Some county officials in South Dakota are still dealing with a flurry of election-related litigation that began last spring, despite several losses by plaintiffs claiming violations of election laws and after a judge labeled one lawsuit’s claims “not fully developed” and “illogical.”

At least a dozen county auditors have received petitions from local residents this year seeking to ban election technology such as electronic tabulators, and also seeking to require hand-counting in future elections. Three counties — Gregory, Haakon and Tripp — accepted petitions this summer and put them on the June primary ballot, where voters rejected all three measures.

The petitioners in South Dakota include people who believe former President Donald Trump’s false claims — thrown out by dozens of courts — that President Joe Biden’s 2020 victory over Trump was fraudulent (in South Dakota, Trump won with 62% of the vote in 2020). The South Dakota lawsuits are playing out amid a broader atmosphere of harassment against county officials, which recently took the form of activists accusing Minnehaha County commissioners of “treason” for upholding laws that allow people such as full-time traveling RVers to register and vote in South Dakota.

Lawrence County has been an epicenter for lawsuits in South Dakota, although most have been dismissed. The lawsuits began after the county commission rejected petitions seeking to ban various forms of election technology and require hand-counting. The commission cited reasons for the rejection including state and federal laws that require electronic voting systems for people with disabilities. 

A legal challenge to the commission’s rejection of those petitions remains active, as does one of five legal actions claiming the results from the June primary are invalid because of allegedly improper uses of tabulating machines. Another open case in Charles Mix County challenges a similarly rejected petition on hand counting.

In those two counties alone, eight legal actions have been filed under the banner of “election integrity” since last spring. 

What are the arguments?

Nichole Braithwait, who introduced and circulated the Lawrence County hand-counting petition, argues that county commissioners do not have the authority to reject a properly filed petition with enough signatures to support a public vote. The authority to determine a petition’s legality lies with the courts and not commissioners, her lawsuit says.

Braithwait is associated with South Dakota Canvassing, the group that helped coordinate the statewide petition effort seeking to require hand-counting at the county level.

“I am convinced that we are on the right side of this issue and eventually the people will realize that our elections are run by corporations where the people have no oversight,” Braithwait said in an emailed statement, adding that “our elections are selections.”

South Dakota’s elections are run by elected county auditors, and statewide results are reported by the Secretary of State’s Office. Government officials do contract with companies to provide electronic tabulating machines. Post-election audits after the June primary matched the machine tallies in most counties, with minimal discrepancies in some counties that did not change results.

Braithwait and some other South Dakotans who suffered rejected hand-counting petitions have been unable to find lawyers to represent them.

Braithwait’s lawsuits have cost her over $1,000 in printing costs alone, she said. She has taken time off work and away from her family to prepare and attend court.

Lawyer for counties calls lawsuits ‘frivolous’

Rapid City lawyer Sara Frankenstein specializes in election law and represents many South Dakota counties in election-related lawsuits, including some of Lawrence County’s. 

The petitioners’ struggle to retain a lawyer, Frankenstein said, reflects poorly on the claims in the lawsuits. Attorneys generally avoid cases with little to no chance of success, she said. 

Frankenstein described the lawsuits as “frivolous” actions that cost counties money for elected officials “just doing what they swore an oath to do,” which is conduct elections according to local, state and federal laws.

18-point loser won’t drop claims

Lawrence County elected officials have also faced six legal actions from Kate Crowley-Johnson, who ran unsuccessfully for state Senate as a Republican in the June primary. Four have been dismissed, one against the Lawrence County auditor and board of commissioners is pending, and an appeal was filed in another case in September.

Crowley-Johnson lost by 18 percentage points to incumbent Sen. Randy Deibert, R-Spearfish. She’s filed actions against Deibert, Lawrence County commissioners and the auditor challenging the use of automatic tabulating machines to count ballots.

In one case, Crowley-Johnson sued Deibert, requested a hand recount and called for a new election, alleging the county’s election equipment had not been properly tested. The judge dismissed her claims, citing a lack of evidence of voting irregularities.

“Many of the claims are not fully developed,” Judge Jeffrey Connolly wrote. “Many are illogical.”

Crowley-Johnson denied an interview request for this story but alleged in text messages to South Dakota Searchlight that “the court system broke its own laws.” She also used profanity in the text messages and accused South Dakota Searchlight of writing “propaganda.”

Deibert said the cases have caused unnecessary public costs.

“It is taxpayer dollars paying for our court system. People should understand that,” Deibert said. “We’re talking property tax dollars. These frivolous lawsuits are part of the problem.”

Voters in more than 100 school districts across Wisconsin will be asked to approve school referendums on Nov. 5, with educators saying the state Legislature is not adequately funding public education. 

This will be the third election cycle this year with large numbers of districts asking taxpayers to approve increased funding for schools, totaling about $6 billion across the state. 

