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Election officials: Everyone was treated equally
http://www.rapidcityjournal.com
April 24, 2004
By Denise Ross, Journal Staff Writer
PIERRE -- South Dakota's election procedures are fair, open and not a barrier
to participation by American Indians, state election officials testified in
the sixth day of a voting rights lawsuit.
Secretary of State Chris Nelson and Bennett County Auditor Susan Williams
both testified that their overriding philosophy is that it should be easy for
people to vote.
"I tell them two things: Act professionally, because you are representing
democracy on that (election) day. And, treat everybody fairly and equally,"
Nelson said, referring to training sessions he holds with county auditors from
across the state.
Williams testified that she gives similar instructions to the Election Day
workers she hires to work in her county's nine voting precincts.
"My direction to all election board workers is, every voter counts, that they
do everything they can to make sure every voter comes in and gets to cast a
vote and that that vote is counted," Williams said. "It's the first thing I say
to them, and it's the last thing I say to them."
The American Civil Liberties Union sued the state of South Dakota, charging
that, when the Legislature redrew legislative district boundaries in 2001, the
state violated the federal Voting Rights Act. Specifically, the ACLU claims
that legislative District 27, which includes southern Bennett County and most of
the Pine Ridge and Rosebud Indian reservations, packs an unacceptable 90
percent supermajority of Indians into one district. This situation, called
"packing," takes away the opportunity for Indians to influence elections in more than
one legislative district, the ACLU claims.
State lawyers have argued that a large majority of American Indians is needed
to elect an "Indian-preferred" candidate in a district because of a history
of low voter turnout among Indians.
U.S. District Judge Karen Schreier is hearing the case, which is scheduled to
last through next week.
Nelson said voting procedures in South Dakota have become more open in the
past dozen years.
A 1994 federal voting rights law, commonly called motor-voter for the link it
created between driver license registration and voter registration, led to a
series of changes that eased voting requirements, he said.
Voter registration forms are no longer required to be notarized, and carbon
for copies is no longer included. The forms became available at an array of
state service offices, and voters could mail them rather than deliver them in
person to a county auditor, Nelson said.
"Since 1989, this federal act has brought about the most significant change
in voting procedure in South Dakota," Nelson said.
Nelson testified that before the 1994 federal law change, state election
officials made changes to voter registration cards to obtain better information
about a voter's residence. Many reservation residents list post office boxes or
general delivery as their address, but that does not serve the needs of
election officials, Nelson said.
"The (county) auditor has no idea where that person lives and no idea what
voting precinct to put that person into," he said.
Before 1992, voter registration forms simply asked for an address, but the
state board of elections changed the card to ask for a physical address in
addition to a post office box, Nelson said.
"The idea was to make the card as intuitive as possible to fill out," Nelson
said.
Fall River County Auditor Sherrill Dryden testified that when a card lacks a
physical address, she and her staff work to get the correct information so the
potential voter can get registered.
"I just tell them to keep calling people until we find out where we can place
these people. A lot of them, we wait until county commissioners come in. They
know the people," Dryden said. "I've had people, at times, working at the
post offices who would give us help."
Dryden handles voter registration for Shannon County, which comprises much of
the Pine Ridge Indian Reservation. Shannon County contracts with Fall River
County to provide services.
Voter registration in the three American Indian reservation counties at issue
in the lawsuit exceeds national and state voter registration averages, Nelson
said. But the same isn't true for turnout.
"They've done a very good job getting registered to vote. But turnout rates
fall to the bottom of the list. Going to the polls is another story," Nelson
said.
Nelson said a former state tribal affairs officer told him Indians tend not
to vote in state and federal elections because they care more about tribal
government and less about state and federal government.
ACLU lawyers have argued that low Indian turnout can be attributed to a lack
of faith in the system that is the result of a history of being unable to
overcome the power of a white majority.
Williams, a lifelong resident of Bennett County, said racial tension exists
in the county, split about evenly between Indians and whites.
"I've never seen discrimination myself and never been part of discrimination,
but from what I hear, there's discrimination out there," Williams said.
Williams agreed that Indians have suffered a history of discrimination and
that an Indian vs. white mentality exists in Bennett County politics. She said
the racially charged atmosphere of the county's 2002 races - particularly the
sheriff's race - has calmed down some.
And Williams said that, in general, she believes race relations are good in
her county.
"There's quite a bit of interaction," she said.
The trial resumes Monday morning.
Contact Denise Ross at 394-8438 or denise.ross@rapidcityjournal.com
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