The League of Women Voters recently submitted a 31-page petition to the State Board of Elections requesting the promulgation of rules relating to SB175’s documentary proof of citizenship requirements. We believe the petition is in disagreement with the legislative intent of SB175, which
did not include any provision for rulemaking from the Board of Elections.
In 2025, the South Dakota Legislature passed SB68, which requires an individual be a citizen of the United States before being eligible to vote and to provide a penalty therefore, in veto proof margins. The House voted 66 to 4 in favor of SB68, and the Senate 32 to 2 in favor.
In 2026, SB175 An Act to Require that an individual provide proof of citizenship when registering to vote and to declare an emergency also passed in VETO proof margins; with the Senate voting 28 to 6 in favor, and the House with 64 Yeas, 3 Nays. SB175 was brought as a follow up bill to SB68, which
specifically lists the acceptable forms of identification to use when registering to vote.
The majority of the Nation is calling on Congress to pass the SAVE America Act, with the overwhelming majority of American’s support proof of Citizenship to Vote. It is imperative that when states pass mirroring legislation, Republican leadership rises up to defend it.
The legislature was very explicit in describing each form of ID, with a specific listing of the only photocopied documents acceptable. These do not include the driver’s license, non-driver identification card, or tribal ID card. Section 3 of the bill clearly states: “The individual shall present:”, and it was written so that there shall be no doubt as to which forms of documentation are acceptable, and by default, what is not.
Efforts were taken to follow the Department of Public Safety’s documentation policies for driver’s licensing to ensure consistency across state agencies. The DPS website clearly states:
Prove Your Identity: ** NO PHOTOCOPIES WILL BE ACCEPTED **
Photocopies of pertinent documents are not acceptable for drivers licensing and are as equally not
acceptable for registering to vote.
The Secretary of State’s posted response to the League of Women Voter’s Petition says:
“As to both rules and anywhere the League proposes that a driver license can be photocopied the SOS differs in it’s statutory construction and interpretation of the relevant statutes. It is plain that the first 3 means of demonstrating citizenship (SDCL 12-4-1.4) are classified as “shall present” which the SOS office interprets as “shall present an original.” After the first three, the word “photocopy” is used, differentiating the other forms of documentation from the “shall present” documents. Clearest course of action would be to change 12-4-1.4 to allow photocopies of all. Otherwise the statute and the rule
would conflict.”
This means, the rules the League of Women Voters are proposing are in conflict with state statute, and the Freedom Caucus and sponsors of the bill agree.
The facts are:
and the State of South Dakota, which clearly demands the protection of South Dakota elections with the state level version of the SAVE America Act.
The LWV petition is a predictable response from an organization with a consistent record of opposing voter ID, citizenship verification, and other commonsense safeguards while framing them as threats to “access.” A line from their website states: “We engage in litigation and grassroots action to promote policies that make elections more equitable and accessible….(such as) Eliminating the use of voter IDs requirements.”
The statutes already on the books give the Board authority to implement, not to rewrite or soften, the law through expansive rulemaking. South Dakota voters elected a legislature and governor who chose security and sovereignty. The proper response to this petition is to faithfully execute SB 175 as written, not a 31-page administrative expansion that invites further challenges and administrative bloat. Election integrity begins with knowing who is voting. Requiring proof of citizenship for new registrants is not radical — it is baseline responsibility in a republic. The LWV petition seeks to make that baseline optional through process.
The South Dakota Freedom Caucus is calling on all Republican Leadership of South Dakota and all Republican voters to contact Governor Larry Rhoden, Attorney General Marty Jackley, Secretary of State Monae Johnson, and the members of the State Board of Elections to reject these attempts by
outside organizations to water down and weaken our efforts to strengthen election protections.
THIS IS A CALL TO ACTION: Please call or email the following officials requesting that they REJECT the
Petition filed by the League of Women Voters.
Governor Larry Rhoden – (605) 773-3212
Attorney General Marty Jackley – (605) 773-3215
Secretary of State Monae Johnson – Monae.Johnson@state.sd.us
Deputy Secretary Tom Deadrick – Tom.Deadrick@state.sd.us
State Board of Elections Members:
Austin Hoffman – austinhoffman@valleytel.net
Scott McGregor – sdmcgregor906@gmail.com
Kent Alberty – kentalberty@gmail.com
Jamalia Franzen – auditor@deweycounty.biz
Lindley Howard – lindley.howard@mcpherson.sdcounty.gov
Kristin Matsuda – mamatree@use.startmail.com