At least 192 of the state’s 421 school districts have asked, or will ask, a referendum question in 2024. 

The November ballot includes 139 total referenda with 58 questions related to debt and 81 seeking recurring and non-recurring operating funds.

Approval for February and April referendums was only 60 percent — the lowest ever, indicating voter fatigue appears to have set in. 

In Wauwatosa, an affluent suburb of Milwaukee, the school district is asking voters to approve two funding requests: a $64.4 million operational increase and a $60 million increase to repair aging school buildings. 

If both measures are approved, it would mean about a $600 a year tax increase on a $300,000 home, according to the district. 

Across the community voters have signs in their yard supporting and disavowing the proposals. 

Superintendent Demond Means said Wauwatosa is a prime example of a “purple community.” 

“The property taxpayers are paying more than we receive in state aid,” Means said. “I think that makes passing referendums difficult.” 

School districts are funded by a mix of taxpayer dollars, state aid and federal aid. In Wauwatosa, about 44 percent of the district’s budget is paid for by tax dollars, 34 percent is paid for by state aid and 4 percent comes from federal aid, according to the Wisconsin Policy Forum. 

“ I believe that even the people who say ‘no’ to a referendum do want good schools,” Means said. “ They do want to make sure that kids are receiving the services that they want. It just disappoints me that the Legislature has placed communities in such a divisive, tension filled environment because it’s unnecessary. They have the funds to stop this, and they’ve just refused to do so.” 

The 2023-25 state budget included an annual funding increase for public schools of $325 per student to the state-imposed limit on revenues districts can receive in school aids and local property taxes combined. 

While this provides some relief, school districts say it didn’t catch them up from a freeze in state revenue caps in the previous two-year budget, or the declining enrollment many public school districts are experiencing.

Wisconsin ended its 2024 fiscal year in June with a $4.6 billion state budget surplus. The state’s “rainy day” fund hit a record-high of $1.9 billion. 

State Superintendent Jill Underly is calling on Legislators to use a portion of the surplus to fund public education.

“The news that Wisconsin has a budget surplus of more than $4.5 billion comes at a time when too many of our school districts across the state are forced to go to referendum just to keep the lights on and our teachers in the classroom,” Underly said in a statement. “Our legislature has woefully underfunded public education to the detriment of our kids and communities.”

Madison voters will be asked to consider both city and school-related property tax levies next month. 

The Madison Metropolitan School District has two referendum questions on the November ballot totaling more than $600 million.

The first, for $100 million, would  help the school district cover its operating costs. The second, for $507 million, would renovate and replace aging buildings.

The school referendums would be “unprecedented in size and scope in district history,” according to an analysis from the Wisconsin Policy Forum.

Superintendent Joe Gothard said the district does not have time to wait for “courageous” lawmakers to pass the required bills to properly fund school districts. 

“Taxpayers are stressed, inflation has impacted just about everything from personal finances and households to business and most certainly school districts,” Gothard said. “I’m concerned that without any change, the taxpayers are going to be looked at time after time to do the work that our state lawmakers are required to do.” 

On this episode of the Twentyman in the Huddle podcast presented by Microsoft, Tim Twentyman previews the Detroit Lions’ first NFC North matchup of the season when they visit the undefeated Minnesota Vikings. First, Tim welcomes defensive tackle Alim McNeill, who recently signed a four-year contract extension to make Detroit his home through the 2028 season. McNeill shares his mindset through the negotiation process and how grateful he is to remain a part of the organization and stay in the Motor City. Furthermore, Alim talks about his seven-quarterback pressure and two-sack performance vs. Dallas, and his confidence in his fellow D-linemen to step up in Aidan Hutchinson’s absence. Also, Alim shares who he thinks the strongest player is on the team. Next, Pride of Detroit and Lions beat writer Jeremy Reisman joins the show to analyze the three keys to the game. Tim and Jeremy go more in-depth on which defensive linemen have the potential to step up in Hutchinson’s place and they also discuss how Detroit must handle Minnesota’s blitz and elite passing game with quarterback Sam Darnold and wide receiver Justin Jefferson. On the final part of the show, ESPN’s Vikings and pro football reporter Kevin Seifert calls in to discuss all things Minnesota. Kevin shares what he thinks has been the catalyst for the Vikings’ 5-0 start, and how Minnesota defensive coordinator Brian Flores is prepping for Detroit offensive coordinator Ben Johnson’s scheme. Kevin also has insight on the latest Vikings injury news coming out of their bye week, Minnesota’s success with the blitz and one key for the Vikings to remain undefeated following Sunday’s matchup. Stay tuned for more postgame coverage of Lions-Vikings following Sunday afternoon’s game at U.S. Bank Stadium in Minneapolis, Minnesota!