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Unconstitutional 30-Day Residency Requirement Repeats Legislature’s 2003 Error

John Hult reminds us that South Dakota’s new anti-freedom law (2023 Senate Bill 139) requiring people to live in the state for 30 days before they can exercise their right to vote is unconstitutional. So concluded then-Secretary of State Chris Nelson and then-Attorney General Larry Long in 2004, after the Legislature passed a similar voter-residency requirement in 2003:

Twenty years ago, lawmakers passed a similar bill. The next year, on advice from then-Secretary of State Chris Nelson, legislators repealed it.

Like Johnson, Nelson was a backer of the idea of a 30-day residency requirement for South Dakota voter registration. But within months of the Nelson-backed 2003 version taking effect, he appeared before the legislature to tell them the law was unenforceable.

“After that bill was passed and everybody went home, we were contacted by some attorneys who told us that what that bill did was not lawful under federal law, and subsequent study of that issue by the Attorney General’s Office discovered that not only was it a problem under federal law, but also the federal Constitution,” Nelson said during a 2004 legislative hearing.

Nelson, now a public utilities commissioner, told South Dakota Searchlight this week that the state had been threatened with a lawsuit at the time, and that he and then-Attorney General Larry Long concluded the state couldn’t win.

To justify a durational residency requirement, court precedent suggests there must be a compelling state interest.

“Larry and I looked at it back then, and we must have concluded that we didn’t have a compelling state interest,” Nelson said [John Hult, “Auditors: New Voter Residency Rules Difficult to Manage for Local Election Officials,” South Dakota Searchlight, 2023.10.08].

I’ve advocated cracking down on the tens of thousands of RVers who pretend to live in South Dakota just to dodge state income taxes, but I’ve had to admit that infringing on the constitutional right to vote is not an acceptable way to discourage that tax-dodging. Now election-denying right-wing fanatics like Secretary of State Monae Johnson and Minnehaha County Auditor Leah Anderson are finding their efforts to disenfranchise people they deem outsiders may collide with the same Constitution that they pretend to hold dear.

And they could have avoided this collision if they had just paid attention to the leading minds of their own party and their own Legislative history.

28 Comments

  1. John 2023-10-09 07:38

    Certainly the law is unconstitutional. But that never stopped the SD legislators.
    “The legal right of a taxpayer to decrease the amount of what otherwise would be his taxes, or altogether to avoid them, by means which the law permits, cannot be doubted.” George Sutherland
    “America is a land of taxation that was founded to avoid taxation.” Laurence J. Peter

    Let the nomads be nomads. Let the nomad enjoy their self-imposed rootless hell. Let SD count them for matching federal highway funding among other population based fund matching schemes.
    “The invention of the teenager was a mistake. Once you identify a period of life in which people get to stay out late but don’t have to pay taxes–naturally, no one wants to live any other way.” Judith Martin

  2. e platypus onion 2023-10-09 08:26

    You telling me South Duhkota magats had an actual conscience at one time? I don’t believe it.

  3. Donald Pay 2023-10-09 10:00

    Here’s your Governor spending state revenue trying to encourage people to come to South Dakota to live because of, you know, FREEDOM, and what do they find when they get there? A lot of UNFREEDOM from Noem’s politician friends trying to strip people of their FREEDOM. I mean, really, can it get any more authoritarian than putting an artificial time limit on people’s right to vote?

    Doesn’t voter registration as done in South Dakota also strip people of their rights? In SD you can’t vote if you aren’t registered, but they close registration 15 days before the election and don’t have election-day registration. That seems almost as unconstitutional as the 30-day limit. States that value FREEDOM have election-day registration.

  4. Mike Lee Zitterich 2023-10-09 10:44

    the Supreme COURT had ruled years ago that States cannot place Residency Requirments on Voting Rights. But what “so called travelers” cannot do, is be DOMICILED in more than one state. While an American can have 50 State Residencies, mostly for Employment reasons, military reasons, traveling reasons, YOU can only have “1” Domicile – the Place you make your OFFICIAL HOME – the place that you place your Permanent Residence, Establish Your ties to the Community, Joining a Church, a Housing Association, a Bank, placing your Trusts.

