The systematic purge of 273 South Dakotans from the state’s voter registration rolls this week not only violates the National Voter Registration Act, but also carries the weight of potentially disenfranchising naturalized U.S. citizens who are legally eligible to vote.
That’s why the ACLU of South Dakota is asking Secretary of State Monae Johnson for greater transparency regarding the circumstances surrounding their removal from the voter registration rolls and to immediately reinstate the voting rights of eligible voters.
To prevent states from disenfranchising eligible voters, the National Voter Registration Act prohibits the conduct of systematic voter list maintenance “within 90 days preceding an election for federal office.” The removal of ineligible voters is permitted but must be based on individualized information or an investigation.
“Voting is a sacred right and responsibility that is bestowed to American citizens — including naturalized American citizens. While the state can make individualized inquiries into specific voters with evidence to support its claims that an individual is not legally eligible to vote, it cannot enact blanket purges based on potentially inaccurate databases this close to the election,” said Samantha Chapman, ACLU of South Dakota advocacy manager. “The risk of disenfranchising eligible voters at this late stage is simply too high when voters have a mere 13 days before the voter registration deadline.”
Instead of protecting Americans’ freedom, the state of South Dakota is using flawed and outdated data to illegally purge voters right before the 2024 Election.
“The speedy reinstatement of these eligible voters is urgent as we quickly approach the November election,” Chapman said. “Each passing day restricts the options available to affected voters and unfairly denies them methods of voting that would otherwise be available to them.”
Erroneously flagging legal voters as noncitizens can occur when outdated information is obtained. South Dakota driver’s licenses, for instance, are available to noncitizens who are lawful permanent residents and can remain valid for five years. This means people who obtained their driver’s licenses as noncitizens, subsequently became naturalized U.S. citizens and then lawfully registered to vote have unlawfully been purged from the voter rolls based on outdated information.
There has been no evidence of widespread noncitizen voting in elections across the country, even as some have ramped up unproven claims. But power-hungry elected officials are still sowing fear and distrust in the electoral process.
“Year after year, our elections have proven to be safe and secure and still, there is a concerted, nefarious effort by state officials to purge eligible citizens from the rolls based on stale data and dangerous lies,” Chapman said. “It's irresponsible for politicians and others to be fanning the flames of misinformation and undermining trust in our elections. South Dakotans need to know that all eligible voters can have their voices heard at the ballot box. The ACLU will continue to work to ensure voters are protected from those who seek to spread lies and distrust in our elections."
South Dakota’s voter registration deadline for the Nov. 5 election is Oct. 21. Voters with questions about their voter registration or any aspect of voting should contact the nonpartisan Election Protection hotlines:
- 866-OUR-VOTE (English)
- 888-VE-Y-VOTA (Spanish)
- 844-YALLA-US (Arabic)
- 888-API-VOTE (Bengali, Cantonese, Hindi, Korean, Mandarin, Punjabi, Tagalog, Urdu, Vietnamese)
About the ACLU of South Dakota
The American Civil Liberties Union of South Dakota is a non-partisan, nonprofit organization dedicated to the preservation and enhancement of civil liberties and civil rights. The ACLU of South Dakota is part of a three-state chapter that also includes North Dakota and Wyoming. The team in South Dakota is supported by staff in those states.
The ACLU believes freedoms of press, speech, assembly, and religion, and the rights to due process, equal protection and privacy, are fundamental to a free people. In addition, the ACLU seeks to advance constitutional protections for groups traditionally denied their rights, including people of color, women, and the LGBTQ communities. The ACLU of South Dakota carries out its work through selective litigation, lobbying at the state and local level, and through public education and awareness of what the Bill of Rights means for the people of South Dakota.
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