A federal judge is expected to rule next week in a lawsuit challenging how South Dakota notifies voters who are registered as “federal-only.”
The case focuses on a state law that requires new voters to provide proof of U.S. citizenship. Those who do not provide the required documentation can still register, but receive ballots that include only federal races and not state or local contests.
The League of Women Voters and a Sioux Falls resident argue that letters sent to federal-only voters are misleading because they do not always accurately explain why a voter received that designation or how the issue can be corrected.
Attorneys for the plaintiffs told the court the letters violate voters’ due process rights and create confusion for people trying to register to vote.
State attorneys argue the lawsuit was filed against the wrong parties and maintain that county auditors, not the Secretary of State’s Office, are responsible for voter registration decisions.
U.S. District Judge Eric Schulte heard arguments Friday and says he expects to issue a decision in the case sometime next week.
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