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Dwelling Requirement For Voter Rejected, Residency Issue Remains

Lawmakers are rejecting a proposal to narrow the definition of resident for the purposes of voting in elections.

The issue of residency—not just in this instance—is a topic lawmakers could take up in the future.

House Bill 1129 requires a voter to have a fixed permanent dwelling, establishment or abode to qualify to cast a ballot.

Republican State Representative Tom Brunner is the prime sponsor of the legislation that got voted down. He says people should vote where they live.

“If that’s somewhere else, so be it,” Brunner says. “I think that’s just a fairness issue to the rest of us who live here year-round and want to make our vote count and have to live with our consequences. A lot of people who vote a different way don’t live with the consequences. A necessary part of citizenship is being not only able to cast your vote, but live with the consequences of the majority.”

The Secretary of State’s office opposes the bill, citing ambiguity in the bill language as well as concerns over enforcement and potential impacts to homeless residents in South Dakota.

This issue speaks to a larger problem in state law. What is the actual definition of a resident of South Dakota?

It’s an issue that’s come up not only in this instance, but also who is qualified to run for office. Defining who is a resident of South Dakota could impact several industries in the state, most notable… the trust industry.

Brunner says ambiguity can lead to lawsuits.

Republican House leadership indicated a willingness to study the issue of residency over the summer.
 

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