    You can reside and work in other states, BUT, your “Income” must be deposited and held in a South Dakota Bank or Trust;

    You must place your Name on the South Dakota Master Voter File, and 100% Remove yourself from all Previous States Voter Files…

    YOU CANNOT vote in more than 1 Precinct so if you are ever found to have voted in anotehr State, “WE” the State of South Dakota must sue, you, or the previous State in order to Disqualify the ballot, etc.

    South Dakota should be suing the States of Arizona, New York, California ensuring that THEY remove all “S.D Domciled Residents” form their Voting Rolls, wher we know voter fraud has been occuring…

  5. Mike Lee Zitterich 2023-10-09 10:50

    WE close our “Voter Registrations” 15 day prior to ALL ELECTIONS so the Secretary of State and the County Auditors can verify, and ensure that that NO ONE on our Master Voter Files are registered in other states…This gives them time to go through, audit, and verify our qualified voters, thus disqualifing those who are NOT qualified to vote in South Dakota due to reasons that disqualify them. During this period of time the S.O.S should be checking Voter Lists from Arizona, New York, Florida, Texas, California to compare voter lists of states who have “Shared Residencies” due to the fact, that YOU can only vote in 1 precinct legally…Then the last step is to Print, and Publish the Voter Lists preparing the Precincts to hold our Statewide, County, or City Elections…OF course, WE SHALL NOT allow for “Same Day Registrations”…WE SHOULD NOT allow anyone to vote who cannot be verified by the SOS, which takes time, and money to achieve.

  6. larry kurtz 2023-10-09 11:22

    South Dakota should just end elections because they’re all rigged for Republican Earth haters anyway.

  7. Donald Pay 2023-10-09 11:58

    Mike Z., That is not anywhere close to reality. That is not how the system works. You may think it should work that way, but that is not what happens.

  8. larry kurtz 2023-10-09 12:08

    Zitterich doesn’t believe in reality since he thinks Donald Trump is Jesus reincarnated.

  9. Dicta 2023-10-09 13:30

    I see Mike the Deranged hasn’t held fast to yet another commitment to post less. You just can’t help yourself.

  10. Donald Pay 2023-10-09 13:39

    When I lived in North Dakota, there was no voter registration at all. You just go in to vote. In Wisconsin you can register at the polls. Some states value FREEDOM. Others value UNFREEDOM.

  11. P. Aitch 2023-10-09 15:22

    Here we witness a friend preferring to live in a perceived reality. It’s common among conservatives in rural America. Wonder why?
    – There are several reasons why some individuals might prefer to live in a perceived reality instead of facing the true nature of their circumstances. It is important to note that this preference can arise from different underlying factors varying from person to person. Here are a few common reasons:

    1. Escapism: Perceived realities can offer an escape from the difficulties and challenges of real life. When facing hardships such as stress, pain, or emotional distress, some individuals might choose to create a false reality as a way to avoid dealing with these issues directly.

    2. Fear of Confrontation: Dealing with the truth can be uncomfortable and sometimes even painful. People might choose to create a perceived reality to avoid confronting difficult truths about themselves, others, or the world around them. This can help them maintain a sense of stability and avoid potential conflicts or emotional turmoil.

    3. Self-Preservation: Creating a false reality can serve as a defense mechanism for one’s mental and emotional well-being. It allows individuals to protect themselves from negative thoughts, feelings, or experiences that they perceive as traumatic or overwhelming. By living in a perceived reality, they can maintain a sense of control and protect their sense of self.

    4. Desire for Control: In a perceived reality, individuals have the power to shape and control their world. This can provide a sense of security, as they feel they have control over their environment and can shape it according to their desires. It offers them a sense of agency and the ability to maintain a comfortable illusion of control over their lives.

    5. Wish Fulfillment: Perceived realities often provide a space for wish fulfillment, where individuals can imagine their ideal life. This can involve creating a narrative where they possess qualities or experiences they desire but may not have in reality. By living in this perceived reality, they can temporarily satisfy their unmet emotional or psychological needs.

    It is important to note that living in a perceived reality can be both unhealthy and unsustainable in the long term. While it can serve as a temporary coping mechanism, it can hinder personal growth, prevent the development of meaningful relationships, and ultimately lead to further disconnection from reality. It is essential for individuals to find healthy ways to face and address their challenges to live a more fulfilling and authentic life.

