Can Felons Vote in South Dakota?
Yes, you can vote in South Dakota after a felony conviction, but only after you have completed your entire sentence, including prison time, parole, probation, and payment of all court-ordered fines and restitution. Once your sentence is fully complete, register to vote at your county auditor's office or through sdsos.gov.
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Overview
South Dakota requires completion of the entire sentence — including incarceration, parole, probation, and (for convictions after July 1, 2012) payment of all court-ordered financial obligations — before voting rights are restored. Under SDCL 12-4-18, a person serving a sentence for a felony conviction is removed from voter registration records and becomes eligible to register upon completion of the entire sentence. South Dakota does not distinguish between types of felonies; all felony convictions result in the same disenfranchisement rules. There is no separate application for restoration — once your sentence is complete, you simply re-register to vote.
Quick Answer
Yes, you can vote in South Dakota after a felony conviction, but only after you have completed your entire sentence, including prison time, parole, probation, and payment of all court-ordered fines and restitution. Once your sentence is fully complete, register to vote at your county auditor's office or through sdsos.gov.
Can vote
- ✓Completed the entire felony sentence, including incarceration, parole, probation, and payment of all court-ordered financial obligations (for post-July 2012 convictions)
- ✓Completed the entire felony sentence, including the original term of imprisonment (for pre-July 2012 convictions)
- ✓Received a gubernatorial pardon that restores voting rights
- ✓Convicted of a misdemeanor (misdemeanors do not affect voting rights)
- ✓In jail awaiting trial (pretrial detention — not yet convicted)
- ✓Charges were dismissed or acquitted
Cannot vote
- ✗Currently incarcerated for a felony conviction (state or federal)
- ✗Currently on parole for a felony conviction
- ✗Currently on probation for a felony conviction
- ✗Have not paid all court-ordered fines, fees, and restitution (for convictions after July 1, 2012)
- ✗Not a U.S. citizen
- ✗Not a South Dakota resident
- ✗Under 18 years of age on Election Day
- ✗Found mentally incompetent to vote by a court
Step-by-Step Process
Confirm your sentence is fully complete
Verify that you have completed your entire sentence: prison time served, parole completed, probation completed, and (for convictions after July 1, 2012) all court-ordered fines, fees, and restitution paid. Contact your probation or parole officer, the South Dakota Department of Corrections, or the Clerk of Courts in the county where you were sentenced to confirm.
Obtain a voter registration form
Download and print the South Dakota voter registration form from sdsos.gov/elections-voting/voting/register-to-vote/forms.aspx, or pick up a form at your county auditor's office, a driver's license station, Department of Human Services office, public assistance agency, or military recruitment office.
Complete and submit your registration
Fill out the voter registration form completely. You must sign the form with an original signature. Submit the completed form to your county auditor by mail or in person. South Dakota does not allow voter registration forms to be submitted by fax or email. You must provide your South Dakota driver's license number, state ID number, or the last four digits of your SSN.
Meet the registration deadline
Your voter registration form with an original signature must be received by the county auditor at least 15 days before the election. South Dakota does not offer same-day voter registration. Plan ahead to ensure your form arrives on time.
Vote in person or by absentee ballot
Vote at your assigned polling place on Election Day. Bring a valid photo ID (South Dakota driver's license, passport, or other government-issued photo ID). If you cannot vote in person, you can request an absentee ballot from your county auditor starting 46 days before the election.
Keep your registration current
Once registered, you remain registered as long as you live at the same address and maintain your eligibility. If you move, update your voter registration with your new county auditor. You can check your registration status at the South Dakota Secretary of State's voter information portal at vip.sdsos.gov.
Key Laws
| Law | Year | Description |
|---|---|---|
| South Dakota Constitution, Article VII, Section 2 | 1889 | Provides that the Legislature may prescribe laws to disqualify persons from voting based on conviction of a felony. This is the constitutional basis for South Dakota's felony disenfranchisement, giving the Legislature authority to define the terms and conditions of disqualification and restoration. |
| SDCL 12-4-18 — Felony Conviction Voter Disqualification | Amended 2012 | Provides that a person currently serving a sentence for a felony conviction shall be removed from voter registration records. A person so disqualified becomes eligible to register to vote upon completion of their entire sentence. For convictions after July 1, 2012, 'completion of sentence' includes payment of all court-ordered financial obligations. |
| HB 1247 (2012) — Expanded Disenfranchisement Terms | 2012 | Changed the terms of disenfranchisement for felony convictions occurring after July 1, 2012. Previously, disqualification applied only to imprisonment in the state penitentiary and ended when the original sentence term expired. HB 1247 expanded disqualification to any felony sentence in any jurisdiction and required completion of the entire sentence, including parole, probation, and payment of court-ordered debts. |
| SDCL 24-15A-34 — Notification Upon Discharge | Codified | Requires notification procedures when a person completes a felony sentence. This statute works in conjunction with SDCL 12-4-18 to ensure that the voter registration system is updated when a person becomes eligible to re-register. |
| Gubernatorial Pardon — Alternative Restoration Path | Constitutional provision | The Governor of South Dakota has the constitutional authority to grant pardons, which can restore voting rights before the sentence is fully completed. However, gubernatorial pardons for the purpose of voting rights restoration are extremely rare in South Dakota. |
Edge Cases
I was convicted of a felony before July 1, 2012. Do I need to pay all fines before I can vote?
The law changed in 2012 with HB 1247. For convictions before July 1, 2012, the old law applies: disenfranchisement was based on imprisonment in the state penitentiary and ended when the original sentence term expired (or was extended by court order). For convictions after July 1, 2012, completion of the entire sentence including payment of all court-ordered financial obligations is required.
I completed my prison time but I am still on parole. Can I vote?
