Jason M. Gant

Secretary of State

Felony Convictions

Felony Convictions On or After July 1, 2012:

Under South Dakota Codified Law § 12-4-18, a person convicted of a felony in either federal or state court on or after July 1, 2012 loses the right to vote. A person so disqualified becomes eligible to register to vote upon completion of his or her entire sentence. A person who receives a suspended imposition of sentence does not lose the right to vote.

Felony Convictions On or Before June 30, 2012:

Impact of State and Federal Felony Convictions on Voting Rights

Federal

  1. Individuals who are convicted of a felony in federal court and sentenced only to probation retain the right to vote.
  2. Individuals who are convicted of a felony in federal court and sentenced only to pay a fine or restitution retain the right to vote.
  3. Individuals who are convicted of a felony in federal court and sentenced to a term of imprisonment lose the right to vote.  The loss of voting rights continues for as long as the individual is serving a term of imprisonment including supervised release. 

State

  1. Individuals who are convicted in State court of a felony and sentenced only to probation retain the right to vote.  A sentence of probation only may include fines, fees, restitution and other conditions associated with the sentence of probation. 
  2. Individuals who are convicted of a felony in State court and sentenced only to pay a fine or restitution retain the right to vote. 
  3. Individuals who receive a suspended imposition of sentence on a felony in State court retain the right to vote.
  4. Individuals who are convicted in State court of a felony and receive a suspended execution of sentence to the adult state penitentiary system lose the right to vote during the term of the suspended sentence.    
  5. Individuals who are convicted in State court of a felony and receive a sentence to the adult state penitentiary system lose the right to vote during the term of imprisonment.  The loss of voting rights continues as long as the individual is physically incarcerated or on parole. 
  6. Juveniles adjudicated as delinquent or as a child in need of supervision and sentenced to incarceration in a juvenile detention facility retain the right to vote once they have reached eighteen years of age. 

Last Updated May 24, 2010.

Webpage Last Modified September 6, 2012