For a challenged voter to demonstrate the sufficiency of the voter's qualifications, the voter must provide the county auditor with an original or a photocopy of the voter's South Dakota driver license or South Dakota nondriver identification card, Social Security Administration account number card, passport or identification card issued by an agency of the United States Government, or tribal identification card issued by a federally recognized Indian tribe located wholly or partially within South Dakota and:

1. (1) If the combined application form and affidavit asserts that the challenged voter was declared mentally incompetent, pursuant to SDCL 12-4-18, a court order declaring that the challenged voter has been restored to competency;
2. (2) If the combined application form and affidavit asserts that the challenged voter was convicted of a felony in a state or federal court, pursuant to SDCL 12-4-18, records from the Unified Judicial System, the Department of Corrections, or the federal court or penitentiary system indicating that the challenged voter has completed the entire sentence imposed on the voter for a felony conviction;
3. (3) If the combined application form and affidavit asserts that the voter is deceased, an affidavit signed by the challenged voter affirming that the voter is not deceased;

4. (4) If the combined application form and affidavit asserts that the challenged voter has voted or registered to vote in another state:

   1. (a) A record or statement from an election official in the state indicating that the challenged voter is not registered to vote in the state;
   2. (b) A record or statement from an election official in the state indicating that the challenged voter's registration was canceled; or
   3. (c) A record or statement from an election official in the state indicating that the challenged voter has not voted or offered to vote at any election in the state; or

5. (5) If the combined application form and affidavit asserts that the challenged voter is not a resident of South Dakota, as defined in SDCL 12-1-4, and the challenged voter demonstrated the voter's identity by providing a Social Security Administration account number card, United States passport, or identification card issued by an agency of the United States government:

   1. (a) A South Dakota driver license or South Dakota nondriver identification card;
   2. (b) A tribal identification card issued by a federally recognized Indian tribe located wholly or partially within South Dakota;
   3. (c) A South Dakota resident hunting, fishing, or trapping license issued by the Department of Game, Fish and Parks;
   4. (d) County records for a property owned by the challenged voter in South Dakota which indicate that the property is owner-occupied or subject to a homestead exemption;
   5. (e) Tax documents indicating that the challenged voter is a resident of South Dakota for the purpose of taxation;
   6. (f) A consent for use of South Dakota address form; or
   7. (g) A completed South Dakota residency affidavit or certificate.

Source: 52 SDR 32, effective September 29, 2025 .

General Authority: SDCL 12-1-9 (4), 12-4-60 .

Law Implemented: SDCL 12-4-58 to 12-4-61 , inclusive .