There is a new South Dakota Law that allows residents to challenge anyone they think might not be a legal citizen. But are there really lots of non-citizens even trying to vote in South Dakota elections?

The answer...not really.

South Dakota passed a new law signed by Gov. Larry Rhoden and taking effect July 1 that allows voters to challenge other voters' citizenship status.

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There is one confirmed documented case. In 2024, South Dakota officials discovered and cancelled the voter registrations of 273 non-U.S. citizens.

These individuals had answered "no" on their driver's license applications when asked if they were citizens, but were registered to vote due to human error, according to the Secretary of State's Office.

Of those 273...1 non-citizen actually cast a ballot — during the 2016 general election.

The situation arose because non-citizens can obtain a South Dakota driver's license or state ID if they are lawful permanent residents or have temporary legal status, and the driver's license application form includes a voter registration section.

The registrations were attributed to a bureaucratic error rather than intentional fraud.

It's worth noting that a lobbyist for the immigrant advocacy group South Dakota Voices for Justice testified that "there is no documented pattern of noncitizen voting, widespread residency fraud or double voting in South Dakota that current law cannot already address."

South Dakota passed a new law signed by Gov. Larry Rhoden and taking effect July 1 that allows voters to challenge other voters' citizenship status.

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