An Act to revise provisions pertaining to voter registration requirements and the state board of elections.
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 actual fixed
permanent dwelling, establishment, or any other abode to which the
person returns
a person who has, for thirty consecutive days prior to an election,
fixed a habitation in this state to which the person intends to
return after a
period of absence.
A person who leaves the
residence
person's habitation
and goes into another county of this state or another state or
territory for a temporary purpose
has not changed residence
remains a resident.
A person
is considered to have gained residence in
becomes a resident of
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
is a resident of
this state until
another residence has been gained
the person becomes a resident of another state or territory.
If a person moves from this state to another state or territory with
the intention of making it the person's
permanent home
habitation, the
person
loses residence in
is no longer a resident of
this state.
Section 2. That 12-3-1 be AMENDED:
12-3-1. Only a citizen of the United States may vote in a municipal, county, primary, general, school district or any other election in this state, if the person is otherwise qualified.
Every person who, at the time of
an election,
maintains residence in
is a resident of
this state, will be eighteen years of age or older on or before the
next election, is not otherwise disqualified, and complies with the
law regarding the registration of voters pursuant to chapter 12-4,
may vote at any election in this state.
Section 3. That 12-4-1 be AMENDED:
12-4-1.
A person who
maintains residence, as provided in 12-1-4,
within the state for at least thirty days prior to submitting the
registration form, and who has
is or will be a resident of this state and 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,
county,
primary, general, or school district
or any other
election
in this state,
is entitled to be registered as a voter in the election precinct
in which the person maintains residence
where the person is a resident.
A person eligible to vote may
vote only in the election precinct where the person
maintains residence
is a resident.
Section 4. 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 formHas
or will have fixed a habitation in this state to which the person
intends to return after a period of absence for at least thirty
consecutive days before the next election;
(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.
Section 5. That 12-4-5 be AMENDED:
12-4-5.
The county auditor
shall enter in the master registration file the name of each eligible
person whose completed application for registration and mail
registration card is received no later than
5:00
five p.m. local
time at least
fifteen
thirty days
preceding the election by the county auditor or the local, state, or
federal agency responsible for conducting voter registration under
this chapter. A voter registration completed at any local, state, or
federal agency during any week commencing on Tuesday through the
following Monday
shall
must be sent to
the appropriate county auditor by the agency receiving the
registration or mail registration card no later than the following
Wednesday. The State Board of Elections may promulgate rules,
pursuant to chapter 1-26,
for the alternative transmission of voter registration information by
computer from the agency to the secretary of state. The name of any
voter who has registered to vote by
5:00
five p.m. local
time
fifteen
thirty days
preceding a runoff election
shall
must be added
to the file used for the runoff election.
Section 6. That 12-4-12 be AMENDED:
12-4-12.
Any new registrant
previously registered elsewhere
shall be
in this state is
required to sign an authorization which
shall
must be
forwarded by the registration official to the auditor
or other appropriate registration official
of the county of former registration,
or other appropriate registration official,
who shall remove the registrant's name from the registration file.
If the new registrant previously registered in another state, the
registration official must forward the authorization to the
appropriate out-of-state-registration official.
Section 7. That 12-1-10 be AMENDED:
12-1-10.
The Board of
Elections shall
meet prior to the beginning of each legislative session to review the
election laws of this state and recommend any desirable or necessary
changes. The board shall
report
to and make recommendations
any recommended changes
to the secretary of state
concerning desirable or necessary changes in the election laws of
this state.