After Legal Back-and-Forth and Months of Confusing Administration of Documentation Laws, South Dakota Fixed its Notices to Voters

Today, United States District Court Judge Eric Schulte acknowledged that South Dakota’s updated notices to voters and guidance to counties resolve the constitutional violation that plaintiffs raised. These notices concern voters affected by the implementation of a new state law that requires new voters to provide unnecessary documentation of their U.S. citizenship when registering to vote. The state’s updated notices inform these voters on how to fix their registrations.

Because the state’s prior inaccurate notice letter threatened people’s ability to fix their registration and vote in upcoming state and local elections, the plaintiffs – the League of Women Voters of South Dakota and an individual voter, asked the court for expedited preliminary relief in advance of the 2026 general election. Finally, after a hearing before the District Court, South Dakota fixed its misleading notices and issued appropriate guidance to county auditors.

The case asserts that the state’s implementation of a new proof-of-citizenship requirement passed under Senate Bill 175 violates the Civil Rights Act and the United States Constitution’s guarantee of due process. If registrants do not provide the required documents, they are registered as federal-only voters, meaning they cannot vote in state and local elections. These voters were then sent an inaccurate, automated letter by the state’s registration system incorrectly informing them that an issue with their address caused them to be registered as a federal-only voter. The state was aware it was providing inaccurate information to some voters but refused to fix the notice letter before the November election—that is, until this lawsuit was filed and argued.

Following a hearing on the plaintiffs’ motion for preliminary injunction, the Secretary of State decided to issue new guidance and an updated notice letter that will now provide all federal-only voters with an explanation of their status, and if applicable, how to fix their voter registration by submitting documentation to their county auditor before South Dakota’s voter registration deadline.

In today's ruling, Judge Schulte emphasized that “voting is a fundamental right” and “prospective voters should be told the truth about their voting status.”

• "Every South Dakotan deserves to have their voice heard in this upcoming election, not to face barriers to the ballot box or receive misleading information about their voter registration from the state," said Mel Neal, legal counsel for voting rights at Campaign Legal Center. "We are glad to see the state right this wrong but plan to keep a close eye out and will continue to fight for voters."

• “No eligible voter should face unnecessary registration obstacles that keep them from participating in state and local elections,” said Martha Rossiter, ACLU of South Dakota legal director. “Time and time again, we’ve said that fixing this problem – simply updating the notice letter to reflect the accurate reason why someone has been designated as a federal-only voter – would be easy. We’re thrilled that the state finally agrees. Now all federal-only voters will know their status and how to fix their registration in time to vote on all the races that are on the November ballot.”

• “An informed voter is an empowered voter,” said Marcia Johnson, chief of activation and justice at the League of Women Voters. “When the state gives voters inaccurate information about their registration, it creates confusion and puts their ability to participate at risk. Today’s ruling makes clear that voters deserve accurate information about their status and a meaningful opportunity to fix any issues before Election Day. The League will continue working to ensure every eligible voter can make their voice heard.”

• “South Dakota voters deserve clear, accurate information about their registration and what they need to do to participate fully in our elections,” said Kathryn Johnson, president of the League of Women Voters of South Dakota. “No voter should be left confused about why they have been designated as a federal-only voter or how to fix an issue with their registration. We’re glad affected voters will now receive the information they need to understand their status and take action before the registration deadline.”

• “Voters should never have to navigate a bureaucratic mess to understand whether they are registered to vote or what they need to do to cast their ballot,” said Will Hughes, staff attorney with the ACLU’s Voting Rights Project. “Today’s ruling makes clear that South Dakota must give voters a real opportunity to correct any registration issues, not leave them in the dark and risk shutting them out of the political process. We'll continue challenging unnecessary barriers to vote and holding politicians accountable, while voters focus on the most important thing they can do this year: exercise their rights.”

The plaintiffs are represented by Campaign Legal Center, the American Civil Liberties Union Voting Rights Project, the ACLU of South Dakota, and Heidepriem Purtell Siegel Hinrichs, LLP.

Legal documents related to the case can be found here: https://www.aclusd.org/cases/lwvsd-v-johnson/.