    – AI Generated
    – Prompt Engineered by P. AItch

  12. Cory Allen Heidelberger Post author | 2023-10-09 19:51

    Donald is right: same-day registration is a great expression of our belief in freedom and the right to participate in our government. Why should anyone have to wait around a month or a week or even a day to participate in community affairs?

    Verifying same-day registration eligibility is no problem if we use collaborative technology like ERIC, the multi-state voter verification system that Republicans are backing away from in their fear of real election integrity. But Mike Z and his ilk want to drown our auditors in playing with paper all year long, making voter verification less efficient and reliable.

    Liberals like Donald and me are the real defenders of election integrity. Right-wingers like Mike Z, Leah, and Monae are trying to rub out real election integrity and drive elections and voter rights into the dirt.

  13. Richard Schriever 2023-10-09 20:55

    Zitterich – SD refuses to participate in the national voter registration database/clearing house. Participation in that organization would allow INSTANT registration cross-checking with other states. But no………

  14. Mike Lee Zitterich 2023-10-10 11:10

    I am tired of being called names or attacked cause “WE” do not agree. I do everything I can, to RESPECTFULLY speak to you people. I stated my beliefs, thoughts, and reasoning, and you have to in return, show me the same respect. Sometimes, I do not think that some of you people do not understand how your words hurt others, I am so tired of seeing people wish people dead or wish bad ill onto others.

    SOUTH DAKOTA does not have to accept anything coming from Washington D.C – what part of us being a Sovereign Group of People do you not understand. Why is it so tough for many of you to understand that for many people in South Dakota, they simply want to do things the way they are accustomed to, and as they learned from cradle to grave. “WE” are a community of Pommeranian Farmers who pretty much derived from a culture of ancestors who came from Eastern Europe, many of us came from East Germany, Denmark, Hungary, Poland, Norway, Sweden, etc, ‘we share a common ancestry, bond, and culture, and are only 4 generations removed from the formation of the State of South Dakota, let alone our great-great-great-great grandparents are the very people who established Dakota Territory (1860).

    We are for the large part a group of people who also played huge role in the establishment of the Republican Party (1858), to which became the leading political belief of what became the State of South Dakota, let alone the other “States” deriving from Dakota Territory.

    We are a group of people who escaped from the far eastern areas, for the right to Self Govern ourselves, and that lack of distrust in a central, national government, led to the movement to how ‘we’ formed the basis of our own constitution, and our several chartered communities beneath the State.

    I am also tired of some of you constantly beretting people to death cause they QUESTIOKN the 2016, 2018, 2020, 2022 Elections. It is a Constitutionally protected right to question government, let alone our elections, and there is NO LAW that says “WE” have to concede the election, and there is NO LAW that says we have to give up our 4th, 5th, and 6th amendment protected rights, let alone give up our beliefs.

    I think what makes many of you people mad, is the fact that “WE” placed in our own State Constitution, that ‘we’ took an oath to our Lord, Almighty, to uphold those christian principles, in every part of our lives, both private and public, and I think it makes you upset that you cannot convince a majority of our citizens to believe as you do, so you want to flood our borders with migrants from other States, Territories, Countries to manipulate and force a different means of government.

    I have lived my entire life, both employment, as well as my business, to do the right thing, and treat people as they wish to be treated. NOT once have I ever mistreated anyone who has ever came to me to talk, to befriend each other, or to do business together, BUT yet, I am met with so much abusive, vulgar language on this page, let alone Rants and Raves of some Facebook circles….

    Democrats are no better than Republicans, and Republicans are NO better than Democrats, and until you people think as such, I do not foresee any peace between people every being achieved. I am not the one portraying hatrid on anyone, and I have tried to in a very respectful manner, make my points as nice as I can, and with as much respect as I can. And that you cannot deny.

    I am proud of my familt ancestry, I am proud of the fact that I am the son of my father, who taught me how to operate a successful, respectful, and honest business, to which we show our customers respect, and we take the time to listen to them as they ask us to help them.

    I am proud that the fact my mother, and her side of the family gave to me the ability to reason with people, let alone instill in me the morals, and guidance to trust in the Lord God, Almighty, so much so, that it helps me get through some pretty challenging times, enabling me to keep an open mind to both sides of the issues.

