Constitutional Amendment J - An Amendment to the South Dakota Constitution Clarifying that an Individual Must Be a Citizen of the United States to be Eligible to Vote.
BALLOT LANGUAGE
WHAT IT MEANS
Yes
No
ARGUMENTS FOR AND AGAINST
Yes
"Amendment J protects the integrity of South Dakota elections by making it clear that only United States citizens may vote in elections in South Dakota...
...our Constitution does not explicitly state that individuals who are not United States citizens are prohibited from voting...
Currently, the South Dakota Constitution recognizes only two reasons a person may be disqualified from voting: mental incompetence and conviction of a felony. Amendment J adds a third disqualification: not being a citizen of the United States.
This amendment does not change the voting rights of any eligible United States citizen. It does not change voter registration requirements, residency requirements, or election procedures. It simply adds clear language to our Constitution stating that noncitizens are not eligible to vote.
If approved by a majority of voters at the general election, this amendment will become part of the South Dakota Constitution. If rejected, the current constitutional loophole would remain in place.
South Dakotans deserve confidence that our Constitution clearly protects the integrity of our elections." - Taffy Howard, State Senator
"The South Dakota Senate just sent a loud and clear message: Our elections are for citizens only! No loopholes, no gray areas—only American citizens should decide America’s future. South Dakota is one of few states leading the charge, but every state should follow suit.” - Amber Hulse, State Senator
No
"Today, under South Dakota's Constitution, only United States citizens can vote. Non-citizens cannot.
Amendment J does not solve any problems. Instead, it creates one: you, a citizen, could be denied the right to vote over a challenge to your citizenship.
The problem is what Amendment J adds—"an individual who is not a citizen of the United States is disqualified from voting"— paired with a recently enacted law. Effective July 1, 2026, any registered voter may challenge your registration by claiming you are not a citizen.
There is no simple document to prove a person is not a citizen. When a challenge is filed, the burden shifts to you to prove that you are a citizen, with no clear timeline for when your citizenship is recognized. In practice, this means a challenge from anyone could keep you from casting a timely absentee or Election Day ballot.
Amendment J was sold in the Legislature as stopping noncitizens from voting. Instead, it makes ordinary citizens prove their status—most often naturalized citizens or citizens questioned over their name or background.
Only citizens can vote in South Dakota. Amendment J does not change that, but it gives bad actors a tool to deny your vote through an unclear citizenship challenge process." - Erik Muckey, State Representative
“During that committee hearing, we were presented with different data about non-citizens and citizen voting, and to me, I didn’t see any credible evidence that non-citizens voting in South Dakota is a problem. I was disappointed in that joint resolution, because I think it was redundant. It specifies something should be illegal since, well, in my lifetime it’s been illegal." - Liz Howard, State Senator
ENDORSEMENTS
Yes
Phil Jensen (Conservative)
Tim Goodwin (Conservative)
Tina L. Mulally (Conservative)
Tony Randolph (Conservative)
Taffy Howard (Conservative)
No
Jamie Smith (Liberal)
Kadyn Wittman (Liberal)
Erik Muckey (Liberal)
Liz Larson (Other)
Erin Healy (Other)
FINANCIAL BACKING
The following information provides insight into the money being spent to pass or defeat the ballot measure.
Yes
SOUTH DAKOTA CONSTITUTIONAL AMENDMENT J, CITIZENSHIP VOTING REQUIREMENT AMENDMENT (2026)
This question is on the ballot in South Dakota as a legislatively referred constitutional amendment on November 3, 2026. As of September 7, 2026, no committee to support the amendment has been identified. Thus, there is no record of funds raised to support the amendment.
No
SOUTH DAKOTA CONSTITUTIONAL AMENDMENT J, CITIZENSHIP VOTING REQUIREMENT AMENDMENT (2026)
This question is on the ballot in South Dakota as a legislatively referred constitutional amendment on November 3, 2026. As of September 7, 2026, no committee to oppose the amendment has been identified. Thus, there is no record of funds raised to oppose the amendment.
OTHER INFORMATION
