South Dakota: Online voter registration not coming to South Dakota in the near future | KSFY

With 20 states currently allowing online voter registration and seven states plus the District of Columbia in the process, South Dakota legislators are waiting for a push from voters before considering any legislation. “There has not been a push for it, or vocal opposition to it, as far as I know,” said House Democratic Leader and Board of Elections Member Richard Casey. “I believe the change to allow online voter registration would have to be adopted by the legislature.” The new online systems would allow people to sign up anywhere with an internet connection. Applicants must provide their driver’s license number and the last four digits of their social security number.

South Dakota: Federal judge refuses to dismiss Jackson County voting rights case involving tribal members | Associated Press

A voting rights lawsuit filed last year by four Oglala Sioux tribal members against Jackson County will be allowed to proceed following a ruling by a federal judge. County officials had asked U.S. District Judge Karen Schreier to dismiss the lawsuit, but she has denied the motion. Schreier determined the tribal members have provided enough information to support their allegations.

South Dakota: Court Says Sioux Voting Rights Suit Will Proceed | Courthouse News Service

A lawsuit alleging that Jackson County has impaired Native Americans’ right to vote on the Pine Ridge Indian Reservation in South Dakota will move forward, a federal judge ruled on May 1. Plaintiff Thomas Poor Bear, Vice President of the Oglala Sioux Tribe, filed the lawsuit in September 2014, alleging that Jackson County’s refusal to open a satellite voter registration office on the reservation amounted to discrimination against Native American voters, many of whom did not have transportation to the county seat for voting. The defendants – Jackson County, County Auditor Vicki Wilson, and County Commissioners Glen Bennett, Larry Denke, Larry Johnston, Jim Stillwell and Ron Twiss – responded by filing a motion to dismiss, arguing “the complaint contains no facts showing that the plaintiffs were unable to vote absentee or vote by regular ballot.”

South Dakota: Lawmakers pass stiffer election laws | Aberdeen News

A variety of changes to South Dakota’s elections law, including stiffer requirements for independent candidates and for any candidate to withdraw from the ballot, won passage Friday from the Legislature. The House of Representatives voted 50-16 and the Senate 26-7 to approve the package. The measure, Senate Bill 69, began as proposals from new Secretary of State Shantel Krebs and the state Board of Elections to provide an earlier window for candidates to circulate nominating petitions and to provide more time for court challenges of petition signatures.

South Dakota: Election Review Committee completes recommended guidelines | KSFY

Long lines, wrong ballots, and missing names at the polls. Many voters haven’t forgotten those and other problems faced during the 2014 elections. The Minnehaha County Election Review Committee hopes to fix those issues with a list of guidelines they hope will prevent a repeat with future elections. The committee took a vote on several recommendations to prevent more problems at the polls. Voter Theresa Stehl said “we’ve had voting centers moved about with every election. We’ve had reports of absentee ballots being sent to the wrong person, people don’t know where they’re supposed to be voting, so i’m really glad we’re taking a look at this.”

South Dakota: Election review board may propose legislation changes | Argus Leader

A committee reviewing election issues in Minnehaha County moved one meeting closer to releasing what its chairman later called “a series of recommendations and critiques,” some of which could require changes made in the state Legislature. Election night issues last November kept the state’s largest county from reporting election results until 14 hours after the polls closed. That followed problems in the 2012 election and issues in last April’s city election. The seven-member committee heard testimony for well over two hours Friday and ended the meeting receiving copies of a draft report that will be examined during the next two weeks. That draft report will not be made public, said Robert Wilson, the county employee assigned to the election review committee. All this effort is designed to prevent what chairman Bruce Danielson described as “heartache and headache and voter frustration” when elections go wrong and people are unsure whether their vote will be counted properly.

South Dakota: Voting: ‘It’s a piece of technology. It can fail’ | Argus Leader

What exactly kept Minnehaha County from reporting election totals for 14 hours in the last general election, and how should the auditor’s office make sure it never happens again? The seven-member panel appointed to answer those questions reviewed the issues again Friday as it spent more than two hours on the matter with several issues brought up. Earlier questions on problems with the machines that counted the votes, and froze on election night, had been put to the manufacturer, but it did not respond until an hour before this meeting and did not address what happened on election night. The machines apparently were too sensitive, rejecting ballots with stray marks as “overvotes.” Pennington County had the same problem during the election, said its county auditor, Julie Pearson, but only briefly. It was fixed with a simple adjustment to the equipment. Making that change eliminated the rejection of ballots with hesitation marks.

