseas citizen" is any person residing outside the territory of the United States of America including its territories and possessions, and who is a citizen of the United States.

12-4-4.4. Registration and voting by overseas citizens - Conditions.
Any overseas citizen shall have the right to register and vote in any federal, state, county or local election held within South Dakota under the following conditions:

1. The overseas citizen or the spouse of the overseas citizen was last domiciled in South Dakota immediately prior to departure from the United States.
2. The overseas citizen does not maintain a domicile, is not registered to vote and is not voting in any other state.
3. The overseas citizen is otherwise qualified to vote according to law.

12-4-4.5. Absentee registration and voting in last county and precinct of residence.
The overseas citizen shall be allowed to register and vote absentee in the same county and election precinct in which the overseas citizen or spouse of the overseas citizen resided immediately prior to leaving the United States.

Effective January 1, 2026
12-4-1.3. Federal voter--Registration -Ballot.
If an individual applies to register as a voter of this state or to vote by absentee ballot, using only the address of a commercial mail receiving agency, mail forwarding service, or other post office box as the individual's residence address, without providing a description of the location of the individual's habitation, the individual does not meet the requirements to be a resident of this state for the purposes of this title, and may be registered only as a federal voter. If an individual who does not meet the requirements to be a resident of this state is eligible to vote pursuant to this section, the county auditor must indicate that the individual is eligible to vote only as a federal voter.

The county auditor shall prepare a ballot that lists only the names of the candidates for United States senator, United States representative, and president and vice president of the United States, as certified by the secretary of state pursuant to 12-8-8, and the names of the presidential electors designated for each candidate. The county auditor or member of the precinct election board shall provide the ballot to any individual who has been designated as a federal voter, by the county auditor.

For the purposes of this section, "federal voter" means an individual who is eligible to vote in elections for presidential electors, United States senator, or United States representative at a primary, runoff, special, or general election.