Senate passes two bills tightening residency rules for some voters using mail forwarding addresses

The South Dakota Senate on March 10 approved two related measures aimed at tightening residency rules for people who list commercial mail‑forwarding addresses or post‑office boxes when registering to vote.

House Bill 12‑08

Senator Jim Petersen, sponsor of House Bill 12‑08, said the measure addresses a specific problem: nearly 30,000 people who list commercial mail‑forwarding addresses claim those addresses as residence when registering to vote. "Most PMB voters do not meet residency requirements to vote in South Dakota elections," Petersen said, and the bill would allow such registrants to receive a federal‑only ballot while preserving the state's residency rules for local contests.

Opponents argued the bill could disenfranchise long‑term South Dakotans who travel frequently or maintain alternate addresses; Senator Brent Deibert said retirees who live primarily in South Dakota but travel by RV could be wrongly excluded from local ballots. Petersen and other supporters said safeguards in state law protect bona fide residents and the bill simply brings state practice into alignment with federal voting requirements.

On a roll call, the Senate approved House Bill 12‑08 25 yeas to 9 nays with 1 excused.

House Bill 10‑66

The Senate also passed House Bill 10‑66, which clarifies that a person must live and "usually sleep" at a fixed dwelling for 30 consecutive days before being eligible to register to vote at that address. Sponsor Senator Julie Nelson described the measure as a refinement of a 30‑day requirement enacted the prior year and said the change from "30 days" to "30 consecutive days" resolves enforcement ambiguity. "If you are registered to vote in South Dakota, you are registered — you are not required to spend 30 days per year to remain registered," Nelson said.

Opponents including Senator Tim Duhamel and others warned the consecutive‑day standard could disenfranchise truck drivers, traveling professionals and other residents who legitimately call South Dakota home but spend stretches of time away from the state. Supporters said the change targets newly registering individuals who use South Dakota addresses but lack the intent to be residents.

House Bill 10‑66 passed the Senate by a majority vote (23 yeas, 11 nays, 1 excused).

Implications

Legislators said the paired bills are designed to protect local ballots and ensure that votes on school board races, property taxes and municipal matters reflect people who actually live in the affected communities. Opponents urged caution and asked counties and the Secretary of State to watch for unintended consequences for seasonal residents, members of the uniformed services and itinerant workers.

Both measures will return to the House for any required processing before final enrollment.