South Dakota's Democracy Profile

Quick Facts About South Dakota

Total Eligible Voting Population in 2025

681,957

United States Election Project

Turnout by % of Eligible Voters in 2024

64%

United States Election Project

Number of House Seats in 2026

2024 Presidential Vote %

South Dakota's Democracy Score

Overall Score

8/36.5

Low

Who Votes -0.5/11

Voter Registration

-1/5

Negative

Representation & Participation

0.5/6

Low

How to Vote 3/12

Voting in Person

3/6

Medium

Voting by Mail

0/6

Low

Protecting the Vote 5.5/13.5

Election Security

4/7

Medium

Independence & Integrity

1.5/6.5

Low

Learn More

Methodology

Snapshot: Democracy Scores by State

Policy Score FAQ

South Dakota's Democracy and Election Laws and Policies

Click on each issue for more information and to see where the state fits into the national landscape.

key

Who votes

Voter Registration	Score
Voter Registration	Law Exists?	Score
Automatic Voter Registration		0/1
Negative Law: Voter Roll Purges Based Soley on Infrequent Voting	Negative Law	-1/-1
Negative Law: State has a proof of citizenship requirement for registration	No Negative Law	0/-1
Online Voter Registration		0/1
Registration Deadlines		0.5/1
Membership in Electronic Registration Information Center (ERIC)		0/1
Negative Law: Restrictions on Voter Registration Drives	Negative Law	-0.5/-1
Voter Preregistration		0/1
Voter Registration Total	-1/5

Representation & Participation	Score
Representation & Participation	Law Exists?	Score
Direct Citizen Initiative Process		1/1
Native American Voting Protections		0/1
Partisanship of State Primary Election Systems		0/1
Voter Registration Rates		0/1
Voter Turnout Percentage		0.5/1
Voting Rights for Formerly Incarcerated People		-1/1
Representation & Participation Total	0.5/6

How to Vote

Voting in Person	Score
Voting in Person	Law Exists?	Score
Curbside Voting for Voters with Disabilities		0/1
Election Day Holidays and Paid Time Off to Vote		0.5/1
Adequate Early Voting Period		1/1
Negative Law: Voting Wait Time and Line Length	No Negative Law	0/-1
Provisional Ballot Availability & Counting Procedures		0/1
Availability of Vote Centers (county wide polling places)		1/1
Voter Identification Requirements for In-Person Voting		0.5/1
Voting in Person Total	3/6

Voting by Mail	Score
Voting by Mail	Law Exists?	Score
Availability of No-Excuse Absentee Voting		1/1
All-Mail Voting States		0/1
Negative Law: Added Requirements to Return Absentee Ballots	No Negative Law	0/-1
Negative Law: Third Party Ballot Collection Policies	Negative Law	-1/-1
Ballot Drop Box Policies & Availability		-1/1
Mail Ballot Receipt Deadlines		0.5/0.5
Prepaid Ballot Postage		0/0.5
Online Absentee Ballot Application Availability		0/1
Permanent Absentee Voter List Availability		0.5/1
Voting by Mail Total	0/6

Protecting the Vote

Election Security	Score
Election Security	Law Exists?	Score
Ballot & Signature Cure Availability (Opportunity for Voter to Correct Errors)		0/1
Protections Against Election Disinformation		0/1
Ballot Tracking for Mail Voting		1/1
Absentee/Mail Ballot Verification		1/1
Security of Voting Machines (Hand Marked Paper Ballots)		1/1
Post-Election Audits Required		1/1
Risk-Limiting Audits		0/1
Election Security Total	4/7

Election Independence	Score
Election Independence	Law Exists?	Score
Negative Law: Election Officials Face Threats of Undue Criminal Penalties/Fines	No Negative Law	0/-1
Negative Law: State Legislature Interference in Elections	No Negative Law	0/-1
Efficient Absentee/Mail Ballot Processing		0/1
Guns in Polling Places		0/1
State Voting Rights Acts		0/1
"Voter Intent" Laws to Standardize Ballot Interpretation		0.5/0.5
Independence of State Congressional Redistricting		1/1
Nonpartisan Election Observation Policies		1/1
Negative Law: Bans on Private Funding of Election Offices	Negative Law	-1/-1
Laws Protecting Election Officials Against Threats		0/1
Election Independence Total	1.5/6.5

	Sexual Orientation Score	Gender Identity Score	Overall Score
High (75-100% of total points possible)	17.25+	19.5+	36.75+
Medium (50-74.9% of total points possible)	11.5 to 17	13 to 19.25	24.5 to 36.5
Fair (25-49.9% of total points possible)	5.75 to 11.25	6 to 12.75	12.25 to 24.25
Low (0-24.9% of total points possible)	0 to 5.5	0 to 5.75	0 to 12
Negative (<0 points)	<0	<0	<0
Total points possible	23	26	49

