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South DakotaSB 185100th South Dakota Legislature (2025)Senate

amend provisions pertaining to the process by which the qualifications of a registered voter are verified.

Sponsored By: Hulse, Amber (Republican), Soye, Bethany (Republican)

Signed by Governor

Election VerificationElectionsVoting

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 0 costs, 3 mixed.

Challenged voters face checks with appeals

County auditors must research challenges under State Board of Elections rules before finding them valid. For valid challenges, auditors must send a verification request by forwardable mail that follows the National Voter Registration Act. Voters have 30 days from the postmark to return proof of eligibility and can request a hearing. Cancellation is required only when sufficient proof is missing and the voter has not voted or appeared to vote from the request through the day after the first following general election. For challenges based on another state's voting or registration, or nonresidency, cancellation is barred during the 90 days before an election. Voters can appeal cancellation to county commissioners or directly to circuit court, and can appeal commissioners' decisions to circuit court.

New voter challenges with evidence requirements

In South Dakota, the secretary of state, a county auditor, or any state-registered voter can challenge a registration for death or disqualification under § 12-4-18. These applications are due at least 30 days before a primary, runoff, special, or general election. Challenges alleging voting or registration in another state, or nonresidency under state law, are due at least 90 days before those elections. Only the secretary of state, the challenged voter's county auditor, or a voter registered in that county can file those challenges. Every application needs documented evidence and a signed affidavit confirming reasonable efforts to check the claim and the filer's knowledge and belief that the voter is unqualified; unsupported or anonymous allegations cannot support it. Required details include the voter's name and address, the filer's name, address, phone and email, the affidavit date, and the reason; the State Board of Elections sets affidavit and documentation rules.

Voter records gain safeguards and reporting

Social Security, driver's license, state nondriver identification, and passport numbers, plus contact information, cannot be made public through a voter challenge. Knowingly making protected information public is a Class 2 misdemeanor. County auditors must keep challenge application records for at least 22 months and destroy them securely afterward if discarded. By March 1 each year, the secretary of state must report the previous year's voter removals to the State Board of Elections. The report must be posted on the secretary's website and cover inactivity, death, felony conviction, mental incompetence, relocation, and challenge-based removals.

Sponsors & Cosponsors

Sponsors

  • Hulse, Amber

    Republican • Senate

  • Soye, Bethany

    Republican • House

Cosponsors

  • Garcia, Josephine

    Republican • House

  • Hughes, John

    Republican • House

  • Manhart, Logan

    Republican • House

  • Perry, Carl

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 124 • No: 2

House vote • 3/5/2025

Do Pass Amended

Yes: 69 • No: 1

House vote • 3/3/2025

Do Pass

Yes: 13 • No: 0

Senate vote • 2/19/2025

Do Pass Amended

Yes: 33 • No: 1

Senate vote • 2/12/2025

Do Pass Amended

Yes: 9 • No: 0

Actions Timeline

  1. Signed by the Governor

    3/31/2025Senate

  2. Delivered to the Governor

    3/10/2025Senate

  3. Signed by the Speaker

    3/6/2025House

  4. Signed by the President

    3/6/2025Senate

  5. House of Representatives Do Pass Amended, Passed, YEAS 69, NAYS 1

    3/5/2025House

  6. Remove from Consent Calendar

    3/4/2025House

  7. Certified uncontested, placed on consent

    3/3/2025House

  8. House State Affairs Do Pass, Passed, YEAS 13, NAYS 0

    3/3/2025House

  9. Scheduled for hearing

    3/3/2025House

  10. First read in House and referred to House State Affairs

    2/20/2025House

  11. Senate Do Pass Amended, Passed, YEAS 33, NAYS 1

    2/19/2025Senate

  12. Senate Motion to amend, Passed

    2/19/2025Senate

  13. Senate Deferred to another day, Passed

    2/18/2025Senate

  14. Senate State Affairs Do Pass Amended, Passed, YEAS 9, NAYS 0

    2/12/2025Senate

  15. Senate State Affairs Motion to amend, Passed

    2/12/2025Senate

  16. Scheduled for hearing

    2/12/2025Senate

  17. First read in Senate and referred to Senate State Affairs

    2/3/2025Senate

Bill Text

  • Introduced

    1/30/2025

    PDF

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