New law allows citizenship challenge

Voters in South Dakota will soon be able to challenge other voters’ citizenship.

Republican Gov. Larry Rhoden signed legislation into law last week that authorizes challenges by individuals and election officials.

The new law will not affect the June 2 primary election, because it won’t take effect until July 1, which is the regular effective date for new laws in the state.

State law already allows challenges to a voter’s registration up to the 90th day before an election, if a person is suspected of lacking South Dakota residency, voting in another state or being registered to vote in another state. The new law adds citizenship as a justification for a challenge.

Challenges may be filed by the South Dakota Secretary of State’s Office, the auditor in the county where the voter is registered, or a voter in the same county. The challenge must be in the form of a signed, sworn statement and must include “documented evidence.”

If a county auditor deems the challenge valid, registrants are given a chance to produce documentation verifying their registration is valid. If the auditor ultimately cancels the registration, the person may appeal to a court or their local county commission.

The Secretary of State’s Office, which oversees elections, requested the bill and testified in favor of it.

“If you find somebody who’s not a citizen and is trying to vote, then do something about it,” said Thomas Deadrick, deputy secretary of state, during a legislative committee hearing. “This would be a way to do something about it.”

Sen. Liz Larson, D-Sioux Falls, voted against the legislation. She raised concerns about the potential ramifications of voters challenging other voters’ citizenship, especially in the aftermath of federal agents’ fatal shootings of two U.S. citizens during immigration enforcement actions in Minnesota.

Melissa McCauley, a lobbyist for the immigrant advocacy group South Dakota Voices for Justice, testified against the bill. She said it would add unnecessary layers of “There is no documented pattern of noncitizen voting, widespread residency fraud or double voting in South Dakota that current law cannot already address,” McCauley said.

— SD Searchlight