Marriage Recognition	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
As a result of the 2015 U.S. Supreme Court decision in Obergefell, same-sex couples can marry nationwide and states must extend all the rights and benefits of marriage to same-sex couples. As a result, the following benefits are available to all married same-sex couples on the same basis they are available to married different-sex couples: Marriage for Same-Sex Couples Medical Decision-Making Authority for Married Same-Sex Couples Stepparent Adoption for Married Same-Sex Couples Joint Adoption for Married Same-Sex Couples		1
Second-Parent Adoption for Unmarried Couples	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
Second-parent adoption laws permit a parent in a relationship to adopt their partner’s child and become a legal parent of that child, giving the child two legal parents and giving both parents legal rights. LGBTQ people often create families in diverse ways, including outside of legal marriage, so these laws help protect LGBTQ parents’ rights without requiring legal marriage.	Only parents in legally recognized relationships can petition to adopt their partner’s child.	0	These laws permit adoption of a child by a second parent who is not married to the child’s parent, irrespective of one’s gender identity. Therefore, enumerating gender identity is outside of the scope of these laws.
	Parents can petition for second-parent or stepparent adoption statewide irrespective of parents' marital status or legal recognition of their relationship.	0
Confirmatory Adoption	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
A confirmatory adoption is a streamlined process established by law to confirm a parent’s existing legal relationship to a child. The parent may have established parentage through other means, but completing the confirmatory adoption process results in a formal adoption decree. Other means of establishing parentage can include the marital presumption (the presumption that married parents are the parents of a child born during their marriage), the holding out presumption (the presumption that if a person acted as a parent to a child, such as by providing a home and raising them, then they are a parent), or as someone who intended to parent a child born through assisted reproduction. In the streamlined confirmatory adoption process, the home study or background check requirements associated with other types of adoptions are not required.	Confirmatory adoption is not available.	0
	Confirmatory adoption is available.	1
Voluntary Acknowledgment of Parentage	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
For most children born to unmarried parents, legal recognition of parentage is established through the “voluntary acknowledgment of parentage” (VAP), a legal document typically completed at the hospital at the time of the child’s birth. There are no costs associated with it, and once it takes effect, it is the legal equivalent of a court decree of parentage and, under federal law, must be respected across state lines and in all jurisdictions. However, in many states, only men who are believed to be the genetic father of the child in question are permitted to sign VAPs. As a result, many LGBTQ families face obstacles to this pathway to parental recognition. Now, a growing number of states are updating their parenting laws to ensure that any parent—regardless of their gender, sexual orientation, or genetic relationship to the child—can sign a VAP and have their parental relationship legally recognized and protected.	State has not yet expanded access of Voluntary Acknowledgment of Parentage (VAP)	0
	State has Voluntary Acknowledgment of Parentage (VAP) that is explicitly available to non-genetic and LGBTQ parents	1
Family Services Nondiscrimination Laws	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
Adoption nondiscrimination policies protect LGBTQ parents from discrimination by adoption agencies and officials. In combination with foster care nondiscrimination, this creates a full point for family services nondiscrimination policy.	Adoption nondiscrimination protections do not enumerate sexual orientation.	0	Adoption nondiscrimination protections do not enumerate gender identity.	0
	State law, regulation, or agency policy prohibits discrimination in adoption based on sexual orientation of parent(s).	1	State law, regulation, or agency policy prohibits discrimination in adoption based on gender identity of parent(s).	1
Family Services Nondiscrimination Protections for LGBTQ Parents: Foster Care	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
Foster care nondiscrimination policies protect LGBTQ foster parents from discrimination by foster care agencies and officials. In combination with adoption nondiscrimination, this creates a full point for family services nondiscrimination policy.	Foster care nondiscrimination protections do not enumerate sexual orientation.	0	Foster care nondiscrimination protections do not enumerate gender identity.	0
	State law, regulation, or agency policy prohibits discrimination in foster care based on sexual orientation of parent(s).	1	State law, regulation, or agency policy prohibits discrimination in foster care based on gender identity of parent(s).	0.5
Legal Recognition for Parents Using Assisted Reproduction	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
These laws apply when a child is conceived through donor insemination and other forms of assisted reproduction. These laws grant legal parenting rights to the non-gestational, non-genetic parent (just as a woman’s husband would be a legal parent of a child they have using donor insemination even though he is not the biological father). In some states, being a married is not a legal requirement for parental recognition of a non-gestational, non-genetic parent. The process of “consenting to inseminate” allows parents in some states a way to establish a legal relationship to the child irrespective of the parents’ marital status.	State lacks clear mechanisms to create legal ties between a non-gestational, non-genetic parent and a child born via donor insemination.	0	Historically, parents using donor insemination are not denied legal recognition because they are transgender, but because they are part of (or perceived to be part of) a same-sex couple. Therefore, enumerating gender identity is outside of the scope of these laws.
	State law recognizes the non-gestational parent as a legal parent, regardless of marital status, if the non-gestational parent consents to the process by which a child is conceived via donor insemination or other assisted reproduction.	1
State Family Leave Laws: Definitions of Spouse/Partner	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
State family leave laws allow a person to take leave from work to care for their family members, including a spouse or partner. Some laws allow the worker to take leave for a partner only if they are in a legally recognized relationship (i.e. marriage) to the person who needs care. Other family leave laws use broader definitions of spouse or partner that better reflect the varied ways that LGBTQ people create family, including outside of legal marriage.	State lacks a family leave law entirely.	0	Although transgender people may be (or be considered to be) in a same-sex relationship and benefit from family leave, historically these laws’ definitions of family have the effect of recognizing or not recognizing a same-sex partner or spouse because both parties are the same sex, not because one of the parties is transgender. Therefore, enumerating gender identity is outside of the scope of these laws.
	State law grants workers leave to care for a partner, but only if the couple is in a legally recognized relationship.	0.25
	State law grants workers leave to care for a partner, even if the couple is not in a legally recognized relationship.	0.5
State Family Leave Laws: Definitions of Child/Parent	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
State family leave laws allow a person to take leave from work to care for a child. Barriers to parental recognition for LGBTQ people raising children often mean that one parent lacks legal ties to the child or children they are raising. Additionally, LGBTQ people create families in many ways, and some LGBTQ workers may not have legal or biological relationships to their children. Parents who are not legal or biological parents may be denied this leave unless the state law uses broader definitions of children or parenting that recognizes these varied ways of family building.	State lacks a family leave law entirely.	0	In the domain of family leave laws, LGBTQ parents’ struggles to gain legal ties to the children they are raising, and thus be recognized under state family leave laws, stem from lack of recognition of parents who are part of a same-sex couple, rather than because a parent is transgender. Therefore, enumerating gender identity is outside the scope of these laws.
	State law grants workers leave to care for a child for whom the worker is parenting, but only if the worker has a legal or biological relationship to the child.	0.25
	State law grants workers leave to care for a child for whom the worker is parenting, even if the worker lacks a legal or biological relationship to the child.	0.5
Relationship and Parental Recognition (Tallies for Sexual Orientation and Gender Identity)	7		1.5
Relationship and Parental Recognition Total	8.5

