(SOUTH DAKOTA) — Senate Bill 175, known as “Carley’s Bill,” is designed to require people to prove citizenship to vote by providing documentary proof of U.S. citizenship when registering. If it becomes law, it would change the front-end process for many eligible voters, especially naturalized citizens, people born outside hospitals, and anyone whose name or records do not match across documents.
Below is a practical, verification-focused guide to what SB 175 would do, how proof-of-citizenship systems usually work, and what to prepare if you may need to show documents to register.
Warning: SB 175 has passed the South Dakota Senate, but implementation depends on House action, the governor’s decision, and election-official guidance. Confirm current status before taking action.
1) What Carley’s Bill (Senate Bill 175) does, and where it stands
Carley’s Bill / Senate Bill 175 would require South Dakota voter registration applications to include documentary proof of U.S. citizenship. The South Dakota Senate passed the bill on Feb. 20, 2026, by a wide margin. Passage in one chamber typically signals that the bill moves to House consideration, followed by potential gubernatorial action and, if enacted, administrative planning by election officials.
SB 175 also introduces a Class 5 felony concept for noncitizens attempting to vote. In practice, election-law enforcement usually involves several steps. It often begins with a referral from an election office, audit, or complaint. It may be followed by an investigation and then a prosecutor’s charging decision. Prosecutorial discretion and the available evidence can matter.
Plain-language definitions:
- Documentary proof of citizenship: A paper record showing you are a U.S. citizen, not just that you live in the state or have an ID.
- Naturalized citizen: A person who became a U.S. citizen through the USCIS naturalization process.
- Noncitizen: Anyone who is not a U.S. citizen. This includes lawful permanent residents (green card holders), refugees, and many visa holders.
2) Federal context: the SAVE America Act and why it matters for states
South Dakota’s proposal sits within a wider national push for proof-of-citizenship style rules. In Congress, the SAVE America Act (H.R. 7296 / S. 1383) would aim to set more uniform expectations for verifying eligibility in federal elections. Even when elections are administered locally, federal standards can shape what states must collect, how they must verify, and what counts as acceptable documentation.
This is where friction often arises for eligible voters. Many citizens do not have immediate access to a passport, certified birth record, or a replacement naturalization certificate. Name changes after marriage or divorce can also create mismatches. Replacement documents can take time.
Federal “Senate math” and executive-branch positions are also consequential. A bill can pass the House yet stall in the Senate, or be reshaped by negotiations. Agency priorities can affect how verification tools operate day-to-day.
3) What federal agencies are saying and doing (DHS/USCIS) — and why immigrants should pay attention
Although states administer elections, recent statements suggest a more visible federal posture on election-related verification.
DHS Secretary Kristi Noem said publicly that DHS has authorities affecting election oversight, even while states hold primary responsibility. Separately, USCIS leadership has described a rapid rollout of changes to SAVE.
What is SAVE? The Systematic Alien Verification for Entitlements (SAVE) program is a USCIS-run database used by government agencies to check immigration or citizenship status for benefit eligibility. SAVE is commonly used in contexts like public benefits and licensing. Some jurisdictions also use it for eligibility checks tied to voter rolls. SAVE generally verifies lawful status or citizenship indicators based on immigration records. It is not the same as a voter-registration system.
Another development involves internal DHS directives affecting refugees and other noncitizens. A reported internal memo instructs detention and re-screening actions for certain refugees who have not adjusted status on a particular timeline. These enforcement choices can create downstream consequences, including detention risk, interrupted work authorization planning, and delayed adjustment strategies.
Immigration-status categories matter here:
- Lawful permanent resident (LPR): A green card holder. LPRs are not eligible to vote in federal or state elections.
- Refugee: Admitted for humanitarian protection. Refugees are not citizens on arrival. Many later apply for a green card under INA § 209.
4) How proof-of-citizenship rules typically work (and where people get tripped up)
Proof-of-citizenship systems typically have three moving parts: (1) document collection, (2) document review, and (3) follow-up when something does not match.
In many states, “proof” usually means a document that shows citizenship on its face, such as a U.S. birth record, a U.S. passport, or a certificate of naturalization or citizenship. Election offices may specify whether they require an original, a certified copy, or an acceptable copy format. They may also require that the name on the proof matches the registration record.
