Memorials, Professional Achievement - Elizabeth Elgin, Mt. Juliet Elementary School Teacher of the Year -

114th Regular Session (2025-2026) Introduced by Mark Pody

SD constitutional amendment: only U.S. citizens may vote; non-citizens barred from all elections, while citizens 18+ with residency/registration can vote; election offices adjust.

Signed by Governor.

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Purpose

SJR 503 is a joint resolution proposing a state constitutional amendment to clarify that only United States citizens are eligible to vote in South Dakota elections. If approved by voters at the next general election, the change will be incorporated into Article VII, §2 of the South Dakota Constitution.

Key provisions / changes

Explicit citizenship requirement: The amendment replaces ambiguous wording and expressly states that “only an individual who is a citizen of the United States” is eligible to vote.

Retains existing basic voter qualifications: The amendment continues to require that an eligible voter be 18 years of age and meet residency and registration requirements.

Explicit disqualifications: It preserves (and adds clarity to) disqualification for mental incompetence and conviction of a felony, and explicitly states that a non‑citizen is disqualified from voting in any election or on any ballot question in the state.

Residency language: Clarifies that each elector qualified to vote in a precinct remains entitled to vote there until establishing another voting residence and that absence from the state alone does not cause loss of voting residency.

Legislative authority: Confirms the Legislature may by law establish reasonable requirements to “ensure the integrity of the vote.”

(Note: the enrolled text contains minor editorial adjustments; the substantive, new element is the explicit, unambiguous requirement of U.S. citizenship.)

Who is affected

Non‑citizens (including lawful permanent residents and other non‑citizen residents) — would be explicitly ineligible to vote in any South Dakota election or ballot question if the amendment is adopted.

State and local election officials — may need to adjust voter registration forms, verification procedures, and public guidance to reflect the constitutional language.

Voters and voter‑registration processes — unchanged for U.S. citizens who meet age, residency and registration requirements, though administrative processes might be tightened to document citizenship status.

Timeline & procedural status

Introduced: January 16, 2025 (1st reading in Senate).

Committee and floor actions: State Affairs reported do pass as amended (Jan. 29); Senate Do Pass Amended (Feb. 3) — Yeas 33, Nays 2. House State Affairs reported do pass (Mar. 5); House passed amended (Mar. 6) — Yeas 58, Nays 11.

Signed by Senate President: March 10, 2025. Signed by House Speaker: March 11, 2025.

Delivered to Secretary of State: March 12, 2025 (S.J. 517).

Next step: The amendment is to be submitted to the electors at the next general election (the voters will either approve or reject the constitutional change).

Potential impacts and considerations

If approved by voters, this constitutional amendment will prevent state or local laws that permit non‑citizen voting (e.g., for local elections), superseding statutory or municipal efforts to allow such practices.

Implementation may require updates to registration systems and additional verification procedures; costs and administrative burdens could fall to county auditors and election offices.

Because this is a state constitutional amendment, it would become the controlling constitutional standard in South Dakota upon voter approval and certification.

Bill