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Becoming a resident of South Dakota is easy. Some say too easy

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Becoming a resident of South Dakota is easy. Some say too easy
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Becoming a resident of South Dakota is easy. Some say too easy

2024-12-25 01:05 Last Updated At:01:11

All you have to do to become a South Dakota resident is spend one night.

Stay in a campground or hotel and then stop by one of the businesses that specialize in helping people become South Dakotans, and they’ll help you do the paperwork to gain residency in a state with no income tax and relatively cheap vehicle registration.

The system brings in extra government revenue through vehicle fees and offers refuge to full-time travelers who wouldn’t otherwise have a permanent address or a place to vote.

And that’s the problem. State leaders are at a stalemate between those who say people who don’t really live in South Dakota shouldn’t be allowed to vote in local elections and those who say efforts to impose a longer residency requirement for voting violate the principle that everyone gets to vote.

And at least one state has gotten wind that its residents might be avoiding high income taxes with easy South Dakota residency and is investigating.

Easy South Dakota residency for nomads has become an enterprising opportunity for businesses such as RV parks and mail forwarders.

“That’s the primary concept here, is the people that have given up their sticks and bricks and now are on wheel estate, we call it, and they’re full-time traveling,” said Dane Goetz, owner of the Spearfish-based South Dakota Residency Center, which caters to full-time travelers. “They need a place to call home, and we provide that address for them to do that, and they are just perpetually on the move.”

Goetz estimated more than 30,000 people are full-time traveler residents of South Dakota, but the actual number is unclear. The state Department of Public Safety, which handles driver licensing, says it doesn't track the number of full-time traveler applications.

Officials of the South Dakota Secretary of State's Office did not respond to emailed questions or a phone message seeking the state's tally of full-time travelers registered to vote. The office is not responsible for enforcing residency requirements, Division of Elections Director Rachel Soulek said.

Victor Robledo, his wife and their five kids hit the road a decade ago in a 28-foot (8.5-meter) motorhome to seek adventure and ease their high cost of living in Southern California. They found South Dakota to be an opportunity to save money, receive mail and “take a residency in a state that really nurtures us,” he said. They filed for residency in 2020.

“It was as simple as coming into the state, staying one night in one of the campgrounds, and once we do that, we bring in a receipt to the office, fill out some paperwork, change our licenses. I mean, really, you can blow through there — gosh, 48 hours,” Robledo said.

Residency becomes thorny around voting. Some opponents don’t want people who don’t physically live in South Dakota to vote in its elections.

“I don’t want to deny somebody their right to vote, but to think that they can vote in a school board election or a legislative election or a county election when they’re not part of the community, I’m troubled by that,” said Democratic Rep. Linda Duba, who cited 10,000 people or roughly 40% of her Sioux Falls constituents being essentially mailbox residents. She likes to knock on doors and meet people but said she is unable to do “relationship politics” with travelers.

The law the Republican-controlled Legislature passed in 2023 added requirements for voter registration, including 30 days of residency — which don't have to be consecutive — and having “an actual fixed permanent dwelling, establishment, or any other abode to which the person returns after a period of absence.”

The bill's prime sponsor, Republican Sen. Randy Deibert, told a Senate panel that citizens expressed concerns about “people coming to the state, being a resident overnight and voting (by) absentee ballot or another way the next day and then leaving the state.”

Those registered to vote before the new law took effect remain registered, but some who tried to register since its passage had trouble. Dozens of people recently denied voter registration contacted the American Civil Liberties Union of South Dakota, according to the chapter’s advocacy manager, Samantha Chapman.

Durational residency requirements for voting are, in general, unconstitutional because such restrictions interfere with the interstate right to travel, said David Schultz, a Hamline University professor of political science and a professor of law at the University of St. Thomas.

“It’s kind of this parochialism, this idea of saying that only people who are really in our neighborhood, who really live in our city have a sufficient stake in it, and the courts have generally been unsympathetic to those types of arguments because, more often than not, they’re used for discriminatory purposes,” he said.

Earlier this year, the Legislature considered a bill to roll back the 2023 law. It passed the Senate but stalled in the House.

During a House hearing on that bill, Republican Rep. Jon Hansen asked one full-time traveler when he was last in South Dakota and when he intends to return. The man said he was in the state a year earlier but planned to return in coming months. Another man who moved from Iowa to work overseas said he had not lived “for any period of time, physically” in South Dakota.

