Federal Judge Rules South Dakota Voters May Wear 'Natives Vote' Shirts to the Polls
On Election Day, November 3, U.S. District Judge Karen Schreier for South Dakota issued an emergency ruling: Charles Mix County may no longer refuse ballots to voters for wearing nonpartisan apparel such as 'Natives Vote' shirts, and County Auditor Jason Gant must immediately notify poll workers at every polling place in the county to carry out the ruling. The plaintiff, Lonnie Provost, a member of the Yankton Sioux Tribe, was denied a ballot in the 2024 general election for wearing a T-shirt printed with 'Natives Vote'; he filed suit on November 2, alleging the county's practice violated his First Amendment rights. After a hearing in Sioux Falls, Judge Schreier granted emergency relief from the bench and then signed a written temporary restraining order, finding Provost likely to succeed: such apparel conveys a nonpartisan message encouraging Native participation in voting, rather than campaigning for a candidate, party or ballot measure, and so cannot be treated as unlawful electioneering. The ruling also makes clear that voters may not be required to remove, cover or turn such apparel inside out, and its protection covers phrasings including 'Native Vote,' 'Natives Vote' and 'Get Out the Native Vote.' After the ruling, Provost cast his ballot wearing the shirt. The Native American Rights Fund, which represents him, noted that in 2024 at least five and possibly as many as 20 Native voters were required to remove or cover similar apparel in order to vote. The temporary restraining order remained in effect until voting ended at all Charles Mix County polling places on November 3, and the case's claim for permanent relief remains pending.
Source: Native American Rights Fund
Published by GSM · USA (original Chinese edition)
Photo: 图：南达科他州议会大厦，位于 Pierre（w_lemay，CC BY-SA 2.0，经 Wikimedia Commons）。 / Photo: The South Dakota State Capitol in Pierre (w_lemay, CC BY-SA 2.0, via Wikimedia Commons).
