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Voting rights, First Amendment issues expected to be battles in Pierre

Brent Duerre

Bills are being filed and soon the state Capitol will come to life for the 2026 legislative session. Beyond the legislators, lobbyists are also preparing their priorities.

One lobbying organization, the ACLU of South Dakota, has several key priorities heading to Pierre.

Samantha Chapman is the group’s advocacy manager. She said her organization is troubled by a proposal that would allow challenges to a voter based on citizenship.

“The concern there is that who is to say, based on appearance, whether or not somebody is a US citizen," Chapman asks. "If now we have a law in South Dakota allowing anybody to challenge voters they think might not be US citizens, it’s going to open the door for racial profiling at the polls. It’s going to discourage people from voting if they think they’re going to be harassed.”

In the entirety history of statehood, South Dakota has only allowed US citizens to vote under penalty of law.

Another concern is connected to proposals seen in Texas and South Carolina that seek to criminalize websites seeking information tied to abortion care. Chapman said the concept, while already being nearly impossible to enforce, chills free speech.

“In other states, what we have seen is grave concern to First Amendment protections for speech," Chapman said. "Even though abortion is banned in South Dakota, people are still free to talk about it. It’s free speech.”

Reproductive rights were already in the spotlight last month when an ad campaign linked South Dakotans to abortion and gender-affirming care options available online.

Chapman said any one voice could have an immediate impact on the people of the state.

“The Capitol in Pierre is the peoples' house, and anybody is welcome to come to the Capitol and advocate for their positions on pending legislation at any time," Chapman said. "We hear a lot about people calling (Sen.) Thune’s office, calling (Sen.) Rounds’ office, calling (Rep.) Johnson’s office. At the end of the day, they are responsible for nearly one million constituents. Whereas our state legislators are responsible for anywhere between 3,000 and 13,000 voters.”

Legislative session begins January 13 in Pierre. SDPB will provide coverage of every committee hearing and House and Senate floors for the entire session through journalism and livestreams found here.

C.J. Keene is a Rapid City-based journalist covering politics, the court system, education, and culture.