“I don’t think we should allow people who have never lived in this state to vote in our state,” Hansen said.

Republican Sen. David Wheeler, an attorney in Huron, said he expects litigation would be what forces a change. It's unlikely a change to the 30-day requirement would pass the Legislature now, he said.

“It is a complicated topic that involves federal and state law and federal and state voting rights, and it is difficult to bring everybody together on how to appropriately address that,” Wheeler said.

More than 1,600 miles (2,500 kilometers) east, Connecticut State Comptroller Sean Scanlon has asked prosecutors to look into whether some state employees who live in Connecticut may have skirted their tax obligations by claiming to be residents of South Dakota.

Connecticut has a graduated income tax rate of 3.0% to 6.99%. Connecticut cities and towns also impose a property tax on vehicles. South Dakota has none.

Scanlon and his office, which administers state employee retiree benefits, learned from a Hartford Courant columnist in September that some state retirees might be using South Dakota’s mail-forwarding services for nefarious reasons.

Asked if there are concerns about other Connecticut taxpayers who are not state retirees possibly misusing South Dakota’s lenient residency laws, the Department of Revenue Services would only say the agency is “aware of the situation and we’re working with our partners to resolve it.”

A South Dakota legislative panel broached the residency issue as recently as August, a meeting in which one lawmaker called the topic “the Gordian knot of politics.”

“It seems like it’s almost impossible to come to some clear and definitive statement as to what constitutes a residency with such a mobile population with people with multiple homes and addresses and political boundaries that are easy to see on a map but there’s so much cross-transportation across them,” Republican Sen. Jim Bolin said.

Dura reported from Bismarck, North Dakota. Associated Press Writer Susan Haigh in Hartford, Connecticut, contributed to this report.

FILE - Pennigton County voters head to the polls at Valley View Elementary School Gym on Election Day, on Nov. 5, 2024, in Rapid City, S.D. (Madison Willis/Rapid City Journal via AP, File)

FILE - Pennigton County voters head to the polls at Valley View Elementary School Gym on Election Day, on Nov. 5, 2024, in Rapid City, S.D. (Madison Willis/Rapid City Journal via AP, File)

Visitors take in the massive sculpture carved into Mount Rushmore at the Mount Rushmore National Memorial Thursday, Sept. 21, 2023, in, Keystone, S.D. (AP Photo/David Zalubowski)

Visitors take in the massive sculpture carved into Mount Rushmore at the Mount Rushmore National Memorial Thursday, Sept. 21, 2023, in, Keystone, S.D. (AP Photo/David Zalubowski)

A highway sign depicting Mount Rushmore and reading "Welcome to South Dakota. Great faces, great places" stands on the North Dakota-South Dakota border near Thunder Hawk, South Dakota, on Saturday, Oct. 12, 2024. (AP Photo/Jack Dura)

A highway sign depicting Mount Rushmore and reading "Welcome to South Dakota. Great faces, great places" stands on the North Dakota-South Dakota border near Thunder Hawk, South Dakota, on Saturday, Oct. 12, 2024. (AP Photo/Jack Dura)

NEW YORK (AP) — Reviving a campaign pledge, President Donald Trump wants a one-year, 10% cap on credit card interest rates, a move that could save Americans tens of billions of dollars but drew immediate opposition from an industry that has been in his corner.

Trump was not clear in his social media post Friday night whether a cap might take effect through executive action or legislation, though one Republican senator said he had spoken with the president and would work on a bill with his “full support.” Trump said he hoped it would be in place Jan. 20, one year after he took office.

Strong opposition is certain from Wall Street in addition to the credit card companies, which donated heavily to his 2024 campaign and have supported Trump's second-term agenda. Banks are making the argument that such a plan would most hurt poor people, at a time of economic concern, by curtailing or eliminating credit lines, driving them to high-cost alternatives like payday loans or pawnshops.

“We will no longer let the American Public be ripped off by Credit Card Companies that are charging Interest Rates of 20 to 30%,” Trump wrote on his Truth Social platform.

Researchers who studied Trump’s campaign pledge after it was first announced found that Americans would save roughly $100 billion in interest a year if credit card rates were capped at 10%. The same researchers found that while the credit card industry would take a major hit, it would still be profitable, although credit card rewards and other perks might be scaled back.

