2010

Brooks v. Gant

“Until Four Directions came along, two predominantly Native American counties in South Dakota had practically no access to in-person early voting. I was proud to spearhead litigation in Federal court with the help of Four Directions that now requires the state to open satellite voting offices for equal access to in-person early voting. Today, Native voters are turning out at higher and higher rates because of the voting rights work Four Directions is doing.”

STEVE SANDVEN, ATTORNEY

The Problem

Five counties across three Indian reservations offered satellite voting offices for the first time ever, and with Four Directions financial support, the Tribes were able to mount a robust Native vote GOTV operation.

Days	Election
0	2004 primary election
16	2004 general election
0	2006 primary election
0	2006 general election
2	2008 primary election
2	2008 general election
0	2010 primary election
22	2010 general election

Source: Sandven Aff. Ex. 5 S. Ganje Answer to Interrogatory 2.

The Solution

File suit against the Secretary of State to force Shannon County to open satellite voting offices for in-person early voting after he denies all official requests.

The Four Directions Approach

Four Directions pursued simultaneous motions with the Shannon County Commission and the Secretary of State to take official actions before going to federal court:

1. Shannon County Commission

Four Directions helped recruit Shannon County voters who made official requests from the Shannon County Commission to open satellite voting offices. Shannon County Commissioners never sought funding for the offices – even after the Secretary of State informed them in 2008 that they could use Help America Vote Act funds to open the offices.

2. Secretary of State

Four Directions helped recruit Shannon County voters who wrote to the Secretary of State seeking financial assistance to open a satellite voting office. The Secretary of State did not respond to the voters. In fact, he didn’t even attempt to follow up with Shannon County to address the issue. Instead, he punted the issue over to a staff attorney who took no further action.

3. Federal Court

With continued inaction, attorney Steven Sandven, representing Native voters, filed suit against the Secretary of State with the American Civil Liberties Union filing an amicus brief.

Result

Over the next three years, the state fought Native plaintiffs until the state reached an agreement with Shannon County to open satellite voting offices for the general election through the 2018 elections. The issues raised in the court case then informed a new HAVA task force that released HAVA funds for 3 additional counties with large Native populations.

Judge Rules in Favor of Oglala Voting-Rights Plaintiffs

STEPHANIE WOODARD

INDIAN COUNTRY TODAY MEDIA NETWORK; 9.25.13

“They Caved”: Tribe Claims Win in SD Voting-Rights Suit