South Dakota: Amendment Would Make Ballot Access More Difficult for Independent Candidates | Ballot Access News

On January 28, the South Dakota Senate State Affairs Committee amended SB 69 to make ballot access more difficult for independent candidates. Furthermore, the committee defeated an amendment that would have eased the deadline for a newly-qualifying party to submit its petitions, and approved the original part of the bill that moves the new party deadline from March to February. The votes on these amendments were all party-line, with all Republicans voting in favor of making ballot access more restrictive, and all Democrats voting in favor of easing ballot access. As amended, SB 69 says that no one can sign an independent candidate’s petition except voters who are registered “independent.” The bill also lowers the number of signatures needed for an independent, from 1% of the last gubernatorial vote, to 1% of the number of registered independents. The number of signatures for a statewide independent for 2016 would fall from 2,775 to 862. However, the net effect of the change would be to make ballot access worse for independents. Only 16% of South Dakota voters are registered “independent.” Going out on the street with a petition in which only 16% of the registered voters are eligible to sign would be difficult: effective petitioning depends on speed, and having to ask every person encountered if he or she is a registered independent would be perceived as nosy, and would be time-consuming. Also, not everyone knows whether or not he or she is registered “independent”. It’s especially likely that even well-informed voters wouldn’t know if they are “Nonpartisan” or “independent.”

South Dakota: Proposed election law changes move forward at Capitol | Times Union

South Dakota lawmakers are moving quickly on an election law package to expand state and citizen oversight of candidates’ petitions to secure a spot on the ballot. Two state Senate panels on Wednesday approved parts of the package put forward by Secretary of State Shantel Krebs and the bipartisan state Board of Elections. The Senate Local Government Committee approved a measure allowing the Secretary of State’s office to audit a random sample of voter signatures from statewide candidates’ petitions.

South Dakota: Minnehaha County election review highlights machine issues | Argus Leader

One of Minnehaha County’s $110,000 voting machines froze up Friday during a demonstration for the Election Review Commission. Twice. The freezes could have been a metaphor for the election night woes that kept the state’s largest county from reporting election results until 14 hours after the polls closed: Nothing went as smoothly as promised. The speedy new machines — one of which broke down for 45 minutes on election night — were meant to help the county avoid a repeat of 2012’s last-in-the-state reporting. But they proved too sensitive, rejecting ballots with tiny marks in the wrong place as “overvotes.” Drops of coffee, food stains and light pencil marks caused rejection, too, forcing resolution boards to recreate and rule on 600 total ballots. They also went down for 45 minutes on election night.

South Dakota: Native Voting Plaintiffs Got It Right, Says DOJ | Indian Country

The U.S. Department of Justice has submitted a Statement of Interest in the federal voting-rights lawsuit, Poor Bear v. Jackson County (South Dakota). The agency supports the Oglala plaintiffs’ allegation that restricting voter registration and in-person absentee voting (often called “early voting”) to an off-reservation county seat makes it difficult for them to vote and is discriminatory. The statement also cites the need to ensure that the Voting Rights Act “is properly interpreted and…vigorously and uniformly enforced.” “Many of us lack the vehicles and gas money to get to the county seat in Kadoka,” explained lead plaintiff, Oglala Sioux Vice President Tom Poor Bear. He and other plaintiffs live in the town of Wanblee, in the portion of Pine Ridge Indian Reservation that overlaps Jackson County. They want a Wanblee satellite voting office offering the same election services that the primarily white population of the county receives in Kadoka. They also want the county to come under special Justice Department scrutiny via the VRA’s Section 3.

South Dakota: Obama Administration Intervenes In Native American Voting Rights Lawsuit | ThinkProgress

The U.S. Department of Justice has intervened in a lawsuit accusing a South Dakota county of disenfranchising Native Americans living on the Pine Ridge Reservation, arguing the case should move forward because the issues in question fall under the still-enforced sections of the Voting Rights Act. In the months leading up the November election, Native Voting rights advocates filed a lawsuit against Jackson County, South Dakota accusing it of requiring Native Americans to travel often prohibitively long distances to vote instead of opening a satellite office on the reservation. In response to the litigation, Jackson County opened a satellite center for voter registration and early voting in the town of Wanblee on the reservation, but the legal action continued in order to ensure the voting rights would be maintained for future elections. County officials filed a motion to dismiss the litigation after the November midterm, arguing that Native Americans still have three ways to vote absentee including traveling to the county auditor’s office which is more than 27 miles away from Wanblee. But when the DOJintervened, it said the issues presented in the lawsuit should be considered as violations of Section 2 of the Voting Rights Act, which designates Native Americans as a protected class.