Common real-world issues:
- Name mismatches after marriage, divorce, adoption, or clerical errors
- Inconsistent dates or spellings across records
- Delayed replacement documents, especially for naturalization paperwork
- Assuming a driver’s license proves citizenship, when it usually proves identity and residency only
Operation PARRIS (Post-Admission Refugee Reverification and Integrity Strengthening) has also been cited in the broader enforcement narrative. While it is not a voting program, it reflects how verification and enforcement themes can intersect. That intersection can raise anxiety in immigrant communities. It can also lead to mistakes, such as people avoiding legitimate government processes.
Warning: Noncitizens should not attempt to register or vote. Even inadvertent errors can trigger immigration consequences. Seek legal counsel immediately if you are contacted about alleged voting or registration issues.
5) Step-by-step process: how to prepare to prove citizenship to vote (and what to do if you can’t)
This process is designed to help eligible voters prepare documents and avoid delays if SB 175 (or similar rules) become effective.
1. Confirm what rule applies to you and when
Documents to gather: None yet. Start by confirming whether SB 175 is enacted and effective, and whether it applies to new registrations, updates, or both.
Timeline: Legislative timelines vary. Implementation can take weeks to months after enactment.
Decision point: If the bill is not in effect, your current registration rules may still apply.
2. Identify your citizenship pathway and likely proof
Documents:
- If born in the U.S.: birth record (often a certified birth certificate) or U.S. passport.
- If naturalized: Certificate of Naturalization (typically Form N-550/N-570) or U.S. passport.
- If derived citizenship (citizenship through a parent): you may need a Certificate of Citizenship (often Form N-560/N-561) or a U.S. passport plus underlying records.
Timeline: If you already have a valid passport, that can be the fastest option for proof. If you need replacements, expect longer waits.
3. Check name consistency before you submit anything
Documents: Marriage certificate, divorce decree, court name-change order, amended birth record, or other civil records.
Common mistake: Submitting proof in a prior name without including the linking document. This can cause rejection or a request for more evidence.
4. If you need a replacement citizenship document, request it early
Documents/forms (USCIS):
- Form N-565 (replacement naturalization/citizenship document), if appropriate.
- For a passport, consult the Department of State for the correct forms and requirements.
Timeline: Replacement processing times can be lengthy. Backlogs can create significant delays.
Decision point: Some voters may choose to rely on a passport instead of waiting for a replacement certificate, if eligible and time allows.
Deadline watch: If you have an election or registration cutoff approaching, start document replacement steps as early as possible. Waiting can eliminate options.
5. Submit registration with the format your election office accepts
Documents: The proof-of-citizenship document in the acceptable format (original, certified copy, or approved copy). Confirm whether in-person presentation is required.
Common mistake: Submitting an unofficial copy, a hospital “souvenir” birth certificate, or a non-citizenship document.
6. Respond quickly if your registration is flagged
Documents: Whatever the election office requests, often a clearer copy, a certified record, or a name-change link.
Timeline: Cure periods are often short. Delays can lead to missed elections.
7. If you are a noncitizen and receive voting-related allegations, get legal help immediately
Voting-related allegations can trigger immigration consequences, including inadmissibility issues. These are technical and case-specific. Relief options depend on status and history. For example, adjustment of status rules vary by category under INA § 245, and refugees often adjust under INA § 209. Consult counsel before making statements.
6) Where to verify SB 175, federal bills, and agency updates (primary sources)
To avoid misinformation, verify through official sources:
- South Dakota Legislature (SB 175 status and text)
- Congress.gov (SAVE America Act H.R. 7296 actions and text)
- USCIS Newsroom (SAVE program updates, USCIS announcements)
- DHS News (press releases and official statements)
For implementation details, contact your local county election office. Ask what formats are accepted and how to resolve a mismatch.
⚖️ Legal Disclaimer: This article provides general information about immigration law and is not legal advice. Immigration cases are highly fact-specific, and laws vary by jurisdiction. Consult a qualified immigration attorney for advice about your specific situation.
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