    NO, I do not have to accept any Federal Law I do not agree with, and NO, I do not feel South Dakota Citizens have to accept some National Voting Register, and I believe as a Sovereign, “WE” do NOT have to accept nor concede any defeat by a higher power that ‘we’ do not agree with.

    YOU all want to hate on those of us who question the 2020 Results, but yet, none of you have made any effort to audit, or to investigate, nor obtain the truth, nor the facts beyond your petty reasons to AVOID such truth. “WE” will never learn of the truth, nor the facts, cause the other side is refusing to work through, and investigate any part of the 2020 Election, so NOTHING will ever change.

    For many of you, you all use FAKE NAMES, EMAILS, and ACCOUNTS, so debating you all honestly means nothing, where you hide behind a computer screan, which does nothing but stir up hate, negative resentment by both sides….

    I have chosen to ignore the likes of Larry, Dicta, and E Platypus cause they have chosen to turn to a life of hatrid and abuse, rather than engaging in honest, respectful, meaningful dialogue. I CANNOT be a part of their little game, and I will NOT particpate in that game.

    I, Mike Zitterich, very humble, and sincerely, hereby make every effort to voice my opinions, thoughts, and beliefs to anyone who chooses to listen, and I owe my allegience to anyone who will give me the same respect in return.

  15. Dicta 2023-10-10 11:33

    You get called names because you lie CONSTANTLY, you disingenuous turd. When you make a commitment, STICK WITH IT.

    Oh no, I now have the random caps bug. Someone SEnD hElP.

  16. larry kurtz 2023-10-10 11:40

    That Zitterich is only semiliterate should surprise no one.

  17. e platypus onion 2023-10-10 12:43

    YOU all want to hate on those of us who question the 2020 Results, I only question your sanity because your side has offered zero proof of voter fraud and then you lie saying you can’t get the real evidence in court. Liar.

  18. P. Aitch 2023-10-10 13:59

    Lady Trobairitz is the formal title of my Artificial Intelligence assistant.
    “Lady T. What can we do to assist autistic people with an antagonistic demeanor?”
    – Assisting antagonistic autistic individuals requires patience, understanding, and empathy. Here are a few suggestions:

    1. Educate yourself: Learn more about autism spectrum disorder (ASD) to develop a better understanding of the challenges and unique characteristics individuals on the spectrum may face.

    2. Practice active listening: Take the time to listen attentively and validate their experiences and emotions. Showing that you genuinely care can go a long way in building trust and rapport.

    3. Establish clear boundaries: Communicate your expectations and boundaries clearly, allowing them to understand what is acceptable behavior and what is not. Consistency is key in helping them adapt to social situations.

    4. Offer support: Provide a supportive environment where they feel safe expressing their thoughts and emotions. Encourage them to share their experiences and difficulties, and offer help when needed.

    5. Implement visual aids: Visual aids, such as schedules, calendars, or visual cues, can help individuals with autism understand and navigate their environment better. These aids can also facilitate communication and reduce anxiety in social situations.

    6. Encourage self-advocacy: Help individuals with autism develop self-advocacy skills to express their needs and preferences. By empowering them, you can enable them to communicate more effectively and assertively.

    7. Foster social skills: Offer opportunities for social interaction and teach them appropriate social skills through social stories, role-playing, or structured social activities. Encourage them to practice empathy and perspective-taking to improve their understanding of others’ feelings.

    8. Collaborate with professionals: If needed, involve professionals such as therapists, counselors, or educators who specialize in autism to provide additional support and guidance.

    Remember, every individual is unique, and what works for one person may not work for another. It is essential to approach each individual with sensitivity and adapt your support to their specific needs and preferences.

  19. Mike Zitterich 2023-10-10 14:20

    NO ONE has ever heard me say whether not NOT Joe Biden won or not. ALL I have ever said, was to perform an Complete Audit and Investigation of all facts, and all data, and all things related to our elections from auditing Domaciles vs # of Residents, to determine qualified # of voters, to investigate and audit shared residency between States most likely South Dakota and Arizona, Florida, Texas, California were it is a known fact taht the two states have common residents, and I have said to audit the ballots to make sure that only legal voters voted, etc. I have been very clear in what I wanted done, and I am very clear, that WE must always be on alert for abuses, frauds, and manipulation. Both PARTIES donot want these things to occur, cause they both know they each manipulate the process to the point that fraud exists.

