Help us improve in just 2 minutes—share your thoughts in our reader survey.
South Dakota Constitutional Amendment J, Citizenship Voting Requirement Amendment (2026)
| South Dakota Constitutional Amendment J | |
|---|---|
|
|
|
| Election date |
|
| Topic Citizenship voting requirements |
|
| Status On the ballot |
|
| Type Legislatively referred constitutional amendment |
Origin |
South Dakota Constitutional Amendment J, the Citizenship Voting Requirement Amendment, is on the ballot in South Dakota as a legislatively referred constitutional amendment on November 3, 2026.[1]
A "yes" vote supports amending the South Dakota Constitution to provide that "[an] individual who is not a citizen of the United States is disqualified from voting in any election or upon any question submitted to the voters of this state." |
A "no" vote opposes amending the South Dakota Constitution to provide that "[an] individual who is not a citizen of the United States is disqualified from voting in any election or upon any question submitted to the voters of this state." |
Overview
What would this amendment do?
- See also: Text of measure
This amendment would provide that only an individual who is a citizen of the United States may vote in elections in the state, and would disqualify any noncitizens from voting.[1]
Can noncitizens vote in the United States?
- See also: Noncitizen-voting in the United States
In 1996, the U.S. Congress passed a law prohibiting noncitizens from voting in federal elections, including elections for the U.S. House, U.S. Senate, and presidential elections. This does not apply to elections at the state and local levels.
Twenty-one municipalities across the country allowed noncitizens to vote in local elections. Sixteen were located in Maryland, three were located in Vermont, and two were located in California. Noncitizens are also permitted to vote in Washington D.C.
What do other state constitutions say about noncitizen voting?
In 33 states, constitutional language discussing citizenship says who can vote (e.g. "every citizen" or "all citizens"), but does not state that noncitizens cannot vote. In 17 states—Alabama, Arizona, Colorado, Florida, Idaho, Iowa, Kentucky, Louisiana, Missouri, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, Utah, Wisconsin, and Wyoming—their constitutions allow citizens, but not noncitizens, the right to vote.
Have other states voted on similar measures?
- See also: Background
Bans on noncitizen voting at the state level had become more frequent since 2018. Voters in six states approved ballot measures banning noncitizen voting from 2018 to 2022. In 2024, eight state legislatures referred constitutional amendments to the ballot to prohibit the state or local governments from allowing noncitizen voting. The eight states were Idaho, Iowa, Kentucky, Missouri, North Carolina, Oklahoma, South Carolina, and Wisconsin. Voters approved each constitutional amendment.
Jack Tomczak, Vice President of Americans for Citizen Voting, which supported the ballot measures, said, "We, and legislators who sponsor these, are getting ahead of fixing a problem that maybe has not reared its head as much in these states. It’s not like it’s happening everywhere and it must be stopped immediately. But preemption is not a bad thing." Jonathan Diaz, Director of Voting Advocacy for the Campaign Legal Center, said, "These proposed constitutional amendments are aimed really at two things: preventing local governments in those states from allowing non-U.S. citizens to vote in local elections, and advancing this false narrative that non-U.S. citizens are somehow participating in U.S. elections in large numbers, which is totally unsupported by any evidence or facts."[2]
As of 2024, municipalities in California, Maryland, and Vermont, along with Washington, D.C., allowed noncitizens to vote in some local elections. In November, voters in Santa Ana, California, decided on a ballot measure to allow noncitizens to vote in municipal elections.
Text of measure
Constitutional changes
- See also: Article VII, South Dakota Constitution
The ballot measure would add to Article VII of the South Dakota Constitution. The following underlined text would be added and struck-through text would be deleted:[1]
Note: Hover over the text and scroll to see the full text.
§ 2. Every United States individual who is a citizen of the United States, is eighteen years of age or older who, and has met all residency and registration requirements shall be is entitled to vote in all elections and upon all questions submitted to the voters of the state unless. An individual may be disqualified by law for mental incompetence or the conviction of a felony. An individual who is not a citizen of the United States is disqualified from voting in any election or upon any question submitted to the voters of this state. The Legislature may by law establish reasonable requirements to insure ensure the integrity of the vote.
Each elector who qualified qualifies to vote within a precinct shall be is entitled to vote in that precinct until he the elector establishes another voting residence. An elector shall may never lose his residency for voting solely by reason of his the elector's absence from the state.
[3]
Support
Supporters
Officials
- State Sen. John Carley (R)
- State Sen. Casey Crabtree (R)
- State Sen. Tamara Grove (R)
- State Sen. Taffy Howard (R)
- State Sen. Amber Hulse (R)
- State Sen. Kevin Jensen (R)
- State Sen. J. Sam Marty (R)
- State Sen. Jim Mehlhaff (R)
- State Sen. Lauren Nelson (R)
- State Sen. Ernie Otten Jr. (R)
- State Sen. Carl Perry (R)
- State Sen. Tom Pischke (R)
- State Sen. Curt Voight (R)
- State Rep. Bobbi Andera (R)
- State Rep. Julie Auch (R)
- State Rep. Aaron Aylward (R)
- State Rep. Heather Baxter (R)
- State Rep. Lana Greenfield (R)
- State Rep. Jana Hunt (R)
- State Rep. Travis Ismay (R)
- State Rep. Phil Jensen (R)
- State Rep. Dylan Jordan (R)
- State Rep. Logan Manhart (R)
- State Rep. Elizabeth May (R)
- State Rep. Scott Moore (R)
- State Rep. Tina Mulally (R)
- State Rep. Tony Randolph (R)
- State Rep. Christopher Reder (R)
- State Rep. Kathy Rice (R)
- State Rep. Tesa Schwans (R)
- State Rep. William Shorma (R)
- State Rep. John Sjaarda (R)
Arguments
You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org.
