Members of the Oglala Sioux Tribe in South Dakota, a heavily Democratic group, are getting only six days for early voting in the presidential primary election, while the rest of the state gets 46.
The man they are suing is Jason Gant, who is not only the secretary of state, which means he oversees elections in South Dakota, but also the treasurer of a Republican Party political action committee.
But this really goes much deeper than ugly partisan politics. Much deeper. And it's much uglier.
Bits and pieces below, the full article here.
The man they are suing is Jason Gant, who is not only the secretary of state, which means he oversees elections in South Dakota, but also the treasurer of a Republican Party political action committee.
But this really goes much deeper than ugly partisan politics. Much deeper. And it's much uglier.
Bits and pieces below, the full article here.
Native Americans have never had an easy time getting to vote in South Dakota. In 1977, the state attorney general dismissed the Voting Rights Act as an “absurdity” and advised state officials to ignore the federal law. The state didn’t allow Native Americans into polling places until the 1940s, though federal law had given them the right to vote in 1924. In 2004, a judge stopped poll watchers from following Native Americans out of voting places and taking down their license-plate numbers.
Through the years, Native Americans in South Dakota have filed more than 20 lawsuits over their right to vote.
This month, members of the Oglala Sioux Tribe went to court. In the upcoming presidential balloting, tribal members will have only six days of early voting, when the rest of the state has 46 days to cast early ballots in the primary and general elections.
Filed in federal court this month, the lawsuit contends the disparity is discriminatory, and amounts to “a denial of the right to vote.” One civic group has branded the state’s practice “a back door poll tax.”
In the quest for full enfranchisement, South Dakota’s Native Americans have brought lawsuits that charged gerrymandering, demands for forms of identity that are not required, failure to provide sufficient polling places and intimidation.
In 2010, the state settled an American Civil Liberties Union suit by agreeing to restore the voting rights of Native Americans who were improperly removed from voter rolls.
For decades, South Dakota avoided U.S. Department of Justice “pre-clearance”—a type of oversight the Voting Rights Act applies to proposed election-law changes in places with a history of discrimination. A federal court found in 2005 that when South Dakota finally agreed to DOJ scrutiny, a backlog of more than 700 laws needed vetting.
Poverty is, in fact, a major reason why area residents prize early voting. “A lot of us on Pine Ridge don’t have vehicles,” explained plaintiff and tribal member Clarice Mesteth. “During elections, those who have them drive long distances to give other people rides to the polls. Each round-trip can be a couple of hours, so having all the early-voting days we should, in addition to the general-election day, is important to us.”
Why not take advantage of early voting at the courthouse in Hot Springs, in adjacent Fall River County, which is an option for Shannon County residents? “One problem is that the round trip to Hot Springs is 4½ hours from some points in Shannon County,” said Mesteth.
“Another problem is that if you live on the [Pine Ridge Indian] reservation, your license plates start with a ‘65.’ That makes us easily identifiable. The Fall River cops stop us for all kinds of things when we go there. They’ll say we were going one mile over the speed limit, or we’ve got snow on our license plates.” As a result, Mesteth said, tribal members rarely go to Hot Springs, and when they do, they car-pool to cut down on the number of traffic tickets they might receive—yet another set of hurdles on the way to the ballot box.
What about mail-in absentee ballots? “Given the hostility tribal members face when they leave the reservation, they don’t believe mail-in ballots will be counted,” said Sandven, the plaintiffs’ attorney. “Most—especially elders—feel more secure about casting votes in person.”
“Bottom line, ballot box access in South Dakota currently depends on personal wealth,” said Lembrich, who believes the state needs to establish a permanent means for providing regular early voting in Shannon County.
“You have less opportunity to vote in South Dakota if you don’t have a car, or don’t have gas money, or live on an isolated Indian reservation,” Lembrich said. “That’s not right.”