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ACLU, Sioux Settle Election Lawsuit
The Washington Post
Saturday, November 9, 2002
Associated Press
SIOUX FALLS, S.D., Nov. 8 -- A settlement was reached in a lawsuit
filed on behalf of Sioux tribes that accuses South Dakota officials of
ignoring a federal law that protects the voting rights of minorities.
The American Civil Liberties Union had sued the state for the Oglala
and Rosebud Sioux tribes, claiming officials failed to secure federal
approval for changes to election law in two counties that are home to
Indian reservations.
A 1972 amendment to the Voters Rights Act requires that election law
changes in certain areas must first be authorized by the Justice
Department or the U.S. District Court in Washington, D.C.
The lawsuit alleged that about 600 election-related laws and
regulations concerning Shannon and Todd counties were passed without
federal approval, and that such authorization was sought fewer than 10
times.
Under the settlement, the state must obtain approval from the Justice
Department on all voting law changes enacted since the amendment's
adoption. It also suspends two statutes -- one concerning election
runoffs and another city council seats -- that ACLU attorneys say put
Indians at a disadvantage.
The population of Shannon County, home to the Oglala Tribe, is 94.2
percent Indian. Todd County, which encompasses the Rosebud Sioux
Reservation, is 85.6 percent Indian.
The agreement must be approved by a three-judge panel in federal court.
The state elections supervisor said he felt the lawsuit was unnecessary
because no one had ever voiced concerns about election laws before the
suit was filed in August.
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