Marriage Recognition	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
As a result of the 2015 U.S. Supreme Court decision in Obergefell, same-sex couples can marry nationwide and states must extend all the rights and benefits of marriage to same-sex couples. As a result, the following benefits are available to all married same-sex couples on the same basis they are available to married different-sex couples: Marriage for Same-Sex Couples Medical Decision-Making Authority for Married Same-Sex Couples Stepparent Adoption for Married Same-Sex Couples Joint Adoption for Married Same-Sex Couples		1
Second-Parent Adoption for Unmarried Couples	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
Second-parent adoption laws permit a parent in a relationship to adopt their partner's child and become a legal parent of that child, giving the child two legal parents and giving both parents legal rights. LGBTQ people often create families in diverse ways, including outside of legal marriage, so these laws help protect LGBTQ parents’ rights without requiring legal marriage.	Only parents in legally recognized relationships can petition to adopt their partner’s child.	0	These laws permit adoption of a child by a second parent who is not married to the child’s parent, irrespective of one’s gender identity. Therefore, enumerating gender identity is outside of the scope of these laws.
	Parents can petition for second-parent or stepparent adoption statewide irrespective of parents' marital status or legal recognition of their relationship.	1
Confirmatory Adoption	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
A confirmatory adoption is a streamlined process established by law to confirm a parent’s existing legal relationship to a child. The parent may have established parentage through other means, but completing the confirmatory adoption process results in a formal adoption decree. Other means of establishing parentage can include the marital presumption (the presumption that married parents are the parents of a child born during their marriage), the holding out presumption (the presumption that if a person acted as a parent to a child, such as by providing a home and raising them, then they are a parent), or as someone who intended to parent a child born through assisted reproduction. In the streamlined confirmatory adoption process, the home study or background check requirements associated with other types of adoptions are not required.	Confirmatory adoption is not available.	0
	Confirmatory adoption is available.	1
Voluntary Acknowledgment of Parentage	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
For most children born to unmarried parents, legal recognition of parentage is established through the “voluntary acknowledgment of parentage” (VAP), a legal document typically completed at the hospital at the time of the child’s birth. There are no costs associated with it, and once it takes effect, it is the legal equivalent of a court decree of parentage and, under federal law, must be respected across state lines and in all jurisdictions. However, in many states, only men who are believed to be the genetic father of the child in question are permitted to sign VAPs. As a result, many LGBTQ families face obstacles to this pathway to parental recognition. Now, a growing number of states are updating their parenting laws to ensure that any parent—regardless of their gender, sexual orientation, or genetic relationship to the child—can sign a VAP and have their parental relationship legally recognized and protected.	State has not yet expanded access of Voluntary Acknowledgment of Parentage (VAP)	0
	State has Voluntary Acknowledgment of Parentage (VAP) that is explicitly available to non-genetic and LGBTQ parents	1
Family Services Nondiscrimination Protections for LGBTQ Parents: Adoption	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
Adoption nondiscrimination policies protect LGBTQ parents from discrimination by adoption agencies and officials. In combination with foster care nondiscrimination, this creates a full point for family services nondiscrimination policy.	Adoption nondiscrimination protections do not enumerate sexual orientation.	0	Adoption nondiscrimination protections do not enumerate gender identity.	0
	State law, regulation, or agency policy prohibits discrimination in adoption based on sexual orientation of parent(s).	0.5	State law, regulation, or agency policy prohibits discrimination in adoption based on gender identity of parent(s).	0.5
Family Services Nondiscrimination Protections for LGBTQ Parents: Foster Care	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
