Case: League Of Women Voters of South Dakota v. Noem

4:22-cv-04085 | U.S. District Court for the District of South Dakota

Filed Date: June 28, 2022

Closed Date: Jan. 27, 2023

Clearinghouse coding complete

Case Summary

This case is about the League of Women Voters of South Dakota and the League of Women Voters of the United States (collectively, the “League”) and two private plaintiffs asserting that South Dakota Senate Bill 180 (“SB180”) would limit petition circulators who contact voters of proposed ballots measures to residents of South Dakota who have lived in the state for more than 30 days, severely restricting voters’ access to ballot measures and voter-engagement organizations’ ability to engage in po…

This case is about the League of Women Voters of South Dakota and the League of Women Voters of the United States (collectively, the “League”) and two private plaintiffs asserting that South Dakota Senate Bill 180 (“SB180”) would limit petition circulators who contact voters of proposed ballots measures to residents of South Dakota who have lived in the state for more than 30 days, severely restricting voters’ access to ballot measures and voter-engagement organizations’ ability to engage in political activity. The plaintiffs allege that SB180 violates the First and Fourteenth Amendments to the United States Constitution, as enforced by 42 U.S.C. Section 1983 and rights guaranteed by Article VI Sections 18 and 19 of the South Dakota Constitution.

On June 28, 2022, the plaintiffs commenced this action in the United States District Court for the Southern District of South Dakota. The plaintiffs requested that the Court enter a declaratory judgment that the residency requirement of SB180 on its face and as applied violates the First and Fourteenth Amendments to the United States Constitution, violates Article VI Sections 18 and 19 of the South Dakota Constitution, enjoin the defendants from enforcing the residency requirement of SB180, and award the plaintiffs the cost of this action together with their reasonable attorneys’ fees and expenses.

On July 15, 2022, the plaintiffs filed a first amended complaint.

On September 8, 2022, the plaintiffs filed a motion to strike in their entirety the affirmative defenses asserted by the defendants and moved for judgment on the pleadings as to the affirmative defenses.

On December 12, 2022, the Court issued an opinion and order that granted in part and denied in part the plaintiffs’ motion to strike defendants’ affirmative defenses.

On January 26, 2023, the plaintiffs and defendants jointly filed a stipulation to dismiss. The reasons for the dismissal are not clear to the Clearinghouse at this time. The following day, the Court issued a judgment of dismissal that the case was dismissed on its merits, with prejudice.

Seemingly, this case is now closed.

Summary Authors

Leilani Argersinger (3/13/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63555788/parties/league-of-women-voters-of-south-dakota-v-noem/


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Documents in the Clearinghouse

Document
1

4:22-cv-04085

Complaint

League of Women Voters of South Dakota v. Noem

June 28, 2022

June 28, 2022

Complaint
3

4:22-cv-04085

First Amended Complaint

League of Women Voters of South Dakota v. Noem

July 15, 2022

July 15, 2022

Complaint
22

4:22-cv-04085

Plaintiffs' Motion to Strike Defendants' Affirmative Defenses and in the Alternative, Motion for Judgment on the Pleadings as to Affirmative Defenses

League of Women Voters of South Dakota v. Noem

Sept. 8, 2022

Sept. 8, 2022

Pleading / Motion / Brief
30

4:22-cv-04085

Rule 16 Scheduling Order

League of Women Voters of South Dakota v. Noem

Sept. 30, 2022

Sept. 30, 2022

Order/Opinion
32

4:22-cv-04085

Opinion and Order Granting in Part and Denying in Part Plaintiffs' Motion to Strike Defendants' Affirmative Defenses and in the Alternative, Motion for Judgment on the Pleadings as to Affirmative Defenses

League of Women Voters of South Dakota v. Noem

Dec. 12, 2022

Dec. 12, 2022

Order/Opinion
33

4:22-cv-04085

Stipulation of Dismissal

League of Women Voters of South Dakota v. Noem

Jan. 26, 2023

Jan. 26, 2023

Settlement Agreement
34

4:22-cv-04085

Judgment of Dismissal

League of Women Voters of South Dakota v. Noem

Jan. 27, 2023

Jan. 27, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63555788/league-of-women-voters-of-south-dakota-v-noem/

Last updated Oct. 31, 2025, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT, $402 fee paid, receipt# ASDDC-3821670, in shell case on 06/28/2022 filed by League of Women Voters of the United States, League of Women Voters of South Dakota, Susan Randall, Kathryn Fahey. (SAC) (Entered: 06/28/2022)

