State appeals voting-rights case

By Celeste Calvitto, Journal Staff Writer | Tuesday, August 09, 2005

Previous Page

Share

• del.icio.us
• Digg
• NewsVine
• Fark

Print

Email

PIERRE - The state of South Dakota is appealing a ruling to the U.S. Supreme Court in a voting-rights case brought by the American Civil Liberties Union.

A three-judge federal panel last month ordered the state to submit a voter redistricting law passed by the South Dakota Legislature, HB1265, to the U.S. Justice Department for review under "pre-clearance" provisions in Section 5 of the 1965 Voting Rights Act.

The state law was passed in the wake of a lawsuit by the ACLU involving the drawing of boundaries for electoral districts in Charles Mix County.

The ACLU's lawsuit, filed in January, claimed that the voting strength of American Indians was diluted by the way the districts were drawn.

Under HB1265, counties can redraw county commission districts at times other than immediately after the 10-year census if they believe they don't comply with provisions of state or federal law.

Section 5 of the Voting Rights Act requires some jurisdictions to show the Department of Justice that a voting change does not have a discriminatory purpose or effect on minority voters.

"It is our position that neither the state of South Dakota nor Charles Mix County are covered jurisdictions," Sherri Sundem Wald, South Dakota assistant attorney general, said Monday.

Sundem Wald said that any legislation pertaining to Todd and Shannon counties would be subjected to pre-clearance because they contain a majority of American Indian voters. "We recognize that," she said. "There is no dispute there."

But Charles Mix County does not fit that profile, she said.

Bryan Sells, a lawyer with the ACLU's Voting Rights Project, said: "Every South Dakotan deserves an equal right to vote. It is sad to see the state of South Dakota spend its scare resources once again to deprive its citizens of the important protections in the Voting Rights Act.

"It is ironic that the appeal coincides with the anniversary of the Voting Rights Act, which was signed into law 40 years ago Saturday."

Both Sells and Sundem Wald said that the court would likely deal with the case through a summary disposition based on briefs rather than oral arguments.

"In the overwhelming majority of this kind of appeal, the Supreme Court puts it stamp of approval," Sells said. "From our point of view, that's good. In any event, we are confident will we win on appeal."

Contact Celeste Calvitto at 394-8438 or celeste.calvitto@rapidcityjournal.com