Case: U.S.A. v. South Dakota

This is a case about the protection of the voting rights of Native Americans in state legislature elections.  South Dakota has 35 legislative districts, each of which elects one senator and two representatives.  Before the 1990 census, the two representatives were elected at large to represent the entire legislative district.  The legislature redistricted in 1991 "in order to protect minority voting rights”: District 28 in the north central part of the state was split into two single-member House districts, District 28A and District 28B.  District 28A included the Cheyenne River Sioux Indian Reservation and the South Dakota portion of the Standing Rock Sioux Indian Reservation and had a majority American Indian population.  However, in 1996, the state legislature eliminated these two single-member districts and reconstituted District 28 with two representatives to be elected at large.  

On March 28, 2000, the United States of America filed a lawsuit against South Dakota under the Voting Rights Act of 1965 and the South Dakota Constitution in the U.S. District Court for the District of South Dakota, Central Division. In addition to a declaratory judgment, the government sought an injunction against the defendants from administering at-large elections in South Dakota State House of Representatives District 28, alleging that the intent and effect of eliminating District 28A was to unlawfully discriminate against Native American voters in the district.  The case was assigned to District Judge Charles B. Kornmann. On April 10, 2000, Judge Kornmann consolidated this case with Emery v. Hunt, 3:00-cv-03008, where Native American registered voters and residents of Dewey County, in District 28 of the South Dakota legislature, filed a similar lawsuit against South Dakota to address the alleged violation of voting rights wrought by the 1996 redistricting.  

The District Court requested certification from the South Dakota Supreme Court on the issue of state constitutionality. On July 26, 2000, the South Dakota Supreme Court ruled that the 1996 legislative action, which joined Districts 28A and 28B, was in violation of the South Dakota Constitution, which allowed redistricting only every ten years.  615 N.W.2d 590.  

Consequently, recognizing the state court's decision, on August 10, 2000, Judge Kornmann vacated the results of the 2000 election primary for District 28, and ordered that special primary elections be held for Districts 28A and B.

There was subsequent litigation on the issue of attorneys' fees, which Judge Kornmann granted in part and denied in part. 132 F. Supp. 2d. 803. Ultimately, on February 25, 2002, the Eighth Circuit Court of Appeals remanded the question to the District Court. 272 F.3d 1042. On December 12, 2002, Judge Kornmann ordered additional fees to be awarded to the plaintiffs. 236 F. Supp. 2d. 1033.  The case is now closed.