Letter Summary

Dear Secretary Barnett:

We write on behalf of the Rosebud Sioux Tribe and their members, the Oglala Sioux Tribe and their members, Four Directions, and others similarly situated, to notify you that the state of South Dakota is not in compliance with Section 5 and Section 7 of the National Voter Registration Act (“NVRA”), 52 U.S.C. §§ 20501, et seq.

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Section 5 of the NVRA requires states, including South Dakota, to provide the opportunity to register to vote when people apply for driver’s licenses, renew their licenses, or update their addresses. Section 7 of the NVRA requires states, including South Dakota, to provide the opportunity to register to vote when people submit public assistance applications, recertifications, renewals, or changes of address. We urge you, as the State’s chief election official, S.D. CODIFIED LAWS § 12-4-33, to take immediate steps in conjunction with the South Dakota Department of Social Services (DSS), the South Dakota Department of Labor and Regulation (DLR), and the South Dakota Department of Public Safety (DPS), to bring the State into compliance with the NVRA.

Undersigned counsel have over a decade of experience in working with states to ensure compliance with the NVRA. We hope to work amicably with you to remedy South Dakota’s non-compliance, as we have done with many other states. However, if the violations described in this letter are not resolved promptly, this letter serves as notice that we will pursue litigation. Under Section 11 of the NVRA, 52 U.S.C. § 20510(b)(2), litigation may be commenced within 20 days after this notice is provided.

Download the full notice letter PDF