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Can you vote with a felony in South Dakota?

The short answer

After the sentence.

In South Dakota, a felony takes away the right to vote through prison, parole and probation. It comes back once the whole sentence is complete.

In South Dakota, people serving a sentence for a felony conviction from a state or federal court, including time on parole or on probation after the court imposes a sentence and suspends its execution, are removed from the voter rolls and can't register. They become eligible to register again once the sentence is complete. A person who receives a suspended imposition of sentence, where the court does not enter a judgment of conviction, does not lose the right to vote.1,4,5,6

Checked October 22, 2026 against 9 sources, starting with South Dakota law, then by a second reader.

  1. In prison for a felonyCan't vote1,6
  2. On paroleCan't vote1,6,7
  3. On probationCan't vote1,4,6
  4. Sentence completeCan vote after registering again2,6,7
Check with South Dakota's election office

Before you register

Your state or county election office can confirm your own status, for free. Voting while ineligible can carry criminal penalties, so if anything about your case is unclear, ask them first. The general election is November 3, 2026; registration deadlines are on vote.gov.

How the right comes back

Automatically

The Secretary of State says a person "becomes eligible to register to vote upon completion of his or her sentence." No application is needed, but because the person was removed from the voter registration records (SDCL 12-4-18), they have to register again, and the registration form requires a sworn statement that the applicant "is not currently serving a sentence for a felony conviction" (SDCL 12-4-1.2). The Attorney General's Official Opinion 05-01 (2005, written under earlier wording of SDCL 12-4-18) says it is discharge from the sentence, not release from prison, that controls, that a suspended execution of sentence is a felony conviction that costs the right to vote until the original sentence ends, and that a suspended imposition of sentence is not a conviction.2,6,7

Fines, fees and restitution

Not confirmed

The statutes and the Secretary of State's page tie eligibility to completing the sentence. Neither says whether unpaid fines, costs or restitution keep a sentence from being complete.

Registering again

Yes

Once the right is back, South Dakota requires a new voter registration before voting.1,6

Misdemeanors and jail

The official sources opened mention only felony convictions; none says a misdemeanor conviction affects voting.2

The official sources opened don't address people held in jail before trial. The removal rule applies to people serving a sentence for a felony conviction.

Convictions from another state or federal court

The Secretary of State's page covers felony convictions "in either federal or state court", and SDCL 12-4-18 directs county auditors to remove people sentenced to imprisonment in the federal penitentiary system. Convictions from other states are not separately addressed.1,6

The law

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This page explains South Dakota's general rules from its law and election office. It isn't legal advice, and a case can turn on the details of a sentence. The election office can confirm your status.

Spot something out of date? Tell us at contact@secondchanceindex.com.

Cite this page

Second Chance Index, "Can you vote with a felony in South Dakota?" https://secondchanceindex.com/voting-rights/south-dakota, checked October 22, 2026.

Sources

Each source was opened and checked on October 22, 2026.

  1. SDCL 12-4-18
  2. SDCL 12-4-1.2(5)
  3. SDCL 23A-27-35
  4. SDCL 23A-27-13 (suspended imposition of sentence)
  5. SDCL 23A-27-18 (suspended execution of sentence)
  6. Felony ConvictionsSouth Dakota Secretary of State
  7. Official Opinion No. 05-01, Voting Eligibility of a Convicted Felon (February 7, 2005)South Dakota Attorney General
  8. 2012 House Bill 1247 (voting rights of persons convicted of a felony or serving time in the state penitentiary), introduced text with changes markedSouth Dakota Legislature
  9. 2026 Ballot Questions (Potential 2026 Ballot Questions and 2026 General Election Ballot Measures)South Dakota Secretary of State