On May 17, a federal district court in South Dakota delivered an important victory to plaintiffs in Rosebud Sioux Tribe v. Barnett. The case challenges South Dakota state agencies’ alleged failure to comply with key provisions of the National Voter Registration Act of 1993 (NVRA), commonly known as the “motor voter” law.

In the lawsuit, plaintiffs Rosebud Sioux Tribe, Oglala Sioux Tribe, Lakota People’s Law Project, and two tribal members allege that the State has violated the NVRA’s requirements that voter registration services be provided at driver’s license and public assistance offices. Plaintiffs allege that the State’s NVRA violations have depressed voter registration rates and disenfranchised tribal members in recent years.

In a 23-page decision, the court denied South Dakota’s motion to dismiss the Lakota People’s Law Project and individual plaintiffs from the case, holding that all plaintiffs have standing to bring the NVRA claims in the case. The court also denied the State’s request to dismiss the Department of Labor and Regulation as a defendant, holding that plaintiffs sufficiently alleged that the department is a public assistance agency required to provide voter registration services by the NVRA.

Plaintiffs’ motion for summary judgment on their NVRA claims is currently pending. A trial in the case is scheduled for July 2022.

Joseph Wardenski of Wardenski P.C. represents plaintiffs as outside counsel to Demos, together with co-counsel at the Native American Rights Fund and the Pechota Law Office. Wardenski P.C. law clerk Julio Castillo contributed to Plaintiffs’ opposition to the motion to dismiss.

Published Decision

Rosebud Sioux Tribe v. Barnett, 603 F. Supp. 3d 783 (D.S.D. 2022)

Key Documents

Memorandum and Order (5.17.2022)

Amended Complaint (8.10.2021)

Media

Judge advances ‘motor voter’ lawsuit by Sioux tribes (Courthouse News Service | 5.17.2022)