A federal court on ordered protections for voters exercising their right to vote while wearing “Natives Vote” and other nonpartisan Native vote apparel.
In a suit filed Monday against Charles Mix County and Charles Mix County Auditor Jason Gant, in his official capacity, Yankton Sioux Tribe member Lonnie Provost alleged his First Amendment rights were violated when he was denied a ballot for wearing a “Natives Vote” shirt in 2024.
Provost testified about that experience and the likelihood of it reoccurring, given Auditor Gant’s position leading up to the election that these shirts violated South Dakota’s electioneering statute.
Judge Karen Schreier ruled on Election Day that voters must be allowed to wear nonpartisan Native Vote apparel while voting and instructed elections officials to communicate that ruling to poll workers throughout Charles Mix County. She found that Mr. Provost was likely to succeed on his claim that the restrictions violated his First Amendment rights. She granted emergency relief from the bench and subsequently issued a written temporary restraining order.
“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 (NARF), which co-represented Provost with the firm Robins Kaplan. “Lonnie’s shirt encourages Native people to vote. It supports no candidate, political party, or ballot measure. He should be able to wear it while exercising his right to vote.”
According to the complaint, in 2024, at least five and perhaps as many as 20 other Native voters were required to remove or cover their shirts to vote. Provost refused and was denied a ballot. NARF sought corrective action then and continued pressing county and state officials for protections before this year’s election.
Tuesday’s order prohibited officials from denying Provost a ballot or requiring him to remove, cover, or turn his protected apparel inside out.
After the court’s ruling, Provost successfully voted while wearing his “Natives Vote” shirt.
The order also requires Gant to immediately instruct election workers at every Charles Mix County polling place that eligible voters must be allowed to vote wearing nonpartisan Native Vote apparel. That includes “Native Vote,” “Natives Vote,” and “Get Out the Native Vote,” with variations in artwork or wording, provided the apparel does not also advocate for or against a candidate, party or ballot measure.
The court found that Gant’s recent assurances were insufficient to moot the case because he could reverse his instructions. Without court protection, Provost risked losing an opportunity that could not be restored after the election.
“The actions by Charles Mix County send precisely the wrong message,” said Thad Titze, an associate at Robins Kaplan. “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.”
The order remains effective until voting is completed at all Charles Mix County polling places on Election Day. The lawsuit also seeks declaratory and permanent injunctive relief.
Native voters who encounter difficulties obtaining or casting a ballot at any point before all votes are counted should contact NARF at the Election Protection Hotline 866-OUR-VOTE or [email protected].