Foster care nondiscrimination policies protect LGBTQ foster parents from discrimination by foster care agencies and officials. In combination with adoption nondiscrimination, this creates a full point for family services nondiscrimination policy.	Foster care nondiscrimination protections do not enumerate sexual orientation.	0	Foster care nondiscrimination protections do not enumerate gender identity.	0
	State law, regulation, or agency policy prohibits discrimination in foster care based on sexual orientation of parent(s).	0.5	State law, regulation, or agency policy prohibits discrimination in foster care based on gender identity of parent(s).	0.5
Legal Recognition for Parents Using Assisted Reproduction	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
These laws apply when a child is conceived through donor insemination and other forms of assisted reproduction. These laws grant legal parenting rights to the non-gestational, non-genetic parent (just as a woman’s husband would be a legal parent of a child they have using donor insemination even though he is not the biological father). In some states, being a married is not a legal requirement for parental recognition of a non-gestational, non-genetic parent. The process of “consenting to inseminate” allows parents in some states a way to establish a legal relationship to the child irrespective of the parents’ marital status.	State lacks clear mechanisms to create legal ties between a non-gestational, non-genetic parent and a child born via donor insemination.	0	Historically, parents using donor insemination are not denied legal recognition because they are transgender, but because they are part of (or perceived to be part of) a same-sex couple. Therefore, enumerating gender identity is outside of the scope of these laws.
	State law recognizes the non-gestational parent as a legal parent, regardless of marital status, if the non-gestational parent consents to the process by which a child is conceived via donor insemination or other assisted reproduction.	1
State Family Leave Laws: Definitions of Spouse/Partner	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
State family leave laws allow a person to take leave from work to care for their family members, including a spouse or partner. Some laws allow the worker to take leave for a partner only if they are in a legally recognized relationship (i.e. marriage) to the person who needs care. Other family leave laws use broader definitions of spouse or partner that better reflect the varied ways that LGBTQ people create family, including outside of legal marriage.	State lacks a family leave law entirely.	0	Although transgender people may be (or be considered to be) in a same-sex relationship and benefit from family leave, historically these laws’ definitions of family have the effect of recognizing or not recognizing a same-sex partner or spouse because both parties are the same sex, not because one of the parties is transgender. Therefore, enumerating gender identity is outside of the scope of these laws.
	State law grants workers leave to care for a partner, but only if the couple is in a legally recognized relationship.	0.25
	State law grants workers leave to care for a partner, even if the couple is not in a legally recognized relationship.	0.5
State Family Leave Laws: Definitions of Child/Parent	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
State family leave laws allow a person to take leave from work to care for a child. Barriers to parental recognition for LGBTQ people raising children often mean that one parent lacks legal ties to the child or children they are raising. Additionally, LGBTQ people create families in many ways, and some LGBTQ workers may not have legal or biological relationships to their children. Parents who are not legal or biological parents may be denied this leave unless the state law uses broader definitions of children or parenting that recognizes these varied ways of family building.	State lacks a family leave law entirely.	0	In the domain of family leave laws, LGBTQ parents’ struggles to gain legal ties to the children they are raising, and thus be recognized under state family leave laws, stem from lack of recognition of parents who are part of a same-sex couple, rather than because a parent is transgender. Therefore, enumerating gender identity is outside the scope of these laws.
	State law grants workers leave to care for a child for whom the worker is parenting, but only if the worker has a legal or biological relationship to the child.	0.25
	State law grants workers leave to care for a child for whom the worker is parenting, even if the worker lacks a legal or biological relationship to the child.	0.5
Relationship and Parental Recognition Subtotals (Tallies for Sexual Orientation and Gender Identity)	7		1
Relationship and Parental Recognition Total	8

