Voters fill out their ballots at a Sioux Falls polling place during the South Dakota primary election on June 2, 2026. (Photo by Makenzie Huber/South Dakota Searchlight)
SIOUX FALLS, S.D. (South Dakota Searchlight) – A supporter of a state constitutional amendment on South Dakota’s Nov. 3 ballot says it would close a loophole in voting eligibility, while an opponent says it engages in “fearmongering.”
The state constitution already affirms the right of U.S. citizens to vote. Amendment J, one of four questions on the ballot, asks South Dakotans to add language to the constitution specifying people who are not U.S. citizens are “disqualified from voting.”
Two years ago, state officials discovered 273 non-U.S. citizens had accidentally been registered to vote in South Dakota while their driver’s license forms were being processed. Noncitizens can obtain a driver’s license or state ID if they are lawful permanent residents or have temporary legal status. A section of the driver’s license form allows an applicant to register to vote if they’re a citizen.
One of those 273 people voted, according to the South Dakota Secretary of State’s Office. That was in 2016. All of the registrations were canceled after their discovery.
State Sen. Taffy Howard, R-Rapid City, sponsored the legislative resolution that sent Amendment J to the ballot. She said it would close a loophole by adding a prohibition against noncitizens voting to the language affirming citizens’ right to vote.
“As long as United States citizens who meet the requirements are allowed to vote, nothing currently prohibits noncitizens also being allowed to vote,” she wrote in a pro statement.
“It’s not happening right now, but this is being proactive,” Howard said. “I hope people agree that being proactive is much better than being reactive.”
Rep. Erik Muckey, D-Sioux Falls, opposes Amendment J. Citizenship is already required to qualify someone as a voter in South Dakota, he said.
“When proponents are bringing forward that there are loopholes or ways for folks to allow noncitizens to vote in South Dakota, frankly, the constitution doesn’t allow that,” Muckey said. “Really, this is just a matter of, for lack of a better way, fearmongering about a group of people that aren’t voting.”
In recent years, state legislators have approved other state laws that impact voting rights. A law that came into effect last year criminalizes voting for noncitizens. A new law this year requires people to provide proof of citizenship when registering to vote. Legislators also passed a law this year that allows voters to challenge another voter’s citizenship. The challenge must be in the form of a signed, sworn statement and must include what state law describes as “documented evidence,” and submitted at least 90 days before an election.
A “yes” vote on Amendment J would add language to the state constitution specifying that noncitizens are disqualified from voting. A “no” vote would leave the constitution as is.
Early voting for the Nov. 3 general election is underway. The voter registration deadline is Monday.
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