South Dakota: Legislature to consider tightening election laws | Rapid City Journal

The Legislature will be asked to strengthen South Dakota’s election laws regarding candidate-petition signatures, which made headlines several times last year. One major change calls for signatures to be spot-checked on candidate petitions for statewide offices, similar to the process already used for statewide ballot measures. On Monday, the state Board of Elections and Secretary of State Shantel Krebs endorsed the proposal. They plan to submit legislation for consideration in the 2015 session that opens Jan. 13. Their proposal calls for checking the validity of a random sample of 5 percent of the signatures on a petition. A would-be candidate found to have insufficient valid signatures after the spot check could appeal that adverse finding to circuit court.

South Dakota: DOJ asks judge to not dismiss voting rights suit | Associated Press

The U.S. Department of Justice is asking a federal judge in South Dakota to not dismiss a lawsuit that tribal members filed against Jackson County in which they claim the county doesn’t give equal voting access to Native American voters. After the November election, the county’s attorneys filed a motion asking U.S. District Judge Karen Schreier in Sioux Falls to toss the case arguing that the lawsuit does not contain proof that the county disenfranchised Native Americans — a protected class under the Voting Rights Act. But the federal agency believes the complaint shows otherwise.

South Dakota: Shannon County name change in Legislature’s lap | Rapid City Journal

In the November general election, voters in Shannon County overwhelmingly approved changing the name to Oglala Lakota County, but the new name cannot go into effect without legislative action. Patrick Weber with the Gov. Dennis Daugaard’s office said it’s unknown when the South Dakota Legislature intends to pass the needed joint resolution to rename Shannon County. The county includes the majority of the land on the Pine Ridge Indian Reservation. It had been named after Peter Shannon, a chief justice of the Dakota Territory Supreme Court who later helped negotiate land deals with the Lakota. Shannon isn’t well thought of among many Native Americans. When the name change is finalized, it will mark the first time in more than 100 years that a South Dakota county has undergone a name change, according to the South Dakota Historical Society.

South Dakota: Complaints surface about fall election | Argus Leader

The Minnehaha County Commission pushed off until Nov. 18 a review of the general election, marked by ballot counting that did not conclude until the next morning and questions about why some voters received incorrect ballots. Three people didn’t want to wait. They used the public comment portion of a commission meeting Wednesday to voice complaints and observations about the election. Commissioners listened to the testimony but did not comment. Lori Stacey, head of South Dakota’s Constitution Party, brought a broadly focused indictment of the election to commissioners’ attention. She claimed two of her party’s candidates, Curtis Strong, who planned to run for governor and Charles Haan who was going to run for the U.S. House, were incorrectly denied a place on the ballot. Having faced no primary opposition, they should have automatically been on the general election ballot, Stacey said. Instead, Secretary of State Jason Gant and Attorney General Marty Jackley ruled those candidates did not meet the threshold of petition signatures necessary to get on the ballot.

South Dakota: Human error, not new high-tech ballot machines, to blame for Pennington’s late election results | Rapid City Journal

The Pennington County Auditor’s Office used a $232,000 federal grant on two new high-tech ballot-counting machines this year to increase the speed and accuracy of its elections. So, how did it work? As with any new technology, there was a learning curve and bugs in the system that led to a long night for Auditor Julie Pearson and her staff, forced a tedious process of recounting or re-creating thousands of ballots on the fly and produced election results two hours later than usual. And yet, the problems ultimately had nothing to do with the new Election Systems & Software DS850 ballot machines, but rather were due to human error and inexperience with the technology, Pearson said on Friday. “The technology did exactly what it was supposed to do,” Pearson said. “We just had to change our processes.”