No. South Dakota requires completion of the entire sentence, including parole, before voting rights are restored. You must wait until your parole is completed (or terminated early by the Parole Board) before you can register to vote.
I completed my prison time and parole but I still owe fines and restitution. Can I vote?
For felony convictions after July 1, 2012, you must pay all court-ordered financial obligations as part of completing your sentence before you can vote. For convictions before July 1, 2012, the financial obligation requirement may not apply — consult the Clerk of Courts in the county where you were sentenced to verify your specific situation.
I was convicted of a federal felony. Do South Dakota's rules apply to me?
Yes. Since the 2012 amendment, SDCL 12-4-18 applies to felony sentences in any jurisdiction, including federal courts. You must complete your entire federal sentence (incarceration, supervised release, and any financial obligations) before you can register to vote in South Dakota.
I was convicted in another state but now live in South Dakota. When can I vote?
South Dakota's disenfranchisement rules apply based on whether you are currently serving a felony sentence. If you have completed your entire sentence from the other state (including any supervision and, for post-2012 standards, financial obligations), you can register to vote in South Dakota as a resident.
Can I get my voting rights back early through a pardon?
Yes, theoretically. The Governor of South Dakota has the authority to grant pardons, which can restore voting rights. However, gubernatorial pardons specifically for voting rights restoration are very rare. You can apply through the South Dakota Board of Pardons and Paroles.
Frequently Asked Questions
- Can I vote in South Dakota if I have a felony conviction?
- Yes, but only after you have completed your entire sentence. This includes serving your prison time, completing parole and probation, and (for convictions after July 1, 2012) paying all court-ordered fines, fees, and restitution. Once your sentence is fully complete, you can register to vote.
- How do I register to vote after completing my felony sentence in South Dakota?
- Download a voter registration form from sdsos.gov, pick one up at your county auditor's office, or obtain one at a driver's license station or other state agency. Complete the form, sign it with an original signature, and submit it to your county auditor by mail or in person at least 15 days before the election.
- Do I need to pay fines and restitution before I can vote?
- For felony convictions after July 1, 2012, yes — you must pay all court-ordered financial obligations as part of sentence completion. For convictions before July 1, 2012, the financial requirement may not apply under the prior law. Contact the Clerk of Courts in your sentencing county to clarify your specific obligations.
- Is there a waiting period after my sentence is completed?
- No. Once your entire sentence is complete (including supervision and, for post-2012 convictions, financial obligations), you can immediately register to vote. There is no additional waiting period beyond sentence completion.
- Can I register to vote online in South Dakota?
- South Dakota does not currently offer fully online voter registration. You can fill out the voter registration form online at sdsos.gov, but you must print it, sign it with an original signature, and mail or deliver it to your county auditor. Forms cannot be submitted by fax or email.
- What ID do I need to vote in South Dakota?
- You must present a valid photo identification at the polls. Acceptable forms include a South Dakota driver's license or non-driver ID, U.S. passport, U.S. military ID, or tribal photo ID. If you do not have photo ID, you can sign a personal identification affidavit at the polling place.
- Can I vote by absentee ballot in South Dakota with a felony record?
- Yes, if you are registered to vote and your sentence is complete. Any registered voter in South Dakota can request an absentee ballot from their county auditor. Absentee ballots are available starting 46 days before the election. There is no distinction between voters with and without felony records.
- What happens to my voter registration if I am convicted of a new felony?
- Under SDCL 12-4-18, a person serving a sentence for a felony conviction is removed from voter registration records. If you are convicted of a new felony, your registration will be cancelled and you will need to re-register after completing the new sentence.
- Has South Dakota considered changing its felon voting laws?
- There have been legislative proposals to restore voting rights earlier — such as upon release from prison rather than after completion of all supervision. In a notable instance, the ACLU of South Dakota advocated for a bill to restore voting rights upon release, but it was voted down by House lawmakers. As of 2026, the current law requiring full sentence completion remains in effect.
- Can I run for office in South Dakota with a felony conviction?
- If your voting rights have been restored through completion of your sentence (or through a pardon), you are generally eligible to run for public office. You must be a registered voter to be a candidate. Specific offices may have additional eligibility requirements.
Take Action — Direct Links
- South Dakota Secretary of State — Felony Convictions and Voting
Official state page explaining how felony convictions affect voting rights in South Dakota, including eligibility requirements and the registration process.
- South Dakota Secretary of State — Voter Registration Forms
Download South Dakota's official voter registration form. Print, sign, and submit to your county auditor.
- South Dakota Voter Information Portal (vip.sdsos.gov)
Look up your voter registration status, polling place, and other election information.
- Campaign Legal Center — Restore Your Vote (South Dakota)
Interactive tool that walks you through South Dakota's specific voting rules and helps determine if you are eligible to register to vote after a felony conviction.
- Collateral Consequences Resource Center — South Dakota Restoration Profile
Comprehensive guide to restoration of rights in South Dakota, including voting, pardons, expungement, and sealing of records.
- ACLU of South Dakota
Civil liberties organization advocating for voting rights reform in South Dakota, including resources for people with felony convictions.
- Vote.gov — Voting After a Felony Conviction (South Dakota)
Federal resource with state-by-state information on voting rights after a felony conviction, including South Dakota-specific guidance.
Sources
- South Dakota Secretary of State — Felony Convictions and Voting
- South Dakota Constitution, Article VII, Section 2
- SDCL 12-4-18 — Felony Conviction Voter Disqualification
- Collateral Consequences Resource Center — South Dakota Restoration of Rights
- ACLU of South Dakota — Voting Rights Restoration Bill
- US Vote Foundation — South Dakota Voting Rights Restoration
- Ballotpedia — Voting in South Dakota
- NCSL — Felon Voting Rights by State