The South Dakota State Legislature voted to send a constitutional amendment to the 2026 ballot that would provide that noncitizens of the United States are disqualified from voting in any election in the state. This will be the 15th statewide ballot measure related to citizenship voting requirements since 2018. In 2024, eight states approved similar measures.
In South Dakota, a simple majority vote is required during one legislative session to place a constitutional amendment on the ballot. On Jan. 16, Senate Joint Resolution 503 (SJR 503) was introduced to the South Dakota Senate. The state Senate approved SJR 503 by a vote of 33-2 on Feb. 3. All 32 Republicans and one Democrat voted in favor of the resolution, and two Democrats opposed it. On March 6, the state House approved the amendment sending it to the ballot by a vote of 58-11. One Democrat joined the Republican majority in approving the measure, while six Republicans joined the Democratic minority in opposing the amendment.
In addition to clarifying that “Every individual who is a citizen of the United States”, 18 years or older, and a resident is eligible to vote, the amendment would add the following language, “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.” Of the 14 amendments approved to require citizenship to vote, three in Idaho, Kentucky, and Louisiana had similar language explicitly prohibiting noncitizens from voting.
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 law does not apply to elections for state and local offices. The District of Columbia and certain municipalities in California, Maryland, and Vermont allow noncitizens to vote in some or all local elections. The map below shows which U.S. states allow or prohibit noncitizen voting in elections for state or local offices.
The average approval rate of the 14 previous amendments was 73%. The lowest approval rate was in Kentucky in 2024, with 62%, and the highest approval rate was in South Carolina in 2024, with 86%. All but three of the measures were placed on the ballot by Republican-controlled state legislatures, the three others in Colorado, Florida, and North Dakota were placed on the ballot by citizen initiatives. In Iowa, Alabama, and South Carolina, nearly 100% of Democratic legislators supported the amendments.
South Dakota voters will decide on two other amendments in 2026. The state legislature voted to refer an amendment to condition Medicaid expansion on federal funding remaining at least 90% and an amendment to establish a trust fund for unclaimed property.
In South Dakota, a total of 122 ballot measures appeared on statewide ballots between 1985 and 2024. Fifty-one ballot measures were approved, and 71 ballot measures were defeated.
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