  20. larry kurtz 2023-10-10 14:46

    It never ceases to amuse that the same Earth hating Republicans who whine about big gubmint are the same ones who want to hire more election monitors.

  21. larry kurtz 2023-10-10 14:55

    Both Mike Lindell and Tina Peters are destined for bankruptcy because they went all in on fascism driven by Traitor Trump.

  22. Donald Pay 2023-10-10 15:13

    Mike Z., ERIC is not run by the federal government. It is run by various states who join it in order to make it easier to clean up state voter registration rolls faster and to make it easier to track and stop voter fraud. You are so badly misinformed and so wedded to an ideological cult that you can’t even see how that cult gets in the way of the very things you say you want.

    Further, what your ancestry has to do with voter registration is a mystery to everyone on this site. We all come from somewhere, and we all have ancestors. That your ancestors were Pomeranian and that you are proud of them is irrelevant.

    Regarding audits and who has or has not done anything, my county and state do post-election audits. The did that after Trump had a recount in my county and in Milwaukee County. Trump refused to pay for recounts in other counties. He had to pay because he lost by more than state law allows for a taxpayer paid recount. After the recount was tallied, Trump lost Wisconsin by more votes than he had before the recount, and it didn’t change the fact that Wisconsin’s electoral votes still went to Biden. Still, Trump refused to accept that and took up Mr. Cheesebro’s theory that Republican flunkies could submit fake electors. That was done, but the Republicans in this state are so incompetent that they sent the fraudulent elector slate to the wrong address. Sen. Ron Johnson tried to run those and Michigan fake elector slates up to Vice President Pence. I’ve been advocating for all those Republicans in Wisconsin to be charged and sent to prison for trying to steal the election from Joe Biden. Where do you stand on Trump’s attempt to steal the election? What are you doing to make sure these Republican crooks spend the rest of their lives in prison?

  23. e platypus onion 2023-10-10 15:30

    NO ONE has ever heard me say whether not NOT Joe Biden won or not. (10/10/23)

    DO NOT TRUST DEMOCRATS – they are trying to steal the ELECTION just a they did in 2020, and they will do the same in 2024 if we are not careful. (9/10/23)

    Lying that Dems stole the 2020 election is the same thing as saying Biden didn’t win. And you wonder why no one believes your lying arse.

  24. P. Aitch 2023-10-10 18:30

    Mr. Zitterich is using this blog as a no cost psychiatric session. Do y’all know about “enablers”?

  25. Cory Allen Heidelberger Post author | 2023-10-11 05:13

    Too bad we’ve let Mike and amateur psychological diagnoses pull us away from the question of residency.

    The courts have said we can’t impose residency requirements on voters in federal elections without demonstrating a compelling state interest. If Monae and Leah argue that the compelling state interest is preventing voter fraud, opponents of the residency requirement will be able to point to study after study showing infinitesimal levels of voter fraud that have never changed the outcome of a federal election in the U.S. Opponents will also be able to point to study after study, not to mention the empirical example of Tripp County, SD, that the non-electronic, paper- and eye-based methods Monae and Leah and Mike Z favor consistently produce worse results than machine counts and reviews of records. In old policy debate terms, Monae and Leah and Mike Z would lose on significance, harms, and solvency.

    Sending auditors scurrying around the county all day long playing P.I. costs a lot, produces no reliable information, addresses no extant problem, and takes them away from more important functions that would better ensure election integrity and universal voter participation. Every stamp they would burn up contacting other agencies to check residency would be better spent sending out ballots in a universal vote-by-mail program. After all, the more people you get to vote, the less likely any hypothetical voter fraud scheme will be to sway the results away from the true will of the people.

  26. Laura Sweeney 2023-12-06 04:15

    Nomadic people (RVers and travelers) were invited and encouraged to domicile in South Dakota. Many of them spend a lot of time in SD, too, where they spend money on groceries, shopping, motels, and apartment rentals, but now some people in SD want to take away their rights to vote. I thought the nomadic domicile exemplified freedom, but punishing the nomads by taking away their rights to vote would be so unjust. I hope at least that these nomads domiciled in SD can keep their rights to vote and to enjoy the State of SD where they love to return to.

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