12-1-4. Criteria for determining voting residence.
For the purposes of this title, the term, residence, means the place in which a person has fixed his or her habitation and to which the person, whenever absent, intends to return.
A person who has left home and gone into another state or territory or county of this state for a temporary purpose only has not changed his or her residence.
A person is considered to have gained a residence in any county or municipality of this state in which the person actually lives, if the person has no present intention of leaving.
If a person moves to another state, or to any of the other territories, with the intention of making it his or her permanent home, the person thereby loses residence in this state.
Source: SL 1973, ch 67, §1; SL 1992, ch 60, §2; SL 2003, ch 80, §1; SL 2004, ch 105, §1.
Structure South Dakota Codified Laws
Chapter 01 - General Provisions And State Board
Section 12-1-1 - Elections to which title applies.
Section 12-1-1.1 - Laws applicable to election of county officers.
Section 12-1-2 - Application to local elections.
Section 12-1-2.1 - Option to adopt campaign finance law.
Section 12-1-3 - Definition of terms used in title.
Section 12-1-3.1 - Alternative political status defined.
Section 12-1-4 - Criteria for determining voting residence.
Section 12-1-5 - State board created--Members--Terms--Vacancies--Oath.
Section 12-1-6 - Per diem and expenses.
Section 12-1-7 - Assistance by secretary of state's office.
Section 12-1-8 - Legal assistance to board.
Section 12-1-9 - Rule-making power of board.
Section 12-1-10 - Recommendations to secretary of state.
Section 12-1-12 - Political party office prohibited in county courthouse.
Section 12-1-13 - Challenge to petition signatures or declaration of candidacy.
Section 12-1-15 - Notification of candidate or sponsor if petition declared invalid.
Section 12-1-16 - Other legal remedies to challenge petition not precluded.
Section 12-1-17 - Computation of time allowed for election notice or filing.
Section 12-1-18 - Time when petition may be circulated.
Section 12-1-21 - Complaints filed under the Help America Vote Act.
Section 12-1-23 - Time and place of hearing--Notice to parties.
Section 12-1-24 - Subpoena issued by arbitrator--Service and enforcement.
Section 12-1-25 - Depositions permitted by arbitrators--Compelling testimony.
Section 12-1-26 - Evidence presented by parties--Cross-examination.
Section 12-1-27 - Adjournment or postponement of hearing--Failure of party to appear.
Section 12-1-28 - Issuance of resolution--Delivery to parties.
Section 12-1-29 - Payment of expenses of proceedings.
Section 12-1-30 - Grounds to vacate resolution--New arbitrator.
Section 12-1-31 - Invalid candidacy on nominating petition--Vacancy after primary election.
Section 12-1-33 - Exception for registered sex offender circulating petition under supervision.
Section 12-1-36 - Verification of signatures on nominating petitions by random sampling.
Section 12-1-38 - Circuit court challenge not affected by random sampling.