South Dakota Considers Voter Citizenship Challenges

Legislation would allow voters to question others' citizenship status before elections

Jan. 28, 2026 at 7:39pm

Got story updates? Submit your updates here. ›

A bill approved by a South Dakota legislative committee would allow registered voters to challenge the citizenship status of other voters in their county up to 90 days before an election. The Secretary of State's Office requested the measure, saying it would strengthen voting integrity, but critics argue it could lead to voter intimidation and is redundant given existing laws against non-citizens voting.

Why it matters

The proposed legislation raises concerns about potential voter suppression and the authority given to private citizens to question others' citizenship status, especially in light of recent incidents of violence against immigrants and minorities. It also highlights ongoing debates around election security and transparency.

The details

The bill would allow a registered voter to challenge another voter's citizenship status with the county auditor at least 90 days before an election. The Secretary of State's Office or local auditor could also initiate such a challenge. However, the bill does not specify what kind of proof would be required to disprove a person's citizenship.

  • The legislative committee approved the bill on January 28, 2026.
  • The bill is now headed to the state Senate floor.

The players

Thomas Deadrick

Deputy Secretary of State, who said the bill would provide a way to address non-citizens attempting to vote.

Sen. Liz Larson

The only committee member to vote against the measure, expressing concerns about the potential for voter intimidation and the state giving citizens the authority to challenge others' citizenship.

Melissa McCauley

A lobbyist for South Dakota Voices for Justice, who said the legislation "does not add enforcement authority, new tools or cleaner standards" and "creates administrative work without added value."

Got photos? Submit your photos here. ›

What they’re saying

“If you find somebody who's not a citizen and is trying to vote, then do something about it. This would be a way to do something about it.”

— Thomas Deadrick, Deputy Secretary of State

“It just seems too nefarious to me, to give that right.”

— Sen. Liz Larson, State Senator

“To have those issues of people challenging citizenship for other people, it comes with so much baggage and especially now with a lot of the violence that's going on in Minnesota. I think this is too far.”

— Sen. Liz Larson, State Senator

What’s next

The bill will now be considered by the full state Senate.

The takeaway

This proposed legislation highlights ongoing debates around election security and transparency, but critics argue it could lead to voter intimidation and is redundant given existing laws against non-citizens voting. The bill's passage would give private citizens broad authority to challenge others' citizenship status, raising concerns about potential voter suppression.