About 195 million people in the United States had credit cards in 2024 and were assessed $160 billion in interest charges, the Consumer Financial Protection Bureau says. Americans are now carrying more credit card debt than ever, to the tune of about $1.23 trillion, according to figures from the New York Federal Reserve for the third quarter last year.

Further, Americans are paying, on average, between 19.65% and 21.5% in interest on credit cards according to the Federal Reserve and other industry tracking sources. That has come down in the past year as the central bank lowered benchmark rates, but is near the highs since federal regulators started tracking credit card rates in the mid-1990s. That’s significantly higher than a decade ago, when the average credit card interest rate was roughly 12%.

The Republican administration has proved particularly friendly until now to the credit card industry.

Capital One got little resistance from the White House when it finalized its purchase and merger with Discover Financial in early 2025, a deal that created the nation’s largest credit card company. The Consumer Financial Protection Bureau, which is largely tasked with going after credit card companies for alleged wrongdoing, has been largely nonfunctional since Trump took office.

In a joint statement, the banking industry was opposed to Trump's proposal.

“If enacted, this cap would only drive consumers toward less regulated, more costly alternatives," the American Bankers Association and allied groups said.

Bank lobbyists have long argued that lowering interest rates on their credit card products would require the banks to lend less to high-risk borrowers. When Congress enacted a cap on the fee that stores pay large banks when customers use a debit card, banks responded by removing all rewards and perks from those cards. Debit card rewards only recently have trickled back into consumers' hands. For example, United Airlines now has a debit card that gives miles with purchases.

The U.S. already places interest rate caps on some financial products and for some demographics. The Military Lending Act makes it illegal to charge active-duty service members more than 36% for any financial product. The national regulator for credit unions has capped interest rates on credit union credit cards at 18%.

Credit card companies earn three streams of revenue from their products: fees charged to merchants, fees charged to customers and the interest charged on balances. The argument from some researchers and left-leaning policymakers is that the banks earn enough revenue from merchants to keep them profitable if interest rates were capped.

"A 10% credit card interest cap would save Americans $100 billion a year without causing massive account closures, as banks claim. That’s because the few large banks that dominate the credit card market are making absolutely massive profits on customers at all income levels," said Brian Shearer, director of competition and regulatory policy at the Vanderbilt Policy Accelerator, who wrote the research on the industry's impact of Trump's proposal last year.

There are some historic examples that interest rate caps do cut off the less creditworthy to financial products because banks are not able to price risk correctly. Arkansas has a strictly enforced interest rate cap of 17% and evidence points to the poor and less creditworthy being cut out of consumer credit markets in the state. Shearer's research showed that an interest rate cap of 10% would likely result in banks lending less to those with credit scores below 600.

The White House did not respond to questions about how the president seeks to cap the rate or whether he has spoken with credit card companies about the idea.

Sen. Roger Marshall, R-Kan., who said he talked with Trump on Friday night, said the effort is meant to “lower costs for American families and to reign in greedy credit card companies who have been ripping off hardworking Americans for too long."

Legislation in both the House and the Senate would do what Trump is seeking.

Sens. Bernie Sanders, I-Vt., and Josh Hawley, R-Mo., released a plan in February that would immediately cap interest rates at 10% for five years, hoping to use Trump’s campaign promise to build momentum for their measure.

Hours before Trump's post, Sanders said that the president, rather than working to cap interest rates, had taken steps to deregulate big banks that allowed them to charge much higher credit card fees.

Reps. Alexandria Ocasio-Cortez, D-N.Y., and Anna Paulina Luna, R-Fla., have proposed similar legislation. Ocasio-Cortez is a frequent political target of Trump, while Luna is a close ally of the president.

Seung Min Kim reported from West Palm Beach, Fla.

President Donald Trump arrives on Air Force One at Palm Beach International Airport, Friday, Jan. 9, 2025, in West Palm Beach, Fla. (AP Photo/Julia Demaree Nikhinson)

President Donald Trump arrives on Air Force One at Palm Beach International Airport, Friday, Jan. 9, 2025, in West Palm Beach, Fla. (AP Photo/Julia Demaree Nikhinson)

FILE - Visa and Mastercard credit cards are shown in Buffalo Grove, Ill., Feb. 8, 2024. (AP Photo/Nam Y. Huh, File)

FILE - Visa and Mastercard credit cards are shown in Buffalo Grove, Ill., Feb. 8, 2024. (AP Photo/Nam Y. Huh, File)

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