Employment Nondiscrimination Laws	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
Employment nondiscrimination laws protect LGBTQ people from being unfairly fired, not hired, or discriminated against in the workplace by private employers. If state lacks a statewide law, this tally looks at local nondiscrimination ordinances and provides partial points based on the percent of the state’s LGBTQ population covered by local laws that protect LGBTQ people from discrimination by private employers. No points are awarded for state policies or local laws that only protect government/public employees.	No state law prohibiting employment discrimination based on sexual orientation, and <25% of state population is protected from discrimination based on sexual orientation through local ordinances.	0	No state law prohibiting employment discrimination based on gender identity, and <25% of state population is protected from discrimination based on gender identity through local ordinances.	0
	No state law prohibiting employment discrimination based on sexual orientation, but 25-49% of state population is protected from discrimination based on sexual orientation through local ordinances.	0.25	No state law prohibiting employment discrimination based on gender identity, but 25-49% of state population is protected from discrimination based on gender identity through local ordinances.	0.25
	No state law prohibiting employment discrimination based on sexual orientation, but 50-99% of state population is protected from discrimination based on sexual orientation through local ordinances.	0.5	No state law prohibiting employment discrimination based on gender identity, but 50-99% of state population is protected from discrimination based on gender identity through local ordinances.	0.5
	State employment nondiscrimination law does not explicitly enumerate sexual orientation, but state explicitly interprets existing state prohibition on sex discrimination to include sexual orientation.	0.75	State employment nondiscrimination law does not explicitly enumerate gender identity, but state explicitly interprets existing state prohibition on sex discrimination to include gender identity.	0.75
	State law explicitly prohibits employment discrimination based on sexual orientation.	1	State law explicitly prohibits employment discrimination based on gender identity.	1
Housing Nondiscrimination Laws	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
Housing nondiscrimination laws protect LGBTQ people from being unfairly evicted, denied housing, or refused the ability to rent or buy housing. If state lacks a statewide law, this tally looks at local nondiscrimination ordinances and provides partial points based on the percent of the state’s LGBTQ population covered by local laws that protect LGBTQ people from housing discrimination.	No state law prohibiting housing discrimination based on sexual orientation, and <25% of state population is protected from housing discrimination based on sexual orientation through local ordinances.	0	No state law prohibiting housing discrimination based on gender identity, and <25% of state population is protected from housing discrimination based on gender identity through local ordinances.	0
	No state law prohibiting housing discrimination based on sexual orientation, but 25-49% of state population is protected from housing discrimination based on sexual orientation through local ordinances.	0.25	No state law prohibiting housing discrimination based on gender identity, but 25-49% of state population is protected from housing discrimination based on gender identity through local ordinances.	0.25
	No state law prohibiting housing discrimination based on sexual orientation, but 50-99% of state population is protected from housing discrimination based on sexual orientation through local ordinances.	0.5	No state law prohibiting housing discrimination based on gender identity, but 50-99% of state population is protected from housing discrimination based on gender identity through local ordinances.	0.5
	State housing nondiscrimination law does not explicitly enumerate sexual orientation, but state explicitly interprets existing state prohibition on sex discrimination to include sexual orientation.	0.75	State housing nondiscrimination law does not explicitly enumerate gender identity, but state explicitly interprets existing state prohibition on sex discrimination to include gender identity.	0.75
	State law explicitly prohibits housing discrimination based on sexual orientation.	1	State law explicitly prohibits housing discrimination based on gender identity.	1
Public Accommodations Nondiscrimination Laws	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
Public accommodation nondiscrimination laws protect LGBTQ people from being unfairly refused service from or entry to places accessible to the general public. Public accommodations laws generally cover anywhere someone is when they are not at home, work, or school, including retail stores, restaurants, parks, hotels, doctors’ offices, and banks. If state lacks a statewide law, this tally looks at local nondiscrimination ordinances and provides partial points based on the percent of the state’s LGBTQ population covered by local laws that protect LGBTQ people from public accommodation discrimination.	No state law prohibiting public accommodation discrimination based on sexual orientation, and <25% of state population is protected from public accommodation discrimination based on sexual orientation through local ordinances.	0	No state law prohibiting public accommodation discrimination based on gender identity, and <25% of state population is protected from public accommodation discrimination based on gender identity through local ordinances.	0
	No state law prohibiting public accommodation discrimination based on sexual orientation, but 25-49% of state population is protected from public accommodation discrimination based on sexual orientation through local ordinances.	0.25	No state law prohibiting public accommodation discrimination based on gender identity, but 25-49% of state population is protected from public accommodation discrimination based on gender identity through local ordinances.	0.25