June 28, 2022

June 28, 2022

Clearinghouse
2

NOTICE (Rule 73 Memo). (Attachments: # 1 Blank AO 85 Form)(SAC) (Entered: 06/29/2022)

June 29, 2022

June 29, 2022

3

First AMENDED COMPLAINT . (Heidepriem, Pete) (Entered: 07/15/2022)

July 15, 2022

July 15, 2022

Clearinghouse
7

Summons Issued as to Steve Barnett, Kristi L. Noem, Mark Vargo. 3 Summons(es) delivered to plaintiff's counsel via electronic delivery. (SLW) (Entered: 07/19/2022)

July 19, 2022

July 19, 2022

8

NOTICE of Appearance by Clifton E. Katz on behalf of Steve Barnett, Kristi L. Noem, Mark Vargo. (Katz, Clifton) (Entered: 08/01/2022)

Aug. 1, 2022

Aug. 1, 2022

10

ADMISSION of Service of Summons and Complaint served on Mark Vargo on July 28, 2022, filed by League of Women Voters of South Dakota. (Heidepriem, Pete) (Entered: 08/02/2022)

Aug. 2, 2022

Aug. 2, 2022

11

ADMISSION of Service of Summons and Complaint served on Kristi Noem on July 28, 2022, filed by League of Women Voters of South Dakota. (Heidepriem, Pete) (Entered: 08/02/2022)

Aug. 2, 2022

Aug. 2, 2022

9

ADMISSION of Service of Summons and Complaint served on Steve Barnett on July 28, 2022, filed by League of Women Voters of South Dakota. (Heidepriem, Pete) (Entered: 08/02/2022)

Aug. 2, 2022

Aug. 2, 2022

12

ANSWER to 3 Amended Complaint by All Defendants. (Moore, James) (Entered: 08/18/2022)

Aug. 18, 2022

Aug. 18, 2022

13

ORDER for Discovery Report and Scheduling Information. Signed by Chief Judge Roberto A. Lange on 08/19/2022. (SAC) (Entered: 08/19/2022)

Aug. 19, 2022

Aug. 19, 2022

14

MOTION for Attorney Caren Short to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3864444) by Kathryn Fahey, League of Women Voters of South Dakota, League of Women Voters of the United States, Susan Randall. (Heidepriem, Pete) (Entered: 08/29/2022)

Aug. 29, 2022

Aug. 29, 2022

15

MOTION for Attorney Celina Stewart to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3864449) by Kathryn Fahey, League of Women Voters of South Dakota, League of Women Voters of the United States, Susan Randall. (Heidepriem, Pete) (Entered: 08/29/2022)

Aug. 29, 2022

Aug. 29, 2022

16

ORDER granting 14 Motion for Admission Pro Hac Vice of Attorney Caren Short for Kathryn Fahey, League of Women Voters of South Dakota, League of Women Voters of the United States, and for Susan Randall. Signed by Chief Judge Roberto A. Lange on 08/30/2022. (SAC) (Entered: 08/30/2022)

Aug. 30, 2022

Aug. 30, 2022

17

ORDER granting 15 Motion for Admission Pro Hac Vice of Attorney Celina Stewart for Kathryn Fahey, League of Women Voters of South Dakota, League of Women Voters of the United States, and for Susan Randall. Signed by Chief Judge Roberto A. Lange on 08/30/2022. (SAC) (Entered: 08/30/2022)

Aug. 30, 2022

Aug. 30, 2022

18

MOTION for Attorney AZAR ALEXANDER to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 400000594) by League of Women Voters of South Dakota. (Heidepriem, Pete) Modified to add receipt information on 9/7/2022 (MSB). (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

19

MOTION for Attorney CARA LAWSON to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3870762) by League of Women Voters of the United States. (Heidepriem, Pete) (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

20

ORDER granting 18 Motion for Admission Pro Hac Vice of Attorney Azar A. Alexander for League of Women Voters of South Dakota. Signed by Chief Judge Roberto A. Lange on 09/08/2022. (SAC) Modified docket text on 9/8/2022 (SAC). (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

21

ORDER granting 19 Motion for Admission Pro Hac Vice of Attorney Cara A. Lawson for League of Women Voters of the United States. Signed by Chief Judge Roberto A. Lange on 09/08/2022. (SAC) (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

22

MOTION to Strike affirmative defenses, and in the alternative, motion for judgment on the pleadings as to affirmative defenses by Kathryn Fahey, League of Women Voters of South Dakota, League of Women Voters of the United States, Susan Randall. (Heidepriem, Pete). Added Alternative MOTION for Judgment on the Pleadings on 9/9/2022 (SLW). (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

