JUDGE APPROVES S.D. COUNTY REDISTRICTING

Joe Kafka
July 15, 2006

A federal judge has approved a redistricting plan forged by the Charles Mix County Commission after it was sued by the American Civil Liberties Union on behalf of several American Indians in a voting rights lawsuit.

U.S. District Judge Lawrence Piersol said the plan, which established a commissioner district with a majority of Indians, solves the problem of having too large a deviation in the populations of the three county commissioner districts.

Piersol had ruled earlier that the previous districts were unconstitutional.

Commissioners redrew them in November, and an Indian won the Democratic primary on June 6. Sharon Drapeau, who is one of the plaintiffs in the ACLU lawsuit, automatically will become a county commissioner on Jan. 1 because no Republican ran in that district.

Still pending in the lawsuit are requests by the ACLU that the county could change no existing election procedures or practices before 2013 without federal approval and that Piersol retain jurisdiction over redistricting until the end of that seven-year period.

The ACLU said that will ensure against enactment of any Indian voting barriers. It also noted that a petition is circulating to increase the number of Charles Mix county commissioners to five.

The petition drive started just days after Drapeau was elected, said John Keller of Huron, an attorney representing Indian voters in the ACLU lawsuit.

''The petition is a transparent attempt to undermine Drapeau's power on the county commission,'' Keller wrote in arguments to Piersol.

Federal oversight until 2013 by the U.S. Justice Department would ensure that any increase in the number of county commissioners would not be discriminatory, Keller continued.

However, Sara Frankenstein, a Rapid City lawyer who represents the Charles Mix County auditor and commission, said it is false to insinuate that the petition to increase the number of commissioners to five was done in response to Drapeau's victory.

The petitions date as early as April 3, a full two months before the election, Frankenstein wrote.

''(The) plaintiffs' allegations that the petitions were created and circulated in response to a Native American candidate winning a seat is obviously and simply untrue,'' she continued.

Frankenstein added that it's premature to assume that the petition drive will be successful. Even if the required number of signatures is turned in, county residents still would have to vote on the proposal, she said.

An employee in the county auditor's office said it will require 898 valid signatures to put the issue on the ballot. About 800 names had been submitted by Friday, and the deadline is Monday, the employee said.

Drapeau said Friday that she believes the petition drive is a blatant attempt to dilute her voting strength on the commission.

''The thought of a different voice on that commission is just frightening to some people,'' she said.

Drapeau said she not only will be the first Indian on the county commission but also will be the first woman. She said she will represent all races as a commissioner.

''Isn't that what we're supposed to do?'' she asked.

''A lot of non-Indian people have told me they are for me,'' Drapeau added.

A copy of the petitions, circulated by John Fuerst of Geddes, was submitted to Piersol by the ACLU. The Associated Press could not reach Fuerst on Friday.