2008: No Polling Locations in Indian Country? No Way.

The Problem

When Mellette County, South Dakota, was looking for ways to cut its budget in September 2008, its county commissioners decided to consolidate four voting precincts into one, at the county seat in White River. The three precincts they closed, however, disproportionately impacted Native Americans, who account for nearly half of the county’s population. Equal access to the ballot box for Native voters was again on the line.

The Solution

Force Mellette County to admit to disparate impact against Native voters and then threaten to file suit against it for violating the Voting Rights Act.

The Four Directions Approach

At the Mellette County Commission meeting where the precinct change was considered, Four Directions had opposed this on the grounds that such drastic changes would disenfranchise hundreds of Native voters, a protected class under the Voting Rights Act. With limited transportation, most Native voters would be unable to cast a ballot on Election Day in White River.

Local officials were undeterred, though they did acknowledge Four Directions’ concern that the decision would reduce turnout among Native voters. That public acknowledgement was key in the Four Directions strategy for building a legal case against Mellette County.

Right after the commission’s meeting, Four Directions appealed to the South Dakota Secretary of State to keep the polling locations open with Help America Vote Act funds. As expected, the Secretary of State claimed no authority to use the funds.

With administrative options off the table, Four Directions engaged Rosebud Sioux Tribal leaders, the American Civil Liberties Union Voting Rights Project, and legal firm Pillsbury Winthrop Shaw Pittman to file a suit against Mellette County that sought an injunction against the changes.

The Result

The threat of expensive legal action proved to be too much for Mellette County. Just hours before the ACLU was about to file the lawsuit, Mellette County reversed course and kept open the polling locations serving Native voters.