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 (must complete probation, parole, restitution; including all fines and fees). 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
- Individuals who are convicted
of a felony in federal court and sentenced only to probation retain
the right to vote.
- Individuals who are convicted
of a felony in federal court and sentenced only to pay a fine or
restitution retain the right to vote.
- 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
- 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.
- Individuals who are convicted
of a felony in State court and sentenced only to pay a fine or
restitution retain the right to vote.
- Individuals who receive a
suspended imposition of sentence on a felony in State court retain the
right to vote.
- 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.
- 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.
- 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.