South Dakota voter wins order allowing ‘Natives Vote’ T-shirt at polling site

Yankton Sioux tribe member Lonnie Provost sued Monday, claiming a First Amendment violation after he was turned away from a South Dakota polling place for wearing the shirt.(CN) — A member of the Yankton Sioux tribe cast his ballot Tuesday at a polling place in Wagner, South Dakota, wearing the apparel of his choice. But he needed a a federal judge’s order to do so.In a complaint filed in federal court Monday, Lonnie Provost said Charles Mix County election officials turned him away from his polling place during 2024 general election because he wanted to cast a ballot wearing a “Natives Vote” T-shirt.Jason Gant, the auditor, has said those tees violate state laws against electioneering, which prevents anyone from displaying campaign materials within 100 feet of a polling place, according to Provost in his complaint.Since that day, Provost’s attorneys repeatedly told state and county officials the policy violated his and others’ constitutional rights. Those officials did not see it his way.On Monday, Provost sued and requested a temporary restraining order allowing him to vote the next day wearing the shirt. U.S. District Judge Karen E. Schreier granted the motion Tuesday morning following a hearing at the federal courthouse in Sioux Falls.“Plaintiff has demonstrated a likelihood of success on his First Amendment claim,” wrote Schreier, a Bill Clinton appointee, in her order. “His shirt conveys a nonpartisan Native voter participation message without advocating for or against a candidate, political party, or ballot measure. On the present record, defendants’ treatment of that message as prohibited campaign material lacks an objectively reasonable basis consistent with the First Amendment.”Schreier required Gant to instruct election workers at every Charles Mix County polling place that any voter wearing the “Natives Vote” shirt or similar apparel be allowed to vote.Following Schreier’s order, Provost successfully cast his ballot wearing the “Natives Vote” shirt.“No voter should have to choose between expressing pride in Native electoral participation and casting a ballot,” said Samantha Blencke, senior staff attorney for the Native American Rights Fund, which co-represented Provost.“The actions by Charles Mix County send precisely the wrong message,” added Thad Titze, an associate at Robins Kaplan firm in Sioux Falls, which is co-representing Provost. “Our democracy depends on an active citizenry, one that takes the responsibility for casting a ballot seriously. We need more people following Lonnie’s enthusiasm, not less.”An emailed message to an attorney representing Gant and the county was not immediately returned Tuesday afternoon.Provost seeks a declaratory judgement and permanent relief.Blencke said in an interview with Courthouse News that the Native American Rights Fund had been working with Provost since the 2024 incident. They initially reached out to the South Dakota Secretary of State’s Office with no success.After Gant remained unmovable following a message sent Wednesday, Provost’s attorneys realized they would have to sue in federal court.The order remains effective until voting is completed at all Charles Mix County polling places Tuesday.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads