Comprehensive Agreement Reached to Settle South Dakota Tribes’ “Motor-Voter” Lawsuit

Voting & DemocracyRosebud Sioux Tribe v. Barnett

Sep 6

On September 6, a federal court approved a comprehensive settlement agreement in Rosebud Sioux Tribe v. Barnett, resolving a lawsuit brought by two South Dakota tribes and other plaintiffs challenging the State of South Dakota’s noncompliance with the National Voter Registration Act (NVRA), commonly known as the “Motor-Voter” law.

Under the detailed agreement, the South Dakota Secretary of State and several state agencies have agreed to make sweeping changes to how South Dakota provides federally mandated voter registration services at driver’s license offices and public assistance agencies throughout the state.

The agreement follows the courts’ May 2022 decision holding that South Dakota had violated the NVRA in multiple ways. In that decision, the Court held that the State had failed to comply with its obligations to provide voter registration services to residents applying for, renewing, or making an address change request in connection with driver’s licenses, state-issued ID card, and public assistance benefits.

Plaintiffs in the lawsuit are the Rosebud Sioux Tribe, Oglala Sioux Tribe, Lakota People’s Law Project, and voters Kimberly Dillon and Hoksila White Mountain. The suit was filed after an investigation uncovered rampant statewide noncompliance with the NVRA, particularly in Native American communities.

Joseph Wardenski of Wardenski P.C. represented Plaintiffs as outside counsel to Demos, in partnership with co-counsel at the Native American Rights Fund and Terry Pechota of the Pechota Law Office in Rapid City, SD. Wardenski P.C. law clerk Julio Castillo and former law clerks Ezra Clark and Michael Hannaman contributed to the firm’s work on the case.