South Dakotans approve a state constitutional ban on noncitizens voting

South Dakota voters approved a state constitutional amendment Tuesday specifying that non-U.S. citizens are disqualified from voting.

The Associated Press called the race at 12:05 a.m. Wednesday with 62% of the votes in favor of Amendment J and 38% against it. About 72% of statewide votes had been counted.

The state constitution already affirms the right of U.S. citizens to vote, while state laws criminalize noncitizens voting. Opponents said the amendment is unnecessary because of those existing provisions.

Supporters of Amendment J — including the Republican state lawmakers who placed it on the ballot — said the lack of an explicit ban in the state constitution is a loophole that local governments could exploit to allow noncitizen voting. In recent years, 21 local governments in California, Maryland and Vermont, as well as Washington, D.C., have allowed noncitizens to vote in some local elections, such as for school boards.

South Dakota is among six states this year with voter citizenship requirements on the ballot. Between 2018 and last year, states put 15 such measures on their ballots, and voters approved all 15.