Voting Rights · Report · File No. 261104-653
Judge orders South Dakota county to let Yankton Sioux man vote in 'Natives Vote' shirt
A federal judge ruled Tuesday that Charles Mix County's electioneering policy likely violated Lonnie Provost's First Amendment rights, and he cast his ballot in the shirt. The order required workers at every county polling place to admit voters wearing similar apparel.
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A federal judge on Tuesday ordered Charles Mix County, South Dakota, to let a member of the Yankton Sioux tribe vote wearing a "Natives Vote" T-shirt, and the man cast his ballot in the shirt later that day 1.
Lonnie Provost sued in federal court Monday, claiming a First Amendment violation after county election officials turned him away from his polling place during the 2024 general election because of the shirt 1. County auditor Jason Gant has said such shirts violate state laws against electioneering, which bar campaign materials within 100 feet of a polling place, according to Provost's complaint 1.
Provost's attorneys said they repeatedly told state and county officials the policy violated constitutional rights, and the officials did not agree 1. After Gant remained unmovable following a message sent Wednesday, the attorneys concluded they would have to sue in federal court, according to the account in the source 1. Samantha Blencke of the Native American Rights Fund, which co-represented Provost, said the group had been working with Provost since the 2024 incident and initially reached out to the South Dakota Secretary of State's Office with no success 1.
U.S. District Judge Karen E. Schreier, a Bill Clinton appointee, granted the request for a temporary restraining order Tuesday morning after a hearing at the federal courthouse in Sioux Falls 1.
Plaintiff has demonstrated a likelihood of success on his First Amendment claim.
Schreier required Gant to instruct election workers at every Charles Mix County polling place that any voter wearing the "Natives Vote" shirt or similar apparel be allowed to vote 1. The order remains effective until voting is completed at all county polling places 1.
An emailed message to an attorney representing Gant and the county was not immediately returned Tuesday afternoon 1.
What the lawyers said
No voter should have to choose between expressing pride in Native electoral participation and casting a ballot.
Blencke said the Native American Rights Fund had been working with Provost since the 2024 incident, and that the group initially reached out to the South Dakota Secretary of State's Office with no success 1.
Why it matters
The ruling turned on the judge's reading that the shirt carries a nonpartisan message about Native voter participation rather than support for any candidate, party or ballot measure 1. That matters because the county's electioneering rule is written to keep campaign material away from the polls, and the judge found no reasonable basis for applying it to this shirt on the record before her 1.
The pattern is a familiar one in voting-rights disputes: a county policy applied at the polling-place door, a voter who says it burdened a constitutional right, and a court asked to act before the ballot is cast 1. Here the court acted on the morning of Election Day, and the voter voted in the shirt he was once turned away for wearing 1.
The Record
- Charles Mix County election officials turned Lonnie Provost away from his polling place during the 2024 general election because he wore a "Natives Vote" T-shirt, according to his complaint 1.
- Provost sued in federal court and requested a temporary restraining order allowing him to vote the next day in the shirt 1.
- U.S. District Judge Karen E. Schreier granted the motion Tuesday morning after a hearing in Sioux Falls 1.
- Provost cast his ballot wearing the "Natives Vote" shirt following the judge's order 1.
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Sources
- Courthouse News, “South Dakota voter wins order allowing ‘Natives Vote’ T-shirt at polling site” (2026-11-03). courthousenews.com/south-dakota-voter-wins-order-allowing-na
- Courthouse News Service, “South Dakota voter wins order allowing 'Natives Vote' T-shirt at polling site | Courthouse News Service” (2026-11-03). courthousenews.com/south-dakota-voter-wins-order-allowing-na
Found an error? Tell the newsroom. Corrections are noted at the top of the story.
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