Challenging a Voter's Registration

Effective July 1, 2025
South Dakota law allows registered voters to challenge the registration of another voter only under specific circumstances, within certain deadlines, and by following a formal legal process. Below is an overview of the voter challenge process.

SDCL 12-4-58 through SDCL 12-5-63

Who Can File a Challenge?
A challenge may be filed by:

• The Secretary of State
• A County Auditor
• Any individual registered to vote in South Dakota (must meet additional requirements depending on the type of challenge)

What Are Valid Reasons to Challenge a Voter?
Challenges may only be filed for the following reasons:
1. Within 30 Days of an Election
(Primary, runoff, special, or general election)
A challenge may allege that the voter:

• Is disqualified from voting (see SDCL 12-4-18)
• Is deceased

SDCL 12-4-58

2. At Least 90 Days Before an Election
A challenge may allege that the voter:

• Has voted or registered to vote in another state
• Is not a resident of South Dakota, as defined in SDCL 12-1-4

SDCL 12-4-59

How Do You File a Challenge?
To file a challenge, you must complete and submit an application for correction, which includes:

• A signed and notarized affidavit attesting to the facts
• A factual basis and supporting documentation
• Information must contain:

(1)    Name of the challenged individual;
(2)    Address of the challenged individual;
(3)    Name of the individual filing the application;
(4)    Address, phone number, and email address of the individual filing the application;
(5)    Date of the affidavit; and
(6)    Reason for the challenge, pursuant to SDCL 12-4-58 or 12-4-59.
You may not submit a challenge based on rumors, anonymous claims, or assumptions.
The affidavit form will be prescribed by the State Board of Elections.
SDCL 12-4-60

What Happens After a Challenge is Filed?
Once a challenge is submitted, the county auditor will review the affidavit and documentation to determine whether the challenge meets the legal requirements and raises a valid concern.

• If the auditor determines the challenge is not valid, they will not move forward with it and the voter’s registration will remain unchanged.
• If the auditor determines the challenge appears valid, they must:
1. Send a verification request to the challenged voter by forwardable mail
2. Allow the voter 30 days from the postmark date to respond with documentation
3. Offer the voter an opportunity to request a hearing to prove their eligibility
4. Cancel the voter’s registration if:
• The voter fails to respond with sufficient documentation, and
• The voter has not voted in an election between the date of the mailing and the day after the next general election

Note: Voters challenged under residency or out-of-state voting laws cannot have their registration canceled within 90 days of an election.
SDCL 12-4-61

Can a Voter Appeal?
Yes. A voter whose registration is canceled may appeal the decision to the:

• Board of County Commissioners, or
• Circuit Court

SDCL 12-4-62

Recordkeeping
Records of an application of correction filed pursuant to § 12-4-60 must be retained by the county auditor for at least twenty-two months. Thereafter, if the auditor chooses to destroy the records, the records must be destroyed in a secure manner.
SDCL 12-4-63

Privacy Notice
An individual's social security number, driver license number, South Dakota nondriver identification card number, passport number, or contact information, may not be made public as part of a challenge. An individual who intentionally makes public any information that is confidential, pursuant to this section, is guilty of a Class 2 misdemeanor.
SDCL 12-4-60