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DLN Issues : Civil Rights: Voters Rights and Redistricting Lawsuit

Voting and Redistricting Lawsuit News

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S.D. settles ACLU lawsuit

Posted by ErthAvenger to NDN AIM

http://rapidcityjournal.com

Nov. 8, 2002

SIOUX FALLS (AP) -- South Dakota and the American Civil Liberties Union have agreed to a settlement in a lawsuit that accused officials of ignoring a federal law that protects minorities, such as American Indians, from voting discrimination.

The ACLU filed the lawsuit earlier this year in U.S. District Court in Rapid City on behalf of officials and members of the Oglala and Rosebud Sioux tribes. The suit sought to enforce Section 5 of the Voting Rights Act, which requires approval of election-law changes in Shannon and Todd counties either by the Justice Department or U.S. District Court in Washington, D.C.

In 1976, the U.S. attorney general determined that proposed laws and regulations that have affected voters in Shannon and Todd counties since Nov. 1, 1972, must be approved by federal officials or judges. The ACLU claimed that South Dakota officials have sought approval of election changes fewer than 10 times since then. The group's lawsuit challenged about 600 laws and regulations passed since Nov. 1, 1972.

"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," Bryan Sells, an attorney with the ACLU's Voting Rights Project, said.

Under the settlement, which now must be approved by a three-judge panel in federal court, the state must get approval from the Justice Department on any changes in voting practices enacted after Section 5 of the Voting Rights Act took effect.

The settlement also calls for the state to refrain from implementing two statutes that ACLU attorneys said were harmful to Indians.

State elections supervisor and Secretary of state-elect Chris Nelson said the lawsuit was unnecessary and that no one ever had voiced concerns to the state before the suit was filed.

"This lawsuit came at us without anyone ever talking to us about the issue," Nelson said. "And no one had ever claimed or alleged any type of discrimination."



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They made us many promises, more than I can remember. But they kept but one - They promised to take our land...and they took it. -- Chief Red Cloud
Tunkashila, Let us stand Coalition strong in protection of our lands, our beliefs, our Sacred Spirituality, and our traditional Indigenous ways of life. We stand in strong support of Indigenous Rights and the Inherent Allodial title of Dakota, Lakota, and Nakota Lands. Let us reclaim what is ours and work diligently to preserve what we now have.
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