Clearinghouse
23

MEMORANDUM in Support re 22 MOTION to Strike affirmative defenses, and in the alternative, motion for judgment on the pleadings as to affirmative defenses filed by All Plaintiffs. (Heidepriem, Pete) (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

24

MOTION for Attorney Amartya Bagchi to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3873088) by Kathryn Fahey, League of Women Voters of South Dakota, League of Women Voters of the United States, Susan Randall. (Heidepriem, Pete) (Entered: 09/12/2022)

Sept. 12, 2022

Sept. 12, 2022

25

MOTION for Attorney Michael Dockterman to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number ASDDC-3873090) by Kathryn Fahey, League of Women Voters of South Dakota, League of Women Voters of the United States, Susan Randall. (Heidepriem, Pete) (Entered: 09/12/2022)

Sept. 12, 2022

Sept. 12, 2022

26

ORDER granting 24 Motion for Admission Pro Hac Vice of Attorney Amartya Bagchi for Kathryn Fahey, League of Women Voters of South Dakota, League of Women Voters of the United States, and Susan Randall. Signed by Chief Judge Roberto A. Lange on 09/13/2022. (SAC) (Entered: 09/13/2022)

Sept. 13, 2022

Sept. 13, 2022

27

ORDER granting 25 Motion for Admission Pro Hac Vice of Attorney Michael Dockterman for Kathryn Fahey, League of Women Voters of South Dakota, League of Women Voters of the United States, and Susan Randall. Signed by Chief Judge Roberto A. Lange on 09/13/2022. (SAC) (Entered: 09/13/2022)

Sept. 13, 2022

Sept. 13, 2022

28

Discovery Report by Kathryn Fahey, League of Women Voters of South Dakota, League of Women Voters of the United States, Susan Randall.(Heidepriem, Pete) (Entered: 09/28/2022)

Sept. 28, 2022

Sept. 28, 2022

29

MEMORANDUM in Opposition re 22 MOTION to Strike affirmative defenses, and in the alternative, motion for judgment on the pleadings as to affirmative defenses MOTION for Judgment on the Pleadings filed by Steve Barnett, Kristi L. Noem, Mark Vargo. (Moore, James) (Entered: 09/29/2022)

Sept. 29, 2022

Sept. 29, 2022

30

RULE 16 SCHEDULING ORDER: Discovery due by 6/30/2023. Motions due by 8/1/2023. Signed by Chief Judge Roberto A. Lange on 9/30/22. (SKK) (Entered: 09/30/2022)

Sept. 30, 2022

Sept. 30, 2022

Clearinghouse
31

REPLY to 29 Memorandum in Opposition to Motion, filed by All Plaintiffs. (Heidepriem, Pete) (Entered: 10/13/2022)

Oct. 13, 2022

Oct. 13, 2022

32

OPINION and ORDER granting in part and denying in part 22 MOTION to Strike affirmative defenses, and in the alternative, motion for judgment on the pleadings as to affirmative defenses Signed by Chief Judge Roberto A. Lange on 12/12/2022. (KLE) (Entered: 12/12/2022)

Dec. 12, 2022

Dec. 12, 2022

Clearinghouse
33

STIPULATION of Dismissal by Steve Barnett, Kristi L. Noem, Mark Vargo (Moore, James) (Entered: 01/26/2023)

Jan. 26, 2023

Jan. 26, 2023

Clearinghouse
34

JUDGMENT OF DISMISSAL Signed by Chief Judge Roberto A. Lange on 01/27/2023. (KLE) (Entered: 01/27/2023)

Jan. 27, 2023

Jan. 27, 2023

Clearinghouse

Case Details

State / Territory:

South Dakota

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: June 28, 2022

Closing Date: Jan. 27, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

League of Women Voters of South Dakota ("LWVSD") and League of Women Voters of the United States ("LWVUS" and together with LWVSD, the "League") are grassroots, nonpartisan, community-based political organizations dedicated to encouraging informed and active participation in government and the political process through advocacy and education. Susan Randall is a former South Dakota resident and a member of the League. Kathryn "Katie" Fahey is Executive Director of The People and a member of the League.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Kristi L. Noem (Governor of South Dakota), State

John Doe (Attorney General of South Dakota), State

Steve Barnett (Secretary of State of South Dakota), State

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Equal Protection

Other Dockets:

District of South Dakota 4:22-cv-04085

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Conditional Dismissal

Private Settlement Agreement

Issues

Voting:

Voting: General & Misc.