South Dakota Enacts Proof of Citizenship Voter Law

Politicians who support the new law say it ensures election integrity, while opponents warn it could block eligible voters from casting a ballot.
Published: 3/30/2026, 1:28:47 PM EDT
South Dakota Enacts Proof of Citizenship Voter Law
A sign welcomes early voters in Bee Cave, Texas, on Feb. 18, 2026. Texas's primaries culminate in Election Day, March 3. (Nathan Worcester/The Epoch Times)

South Dakota has enacted legislation that will require individuals to prove their U.S. citizenship when registering to vote.

It's a law that supporters say ensures election integrity, but critics warn that Senate Bill 175 could prevent eligible voters from casting their ballots.

“This bill ensures only citizens vote in state elections, keeping our elections safe and secure," South Dakota Gov. Larry Rhoden said upon signing it into law.

Also known as the South Dakota SAVE Act, Senate Bill 175 was written by Republican state senator John Carley.

The legislation requires documented proof of citizenship for registering to vote in state elections.

Carley did not respond to requests for comment by the time of publication.

“Non-citizens voting is obviously an issue since we discovered non-citizens on our voter rolls and even voting in our elections,” Carley told KOTA-TV in an interview. “Proving citizenship is easy. It’s done every day for licenses, passports, and college funding. We need to make sure you’re a citizen by proving that. It’s the same thing when you get a passport and when you go and get a driver’s license.”

Democrats, however, are opposed.

Documentation rules are unnecessary and could exclude lawful voters, according to Democratic state representative Erick Muckey.

“The idea of us passing legislation for a problem that frankly doesn’t exist, in a sense, creates greater problems for folks who don’t have a passport,” Muckey told KOTA-TV. “Somebody who might have a birth certificate that doesn’t match their name because of a marriage and there may not be an easy way to get access to those documents."

Muckey did not respond to requests for comment by the time of publication.

South Dakota is among the states implementing stricter voting requirements while the national SAVE America Act (S. 1383) remains stalled in the U.S. Senate.

The Supreme Court ruled in 2013 that requiring citizenship documentation for federal elections without federal or court approval is unlawful.

Lawmakers in Utah approved proof-of-citizenship bills and are awaiting the signature of Utah Republican Gov. Spencer Cox.

Utah's HB 209 Voting Amendments provide for choosing whether to require documentary proof of United States citizenship when registering to vote or before voting; and for only allowing a voter who does not show documentary proof of United States citizenship the ability to vote in races for federal office.

The House passed the SAVE America Act on Feb. 11.

If eventually approved by the Senate, the SAVE Act would mandate, nationally, showing documented proof of U.S. citizenship, such as a passport or birth certificate, to register to vote.