South Dakota: Native Americans say voting rights are violated | Associated Press

The Wanblee residents argue in the lawsuit that Jackson County is discriminating against Native Americans by not opening a satellite office in their community for voter registration and absentee voting, the Rapid City Journal (http://bit.ly/11aqVOs ) reported Sunday. Oglala Sioux Tribe vice president Thomas Poor Bear is among the plaintiffs. The plaintiffs on Friday filed a motion asking U.S. District Judge Karen Schreier to issue a preliminary injunction ordering the county to open a satellite office in Wanblee for the time left before the election. Jackson County auditor Vicki Wilson declined to comment on the details of the lawsuit. Meanwhile, South Dakota Secretary of State Jason Gant says all of the county’s residents have the same access to voter registration and absentee voting as every South Dakotan. “We are 100 percent equal across the state,” Gant said. “Every South Dakota county has at least one location within their county borders where people can absentee vote face-to-face.”

South Dakota: Judge rules against Libertarian in ballot lawsuit | Associated Press

A federal judge ruled Thursday against the South Dakota Libertarian Party in an attempt to add its Public Utilities Commission candidate to the November general election ballot. U.S. District Judge Lawrence Piersol heard arguments and concluded Secretary of State Jason Gant followed state law last week in declaring Ryan Gaddy, of Sioux Falls, ineligible to run for the office because he didn’t change his party affiliation from Republican in time to be nominated at the Libertarian convention. “It seems to the court Secretary Gant had no alternative other than to deny the application,” Piersol said. He also deemed constitutional a state law requiring candidates to be members of the party that nominates them.

South Dakota: Libertarians seek to stop ballot printing | Associated Press

South Dakota’s Libertarian Party asked a federal judge Wednesday to stop Secretary of State Jason Gant from printing November general election ballots without the name of its candidate for the state Public Utilities Commission. Gant last week ruled Ryan Gaddy ineligible to run for the office, saying Gaddy didn’t comply with a state law that requires candidates to be members of the party that nominates them. Gaddy changed his party affiliation from Republican at the Libertarian convention, but the official paperwork wasn’t filed until later. That meant Gaddy was still a Republican at the time of his Libertarian nomination, a violation of state law, according to Gant.

South Dakota: Judge orders Gant to add Lora Hubbel to Lieutenant Governor ballot | Argus Leader

Voters will see gubernatorial candidate Mike Myers’ pick for lieutenant governor on their ballot this fall, not his original choice who later withdrew. A federal judge on Monday ordered Secretary of State Jason Gant to print ballots listing Lora Hubbel’s name as Myers’ running mate. Gant had refused to do so, saying there’s no state law allowing an independent candidate to be replaced. But Judge Lawrence Piersol said that was likely an “oversight” and that not letting Myers replace his running mate would infringe on his rights and impose an “unequal burden” on non-party candidates. Gant said he wouldn’t appeal Piersol’s order and would immediately add Hubbel to the official candidate list. Ballots will be printed in early September. “I’m very glad the court has decided this is how they want to do it, and we’re happy to do it,” Gant said after the ruling.

South Dakota: High-speed ballot-counting machines to Minnehaha coming for fall election | Argus Leader

Minnehaha County election workers will be able to count ballots faster this fall. Commissioners approved the purchase of two high-speed ballot-counting machines Tuesday, using $217,625 from the Help America Vote Act. The new machines can count 300 ballots a minute, more than twice as many as the four old machines that are being replaced. The new tabulators will used for this fall’s general election. Auditor Bob Litz said that will make results available more quickly on election night. Even as the county population grows, he said they’ll be able to keep up with ballot counting “and still not break a sweat.”

South Dakota: Independent Myers sues Gant to replace running mate | Argus Leader

Independent gubernatorial candidate Mike Myers on Monday sued Secretary of State Jason Gant for not letting him replace his running mate on the November ballot. Myers’ lawsuit asks Judge Lawrence Piersol to order Gant to certify Lora Hubbel as his new lieutenant governor pick. Myers originally ran with Caitlin Collier as his lieutenant governor. But when Collier faced family health issues, she attempted to withdraw, leading Myers to pick Hubbel as his new running mate. But while South Dakota law has provisions for nominees of political parties to be replaced on the ballot, there’s no such provision for independent candidates. As near as anyone can tell, no independent lieutenant governor candidate has ever tried to withdraw from the ballot in South Dakota history.

