South Dakota Passes Law Allowing Voter Citizenship Challenges

New law authorizes individuals and election officials to challenge voters' citizenship status.

Published on Mar. 9, 2026

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South Dakota has passed a new law that allows voters, county auditors, and the Secretary of State's office to challenge the citizenship status of registered voters. The law, signed by Republican Governor Larry Rhoden, will take effect on July 1 and will not impact the upcoming June primary election.

Why it matters

This law is part of a broader effort by South Dakota lawmakers in recent years to tighten voting requirements and crack down on perceived issues of noncitizen voting, despite a lack of evidence of widespread problems. Critics argue the new law could lead to voter intimidation and unnecessary bureaucratic hurdles for election officials.

The details

The new law allows individuals, county auditors, and the Secretary of State's office to file sworn challenges to a voter's citizenship status, which must include 'documented evidence.' If a county auditor deems the challenge valid, the voter will be given a chance to prove their registration is valid. If the auditor ultimately cancels the registration, the voter can appeal to a court or county commission.

  • The new law will take effect on July 1, 2026.
  • It will not impact the upcoming June 2, 2026 primary election.

The players

Larry Rhoden

Republican Governor of South Dakota who signed the new voter citizenship challenge law into law.

Thomas Deadrick

Deputy Secretary of State in South Dakota, who testified in favor of the bill, stating that it would allow action against noncitizens trying to vote.

Liz Larson

Democratic state Senator from Sioux Falls who voted against the legislation, raising concerns about potential voter intimidation.

Melissa McCauley

Lobbyist for the immigrant advocacy group South Dakota Voices for Justice, who testified against the bill, arguing there is no documented pattern of noncitizen voting in the state.

Dusty Johnson

South Dakota's lone member of the U.S. House of Representatives, who voted in favor of federal legislation that would require voters to produce a passport or birth certificate to register.

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What they’re saying

“We do a lot of things right in South Dakota, and our election integrity is something to be admired and emulated by other states.”

— Larry Rhoden, Governor of South Dakota (South Dakota Searchlight)

“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 (South Dakota Searchlight)

“In today's environment, the bill is 'adding fuel to the fire.'”

— Liz Larson, State Senator (South Dakota Searchlight)

“There is no documented pattern of noncitizen voting, widespread residency fraud or double voting in South Dakota that current law cannot already address.”

— Melissa McCauley, Lobbyist (South Dakota Searchlight)

What’s next

The judge in the case will decide on Tuesday whether or not to allow Walker Reed Quinn out on bail.

The takeaway

This new law in South Dakota is part of a broader effort by state lawmakers to tighten voting requirements, despite a lack of evidence of widespread issues with noncitizen voting. Critics argue the law could lead to voter intimidation and unnecessary bureaucratic hurdles for election officials.