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Senate passes bills changing voter eligibility residency requirements

SDPB

The South Dakota Senate is passing a pair of bills changing eligibility requirements for voters.

Proponents of the bills say they uphold election integrity.

HB 1208 aims to resolve concerns over potential nonresident voters. Currently, voters who register to vote through commercial mail receiving agencies, mail forwarding services and other post office boxes as the primary residence can vote in state elections.

The bill would change that, instead designating such voters as federal voters. Proponents say it prevents out-of-state individuals from influencing local elections.

Sen. Sue Peterson is the bill's prime sponsor. She said nearly 30,000 voters claim a commercial mail forwarding mailbox as their primary address but don't actually live in the state.

She said the bill allows the state to maintain integrity in elections while complying with federal law.

"Most private mailbox voters do not meet the residency requirements to vote in South Dakota elections," Peterson said. "However, South Dakota is required by the National Voting Rights Act to provide those voters with a federal only, or a national only ballot."

Sen. Randy Deibert opposed the bill. He said if he chose to retire and live in a mobile home to travel, he himself would be affected.

“Doesn’t make sense for a resident of 66 years that has served in public office not to have the chance to vote," Deibert said. "How many voters are we disenfranchising under this bill that are really qualified South Dakota voters? This is not the answer to the problem."

Proponents disagreed, saying HB 1208 has protections for such residents.

It passed the Senate floor 25-9 in a Monday vote.

HB 1066 requires voters to live in South Dakota for 30 consecutive days to be able to register to vote. Residents can leave the state but must show “intent” to return to South Dakota.

Similar wording exists in the prior bill, so some opponents called the legislation unnecessary.

Sen. Paul Miskimins has reservations about HB 1066. He said the 30-day requirement is “impossible” for some to meet.

“Some people that are South Dakotans, have always been South Dakotans travel for a living. I have a friend who’s a rodeo announcer," Miskimins said. "He travels around the country all year-long, but South Dakota is his home. He never spends 30-consecutive days in this state, so I would submit that we shouldn’t make our auditors bedroom monitors."

Opponents countered, saying the bill isn’t a yearly requirement but ensures South Dakota voters are qualified South Dakotan residents.

HB 1066 passed the Senate floor 23-11.

Both bills were amended in the Senate, meaning they now head back to the House for approval.

Jackson Dircks is a Freeburg, Illinois, native. He is pursuing a degree in English, Journalism and Secondary Education at Augustana University and planning to graduate in May 2025. He plans to pursue a career in sports journalism.