Opposition
You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org.
Campaign finance
Ballotpedia did not identify ballot measure committees registered to support or oppose the ballot measure.[4]
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Total | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Background
Voting in South Dakota
- See also: Voting in South Dakota
- Check your voter registration status here.
To register to vote in South Dakota, an applicant must be a citizen of the United States, a resident of South Dakota, and at least 18 years old by the day of the next election.[5]
The deadline to register to vote is 15 days before the next election. To register, an applicant may submit a voter registration form to the county auditor. Prospective voters can also register in person at the county auditor's office, driver's license stations, certain public assistance agencies, or military recruitment offices.[5]
Noncitizen voting laws in the United States
The map below indicates which U.S. states allow or prohibit noncitizen voting in elections for state or local offices. It also indicates which states have approved ballot measures related to noncitizen voting.
In 1996, the U.S. Congress passed a law prohibiting noncitizens from voting in federal elections, such as U.S. House, U.S. Senate, and presidential elections. Federal law did not address state or local elections.[6]
As of 2025, municipalities in three states—California, Maryland, and Vermont—allowed noncitizens to vote in certain local and school board elections.
In June 2022, the New York State Supreme Court for Staten Island overturned a New York City law to allow noncitizen voting, ruling that it violated the state's constitution. According to Judge Ralph Porzio, “by not expressly including non-citizens in the New York State Constitution, it was the intent of the framers for non-citizens to be omitted.”[7]
State constitutions on voting and citizenship
All state constitutions mention United States citizenship when discussing who can vote in that state's elections. As of July 2025, 33 state constitutions contain language discussing citizenship says who can vote (e.g. "every citizen" or "all citizens"), but does not state that noncitizens cannot vote. In 17 states—Alabama, Arizona, Colorado, Florida, Idaho, Iowa, Kentucky, Louisiana, Missouri, North Carolina, North Dakota, Ohio, Oklahoma, South Carolina, Utah, Wisconsin, and Wyoming—their constitutions allow citizens, but not noncitizens, the right to vote.
The following table lists what each state's constitution says regarding citizenship and the right to vote. Click the arrow to browse pages in the chart or search for a state within the chart.
Citizenship voting requirement ballot measures
From 2018 to 2024, voters decided on 14 ballot measures related to adding language about citizenship requirements for voting. Voters approved all 14 measures.
Partisanship of legislative votes on referred measures
In 16 states that placed constitutional amendments on the ballot to require citizenship to vote in state and local elections, Republican legislators supported the amendments, averaging 99.7%. In all but one state—South Dakota (2026)—every Republican legislator voted in favor; in South Dakota, 95.3% supported the amendment. Democratic support varied between states, averaging 43.1% and ranging from 0% in Missouri, Oklahoma, and Wisconsin to 100% in Alabama (2020) and Iowa (2024).
Path to the ballot
Amending the South Dakota Constitution
- See also: Amending the South Dakota Constitution
A simple majority vote is required during one legislative session for the South Dakota State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 36 votes in the South Dakota House of Representatives and 18 votes in the South Dakota State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
Amendment in the state legislature
- On January 16, 2025, Senate Joint Resolution 503 was introduced to the South Dakota Senate.[8]
- On February 3, 2025, the Senate voted 33-2 to pass the amendment.[8]
- On March 6, 2025, the South Dakota House of Representatives voted 58-11 to pass the amendment.[8]
| Votes Required to Pass: 18 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 33 | 2 | 0 |
| Total % | 94.2% | 5.7% | 0% |
| Democratic (D) | 1 | 2 | 0 |
| Republican (R) | 32 | 0 | 0 |
| Votes Required to Pass: 36 | |||
| Yes | No | NV | |
|---|---|---|---|
| Total | 58 | 11 | 1 |
| Total % | 82.8% | 15.7% | 1.4% |
| Democratic (D) | 1 | 5 | 0 |
| Republican (R) | 57 | 6 | 1 |
How to cast a vote
- See also: Voting in South Dakota
See below to learn more about current voter registration rules, identification requirements, and poll times in South Dakota.
See also
View other measures certified for the 2026 ballot across the U.S. and in South Dakota.
Explore South Dakota's ballot measure history, including constitutional amendments.
Understand how measures are placed on the ballot and the rules that apply.
External links
Footnotes
- ↑ 1.0 1.1 1.2 South Dakota Legislature, "Senate Joint Resolution 503," accessed February 5, 2025
- ↑ NBC News, "GOP efforts to crack down on noncitizen voting extend to state ballot measures," September 14, 2024
- ↑ Note: This text is quoted verbatim from the original source.
- ↑ South Dakota Campaign Finance Reporting, "Search Committees," accessed March 18, 2025
- ↑ 5.0 5.1 5.2 5.3 5.4 South Dakota Secretary of State, “Register to Vote, Update Voter Registration or Cancel Voter Registration,” accessed July 23, 2024
- ↑ Cornell Law School, "18 U.S. Code § 611 - Voting by aliens," accessed March 26, 2020
- ↑ Reuters, "New York judge rules law allowing noncitizens to vote for mayor is unconstitutional," June 27, 2022
- ↑ 8.0 8.1 8.2 South Dakota Legislature, "Senate Joint Resolution 503," accessed February 5, 2025
- ↑ South Dakota Secretary of State, “General Voting Information,” accessed July 23, 2024
- ↑ 10.0 10.1 NCSL, "State Profiles: Elections," accessed July 23, 2024
- ↑ 2025 South Dakota Legislature, "HB 1066," accessed April 2, 2025
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ 13.0 13.1 South Dakota Secretary of State, "General Voting Information," accessed July 23, 2024