	No state law prohibiting public accommodation discrimination based on sexual orientation, but 50-99% of state population is protected from public accommodation discrimination based on sexual orientation through local ordinances.	0.5	No state law prohibiting public accommodation discrimination based on gender identity, but 50-99% of state population is protected from public accommodation discrimination based on gender identity through local ordinances.	0.5
	State public accommodations nondiscrimination law does not explicitly enumerate sexual orientation, but state explicitly interprets existing state prohibition on sex discrimination to include sexual orientation.	0.75	State public accommodations nondiscrimination law does not explicitly enumerate gender identity, but state explicitly interprets existing state prohibition on sex discrimination to include gender identity.	0.75
	State law explicitly prohibits public accommodation discrimination based on sexual orientation.	1	State law explicitly prohibits public accommodation discrimination based on gender identity.	1
Credit and Lending Nondiscrimination Laws	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
Credit and lending nondiscrimination laws protect LGBTQ people from being unfairly denied credit and lending services. Local nondiscrimination ordinances typically do not apply to credit and lending practices, so the 0.25 and 0.5 scoring options seen in the employment, housing, or public accommodations nondiscrimination policies are not applicable here.	No state law prohibiting credit and lending discrimination based on sexual orientation.	0	No state law prohibiting credit and lending discrimination based on gender identity.	0
	State credit nondiscrimination law does not explicitly enumerate sexual orientation, but state explicitly interprets existing state prohibition on sex discrimination to include sexual orientation.	0.75	State credit nondiscrimination law does not explicitly enumerate gender identity, but state explicitly interprets existing state prohibition on sex discrimination to include gender identity.	0.75
	State law explicitly prohibits credit and lending discrimination based on sexual orientation.	1	State law explicitly prohibits credit and lending discrimination based on gender identity.	1
Nondiscrimination Policies for State Employees	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
Nondiscrimination policies for state employees prohibit discrimination against state employees on the basis of sexual orientation and/or gender identity.	No state policy prohibiting discrimination in public employment based on sexual orientation.	0	No state policy prohibiting discrimination in public employment based on gender identity.	0
	State law or policy explicitly prohibits discrimination against public employees based on sexual orientation.	0.5	State law or policy explicitly prohibits discrimination against public employees based on gender identity.	0.5
Negative Law: State Bans Cities and Counties from Passing Nondiscrimination Laws	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
So-called “Commerce Protection Acts,” or preemption laws, prohibit cities and counties from extending local nondiscrimination protections to classes not included in state law. They also render existing local nondiscrimination ordinances unenforceable if they extend protection to these classes. These laws have been used to prevent cities and counties from protecting LGBTQ people from discrimination, and to nullify local ordinances which extend these protections.	State does not ban cities and counties from passing nondiscrimination protections based on sexual orientation.	0	State does not ban cities and counties from passing nondiscrimination protections based on gender identity.	0
	State law bans cities and counties from passing nondiscrimination protections based on sexual orientation.	-1	State law bans cities and counties from passing nondiscrimination protections based on gender identity.	-1
Negative Law: State Bans Transgender People from Using Publicly-Owned Bathrooms and Facilities According to their Gender Identity	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
These laws prohibit transgender people from using bathrooms and facilities—such as locker rooms, shower rooms, changing rooms, and other sex-segregated spaces—according to their gender identity in certain circumstances or places. All of these policies apply to K-12 school settings, and some apply even more broadly to other government-owned buildings and spaces. This can include bathrooms and facilities in government buildings (e.g., city hall, courthouses, state legislative buildings, and more), colleges or universities, jails or prisons, and even in some cases airports, public parks, and much more. Please note that these bans do not apply to, for example, private businesses or other non-government-owned spaces, though these spaces may have their own discriminatory policies.			No bathroom ban, or no bathroom ban applying beyond K-12 settings. Note that a K-12 bathroom ban may still apply; see LGBTQ youth category.	0
			State bans transgender people from using bathrooms and facilities consistent with their gender identity in K-12 schools and at least some government-owned buildings (e.g., public colleges/universities, prisons or jails, etc).	-0.5
			State bans transgender people from using bathrooms and facilities consistent with their gender identity in all government-owned buildings and spaces, including K-12 schools, colleges, and more.	-1
Negative Law: State Explicitly Regulates Gender by Defining "Sex" Throughout State Law	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
These laws explicitly regulate gender by defining “sex” throughout all state law to effectively allow discrimination against transgender and nonbinary people. These laws regulate gender and define sex as only male or female, typically based on a person’s presumed reproductive anatomy, chromosomes, hormones, or other physical characteristics at birth. These laws also define sex as a permanent category, implying that transgender people’s gender identity would never be legally recognized under state law. They may also have dangerous implications for transgender people when it comes to bathrooms, identity documents, and other areas of law or policy.			State has no law or executive order regulating gender by defining "sex" throughout state law	0
			State law regulates gender by defining "sex" throughout state law	-1
Nondiscrimination (Tallies for Sexual Orientation and Gender Identity)	4.5		4.5
Nondiscrimination Total	9

