2010: Brooks v. Gant
“Until Four Directions came along, two predominantly Native American counties in South Dakota had practically no access to in-person early voting. I was proud to spearhead litigation in Federal court with the help of Four Directions that now requires the state to open satellite voting offices for equal access to in-person early voting. Today, Native voters are turning out at higher and higher rates because of the voting rights work Four Directions is doing.”
STEVE SANDVEN, ATTORNEY
The Problem
All South Dakota registered voters have access to 32 days of in-person early voting before primary and general elections in the county of their residence – with the exception of Todd County and Shannon County, home of the Rosebud and Pine Ridge reservations. Native voters in Todd and Shannon counties only had access to few if any partial days of in-person early voting. For Native voter participation rates to increase, someone had to fight for equal access to in-person early voting in Indian Country.
SD Native Voter Turnout as a Percent of Statewide Turnout: 2002 versus 2014
| Days | Election |
|---|---|
| 0 | 2004 primary election |
| 16 | 2004 general election |
| 0 | 2006 primary election |
| 0 | 2006 general election |
| 2 | 2008 primary election |
| 2 | 2008 general election |
| 0 | 2010 primary election |
| 22 | 2010 general election |
Source: Sandven Aff. Ex. 5 S. Ganje Answer to Interrogatory 2.
The Solution
File suit against the Secretary of State to force Shannon County to open satellite voting offices for in-person early voting after he denies all official requests.
The Four Directions Approach
Four Directions pursued simultaneous motions with the Shannon County Commission and the Secretary of State to take official actions before going to federal court:
1. Shannon County Commission
Four Directions helped recruit Shannon County voters who made official requests from the Shannon County Commission to open satellite voting offices. Shannon County Commissioners never sought funding for the offices – even after the Secretary of State informed them in 2008 that they could use Help America Vote Act funds to open the offices.
2. Secretary of State
Four Directions helped recruit Shannon County voters who wrote to the Secretary of State seeking financial assistance to open a satellite voting office. The Secretary of State did not respond to the voters. In fact, he didn’t even attempt to follow up with Shannon County to address the issue. Instead, he punted the issue over to a staff attorney who took no further action.
3. Federal Court
With continued inaction, attorney Steven Sandven, representing Native voters, filed suit against the Secretary of State with the American Civil Liberties Union filing an amicus brief.
The Result
Over the next three years, the state fought Native plaintiffs until the state reached an agreement with Shannon County to open satellite voting offices for the general election through the 2018 elections. The issues raised in the court case then informed a new HAVA task force that released HAVA funds for 3 additional counties with large Native populations.
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STEPHANIE WOODARD
INDIAN COUNTRY TODAY MEDIA NETWORK; 8.13.13
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STEPHANIE WOODARD
INDIAN COUNTRY TODAY MEDIA NETWORK; 9.25.13
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