South Dakota: A new lieutenant for Myers, but law doesn’t allow switch | Argus Leader

On Tuesday, independent gubernatorial candidate Mike Myers will announce a new running mate after his previous pick for lieutenant governor backed out due to a family health problem. Whoever Myers unveils next week, however, it will be Caitlin Collier’s name who appears on the ballot in November. In a possible oversight, South Dakota law doesn’t provide for an independent candidate to replace his or her running mate. “Her name cannot be removed from the ballot,” said Secretary of State Jason Gant. “There is not a law that states how an independent candidate can be replaced.” Lieutenant governor candidates nominated by a political party might be able to be replaced, though Gant said needed to review the law before speaking definitively.

South Dakota: Costs, logistics slow voting center expansion | Rapid City Journal

Despite few reported problems with voting centers during South Dakota’s recent primary election, lofty setup costs and logistics are slowing the expansion of the system that replaces residents’ precincts. According to the National Conference of State Legislatures, South Dakota is one of 10 states that let counties adopt the alternative system. They rely on an electronic check-in process that gives voters the flexibility of visiting one of several locations in the county. Seven counties used the centers in the primary. Research indicates that the centers save money in the long run, said Wendy Underhill, a program manager with the National Conference of State Legislatures. But skeptics argue implementation of the system could be pricey.

South Dakota: State, counties find bumps, success in voter registration system | Argus Leader

The TotalVote comprehensive voter database got its first statewide test in the primary election June 3. Whether it succeeded depends on whom you talk to. While reported problems seem roughly proportional to the size of the counties using it, Minnehaha County Commissioners heard enough tales of voters being directed to the wrong precincts in the low-turnout primary to spark concern about how TotalVote will perform in the November general election, when turnout is expected to be much higher. Getting the election right is a sobering responsibility for public officials. The effect, for them, of heading toward the general election with potentially unresolved TotalVote issues might be summer dreams haunted by apocalyptic visions along the lines of Supreme Court justices peering owlishly at hanging chads and banana republic dictators winning elections by margins greater than 100 percent.

South Dakota: Voters Face Polling Confusion | KDLT

Polling centers have been replaced by precincts for this Primary Election. And that’s caused a lot of confusion throughout the day. Long lines have turned into mix-ups. In April’s city election, voters could go anywhere; Tuesday however, that wasn’t the case. Minnehaha County Auditor Bob Litz said, “We had our usual flurry of calls at 7 o’clock this morning from people wondering where they were supposed to go.”

South Dakota: Davison County Voting Machine Fails To Read 700 Ballots | KDLT

Davison County has something no other county in South Dakota has: a new up-to-date voting machine that is supposed to count ballots easier and quicker. But the new device didn’t quite do its job last night. It failed to read around 700 ballots, creating some headaches for the County Auditor. The new voter machine in Davison County is supposed to be a big improvement over the equipment it replaced, but during Tuesday night’s election it worked almost too well. “The ballot marks on the back bled through to the front. You can’t see it with the naked eye, only the machine read it,” said Kiepke.

South Dakota: Testimony reveals Native Americans still face obstacles at the polls | Rapid City Journal

Some people believe that intimidation of minority voters is a concern of the past, but testimony at a public hearing Thursday revealed concerns that Native Americans still face obstacles when it comes to getting to the polls. Rapid City resident Mark Lone Hill spoke during the National Commission on Voting Rights hearing at the Journey Museum about his experience voting in the 2012 general election. “I filled out my ballot and made sure everything was checked out. So I go up to put it in the box, then this lady comes up and says: ‘Hold on, I want to make sure you’re putting that in right,'” Lone Hill said. “I know I had it in right, but she pulls it out, takes out my ballot and looks at it, then she turned it over and looked at it up and down to see who I’m voting for,” he continued. “Then she says, ‘Oh OK, I just wanted to put it in for you.'” Lone Hill said he was the only Native American at the polling station, the Bethel Assembly of God in north Rapid, at the time. This woman did not approach any other voter to check their ballots, he said. At least not until later that evening when his father went to vote at the same place.

South Dakota: App aids South Dakota residents, students in voting | The Volante

The South Dakota Secretary of State’s office released a new iOS and Android app called Vote605 this month to help South Dakota residents, including students, get voter information for the mid-term election. After logging in with voter’s name and zip code, information for the upcoming election appears. The app shows a map of the poll location. The app also has a sample ballot for voters to look at prior to voting. The selections made in the sample ballot are not transmitted to or tracked by the state. Information that is considered private such as a social security number or full birthdate is not in the application. The voter record is also not tied to the address of the voter to further protect the voter, according to the Secretary of State’s office.