Marriage Recognition	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
As a result of the 2015 U.S. Supreme Court decision in Obergefell, same-sex couples can marry nationwide and states must extend all the rights and benefits of marriage to same-sex couples. As a result, the following benefits are available to all married same-sex couples on the same basis they are available to married different-sex couples: Marriage for Same-Sex Couples Medical Decision-Making Authority for Married Same-Sex Couples Stepparent Adoption for Married Same-Sex Couples Joint Adoption for Married Same-Sex Couples		1
Second-Parent Adoption for Unmarried Couples	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
Second-parent adoption laws permit a parent in a relationship to adopt their partner's child and become a legal parent of that child, giving the child two legal parents and giving both parents legal rights. LGBTQ people often create families in diverse ways, including outside of legal marriage, so these laws help protect LGBTQ parents’ rights without requiring legal marriage.	Only parents in legally recognized relationships can petition to adopt their partner’s child.	0	These laws permit adoption of a child by a second parent who is not married to the child’s parent, irrespective of one’s gender identity. Therefore, enumerating gender identity is outside of the scope of these laws.
	Parents can petition for second-parent or stepparent adoption statewide irrespective of parents' marital status or legal recognition of their relationship.	1
Confirmatory Adoption	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
A confirmatory adoption is a streamlined process established by law to confirm a parent’s existing legal relationship to a child. The parent may have established parentage through other means, but completing the confirmatory adoption process results in a formal adoption decree. Other means of establishing parentage can include the marital presumption (the presumption that married parents are the parents of a child born during their marriage), the holding out presumption (the presumption that if a person acted as a parent to a child, such as by providing a home and raising them, then they are a parent), or as someone who intended to parent a child born through assisted reproduction. In the streamlined confirmatory adoption process, the home study or background check requirements associated with other types of adoptions are not required.	Confirmatory adoption is not available.	0
	Confirmatory adoption is available.	1
Voluntary Acknowledgment of Parentage	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
For most children born to unmarried parents, legal recognition of parentage is established through the “voluntary acknowledgment of parentage” (VAP), a legal document typically completed at the hospital at the time of the child’s birth. There are no costs associated with it, and once it takes effect, it is the legal equivalent of a court decree of parentage and, under federal law, must be respected across state lines and in all jurisdictions. However, in many states, only men who are believed to be the genetic father of the child in question are permitted to sign VAPs. As a result, many LGBTQ families face obstacles to this pathway to parental recognition. Now, a growing number of states are updating their parenting laws to ensure that any parent—regardless of their gender, sexual orientation, or genetic relationship to the child—can sign a VAP and have their parental relationship legally recognized and protected.	State has not yet expanded access of Voluntary Acknowledgment of Parentage (VAP)	0
	State has Voluntary Acknowledgment of Parentage (VAP) that is explicitly available to non-genetic and LGBTQ parents	1
Family Services Nondiscrimination Protections for LGBTQ Parents: Adoption	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
Adoption nondiscrimination policies protect LGBTQ parents from discrimination by adoption agencies and officials. In combination with foster care nondiscrimination, this creates a full point for family services nondiscrimination policy.	Adoption nondiscrimination protections do not enumerate sexual orientation.	0	Adoption nondiscrimination protections do not enumerate gender identity.	0
	State law, regulation, or agency policy prohibits discrimination in adoption based on sexual orientation of parent(s).	0.5	State law, regulation, or agency policy prohibits discrimination in adoption based on gender identity of parent(s).	0.5
Family Services Nondiscrimination Protections for LGBTQ Parents: Foster Care	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
Foster care nondiscrimination policies protect LGBTQ foster parents from discrimination by foster care agencies and officials. In combination with adoption nondiscrimination, this creates a full point for family services nondiscrimination policy.	Foster care nondiscrimination protections do not enumerate sexual orientation.	0	Foster care nondiscrimination protections do not enumerate gender identity.	0
	State law, regulation, or agency policy prohibits discrimination in foster care based on sexual orientation of parent(s).	0.5	State law, regulation, or agency policy prohibits discrimination in foster care based on gender identity of parent(s).	0.5
