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FRIDAY, NOVEMBER 8, 2002

In the wake of a record Indian turnout at the polls, the state of South Dakota has agreed to seek federal review of election laws affecting Native voters.

An agreement was finalized yesterday that settles a lawsuit filed by four members of the Sioux Nation. They alleged the state pushed through 600 statutes and regulations in violation of federal law.

"This is a first step toward correcting a system that has alienated my people from the political process for decades," said Alfred Bone Shirt, a member of the Rosebud Sioux Tribe and one of the plaintiffs.

Secretary of State Joyce Hazeltine and two counties with a heavy Indian population will submit their changes to the Department of Justice for approval. The laws, some of which date back 30 years, will be examined under the 1965 Voting Rights Act to prevent discrimination against Native Americans.

The two counties affected are Todd and Shannon. Native voters here played a significant role in Tuesday's U.S. Senate election, helping Sen. Tim Johnson (D) to a narrow victory over Congressman John Thune (R).

Shannon County is home to the Pine Ridge Reservation and has an Indian population of 94 percent. Todd encompasses the Rosebud Sioux Reservation and is 85 percent Native.

The American Civil Liberties Union, which has filed a number of lawsuits on behalf of Sioux tribal members, said the agreement was a landmark victory. "This historic settlement will remove some of the discriminatory barriers Native Americans have faced at the ballot box and ensure that their voting rights will be better protected in the future," said lead attorney Bryan Sells.

According to Sells, most of the changes made by the state appeared harmless. But he said a dozen or so were discriminatory "on their face."

The consent order requires the state not to implement two changes in particular. It also calls for Hazeltine and the counties to develop a plan to ensure the state remains in compliance with federal law.

To become effective, the ACLU said a three-judge panel of the South Dakota Federal District Court has to adopt the settlement. A federal judge in that court had sided with Yankton Sioux tribal members in another voter-related lawsuit.

The plaintiffs in the suit are: Bone Shirt; Elaine Quick Bear Quiver, a member of the Oglala Lakota Sioux Tribe; Teresa Two Bulls, vice president of the Oglala Lakota Sioux Tribe and Vernon Schmidt, vice president of the Rosebud Sioux Tribe.

Original Complaint:
PDF 35k: Elaine Quick Bear Quiver v. Hazeltine (8/5)

Relevant Links:
South Dakota Secretary of State - http://www.state.sd.us/sos/sos.htm

Related Stories:
Sioux tribal members file voting rights suit (08/06)
ACLU: Wagner is hotbed of racial tension (07/26)
Lawsuit charges Native discrimination (03/27)