Residency Qualifications for Registering to Vote
Definition of Residency for Voter Registration (SDCL 12-1-4)
For the purposes of this title (Title 12), the term,
residence, means the place in which a person has fixed his or her habitation and
to which the person, whenever absent, intends to return.
A person who has left home and gone into
another state or territory or county of this state for a temporary purpose only
has not changed his or her residence.
A person is considered to have gained a
residence in any county or municipality of this state in which the person
actually lives, if the person has no present intention of leaving.
If a person moves to another state, or to any
of the other territories, with the intention of making it his or her permanent
home, the person thereby loses residence in this state.
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:
- The overseas citizen or the spouse of
the overseas citizen was last domiciled in South Dakota immediately prior to
departure from the United States.
- The overseas citizen does not maintain
a domicile, is not registered to vote and is not voting in any other state.
- 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.