Legal Recognition for Parents Using Assisted Reproduction	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
These laws apply when a child is conceived through donor insemination and other forms of assisted reproduction. These laws grant legal parenting rights to the non-gestational, non-genetic parent (just as a woman’s husband would be a legal parent of a child they have using donor insemination even though he is not the biological father). In some states, being a married is not a legal requirement for parental recognition of a non-gestational, non-genetic parent. The process of “consenting to inseminate” allows parents in some states a way to establish a legal relationship to the child irrespective of the parents’ marital status.	State lacks clear mechanisms to create legal ties between a non-gestational, non-genetic parent and a child born via donor insemination.	0	Historically, parents using donor insemination are not denied legal recognition because they are transgender, but because they are part of (or perceived to be part of) a same-sex couple. Therefore, enumerating gender identity is outside of the scope of these laws.
	State law recognizes the non-gestational parent as a legal parent, regardless of marital status, if the non-gestational parent consents to the process by which a child is conceived via donor insemination or other assisted reproduction.	1
State Family Leave Laws: Definitions of Spouse/Partner	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
State family leave laws allow a person to take leave from work to care for their family members, including a spouse or partner. Some laws allow the worker to take leave for a partner only if they are in a legally recognized relationship (i.e. marriage) to the person who needs care. Other family leave laws use broader definitions of spouse or partner that better reflect the varied ways that LGBTQ people create family, including outside of legal marriage.	State lacks a family leave law entirely.	0	Although transgender people may be (or be considered to be) in a same-sex relationship and benefit from family leave, historically these laws’ definitions of family have the effect of recognizing or not recognizing a same-sex partner or spouse because both parties are the same sex, not because one of the parties is transgender. Therefore, enumerating gender identity is outside of the scope of these laws.
	State law grants workers leave to care for a partner, but only if the couple is in a legally recognized relationship.	0.25
	State law grants workers leave to care for a partner, even if the couple is not in a legally recognized relationship.	0.5
State Family Leave Laws: Definitions of Child/Parent	Sexual Orientation		Gender Identity
Definition	Level of State Law	Corresponding Point Value	Level of State Law	Corresponding Point Value
State family leave laws allow a person to take leave from work to care for a child. Barriers to parental recognition for LGBTQ people raising children often mean that one parent lacks legal ties to the child or children they are raising. Additionally, LGBTQ people create families in many ways, and some LGBTQ workers may not have legal or biological relationships to their children. Parents who are not legal or biological parents may be denied this leave unless the state law uses broader definitions of children or parenting that recognizes these varied ways of family building.	State lacks a family leave law entirely.	0	In the domain of family leave laws, LGBTQ parents’ struggles to gain legal ties to the children they are raising, and thus be recognized under state family leave laws, stem from lack of recognition of parents who are part of a same-sex couple, rather than because a parent is transgender. Therefore, enumerating gender identity is outside the scope of these laws.
	State law grants workers leave to care for a child for whom the worker is parenting, but only if the worker has a legal or biological relationship to the child.	0.25
	State law grants workers leave to care for a child for whom the worker is parenting, even if the worker lacks a legal or biological relationship to the child.	0.5
Relationship and Parental Recognition Subtotals (Tallies for Sexual Orientation and Gender Identity)	7		1
Relationship and Parental Recognition Total	8

South Dakota's Democracy Profile

Quick Facts About South Dakota

South Dakota's Democracy Score

Overall Score

8/36.5

Low

Who Votes -0.5/11

Voter Registration

-1/5

Negative

Representation & Participation

0.5/6

Low

How to Vote 3/12

Voting in Person

3/6

Medium

Voting by Mail

0/6

Low

Protecting the Vote 5.5/13.5

Election Security

4/7

Medium

Independence & Integrity

1.5/6.5

Low

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South Dakota's Democracy and Election Laws and Policies

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Who votes

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South Dakota's Democracy Score

Overall Score

8/36.5

Low

Who Votes -0.5/11

Voter Registration

-1/5

Negative

Representation & Participation

0.5/6

Low

How to Vote 3/12

Voting in Person

3/6

Medium

Voting by Mail

0/6

Low

Protecting the Vote 5.5/13.5

Election Security

4/7

Medium

Independence & Integrity

1.5/6.5

Low

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