South Dakota
Counties fending off a storm of election-related lawsuits • South Dakota Searchlight
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.”
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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.”
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South Dakota
28 SD school districts to receive literacy grant
South Dakota
Rep. Dusty Johnson backs Senator Rounds push for investigation into mail service in South Dakota
RAPID CITY, S.D. (KOTA) -Congressman Dusty Johnson is backing Senator Mike Round’s push for an investigation in postal service delays in South Dakota.
Johnson took to social media saying Senator Mike Rounds was right to ask for an investigation into postal service delays in South Dakota. Rounds had previously sent a letter to the postal service’s inspector general asking for her to find the cause of mail delays in South Dakota. Rounds said in his letter he has heard from hundreds of constituents across South Dakota. Johnson opened up with KOTA Territory News about his support for the investigation.
“I think the postal service is a terrible disaster,” said Johnson.
Johnson noted that in the past the service did what he said was a pretty good job. Johnson says despite sending letters and making phone calls with the postal service, he has not gotten any answers.
“I have asked if I can come down to one of their facilities, get a tour so I can better understand what’s going on behind the walls. They have refused to even let me, a member of congress, come learn about how they conduct their business. And so, this appears to be an enterprise that A, is not improving, B, isn’t communicating why there, why there failing and C doesn’t even appear to be particularly interested in getting better,” explained Johnson.
Rounds has pointed to the problem as being that mail traveling across or into South Dakota taking indirect routes. Rounds previously took a meeting with the postmaster general however the senator appears not satisfied with the outcome.
Rounds wrote in part in his letter, “I expressed my concerns about this to the Postmaster General (PMG) Steiner who downplayed such issue existed in South Dakota.”
In a letter sent to Rounds in October, Postmaster General David Steiner said that fixing issues at central region plants in Chicago, St Louis and Kansas City will likely improve outcomes and that at the time it was something the USPS was actively working on. The postmaster general acknowledged poor performance for first class mail at the beginning of the year and mid-summer but noted that it has since improved. During the week ending September 19th for South Dakota’s postal district, about %93 percent of first-class mail was delivered on time and roughly %97 percent was delivered within one day of its expected arrival. The postmaster general said he wanted to focus on the %3 percent that’s not getting to its destination on time.
“It may be only a small percentage of the mail, but because we deliver hundreds of millions of pieces each day nationally, the raw number is large,” wrote Steiner.
Steiner emphasized that some mail in South Dakota has always left the state for processing before going to another part of the state. The postmaster general explained that some mail requires certain sorting equipment and therefor some mail travels to plants with the right equipment.
The postmaster general also maintained in his letter that mail going to and from the same area in South Dakota is not leaving the state.
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South Dakota
Best steakhouse in South Dakota? Top spots for premium cuts and sides
Step inside a few of South Dakota’s most iconic steakhouses, where the baked potatoes are foil-wrapped and the wood-fired grill is crackling.
Don’t mess with South Dakota’s red meat.
With some of the best, high-quality cattle in the country raised right here in the Mt. Rushmore state, you’ll easily find a ribeye nearby.
But not all steaks are the same. We compared the cut, the prep and the presentation and narrowed down a few of our favorite steakhouses for our carnivores.
Hartford Steak Co. Tavern
The concept for a small and affordable menu began with a burger sold for a nickel by Diane Friese’s great-grandfather in the 1920s. A family tradition untouched over the decades, you can still buy a filet mignon for an easy $15 at the Hartford Steak Co. today. But that’s about it. The filets are sized up to 24 ounces, then there’s steak tips or a hot beef sandwich to choose from. All come with a crisp, cold lettuce wedge, baked potato, and warm French bread. On the weekends, they spice it up with a $20 prime rib dinner (meaning the filets are off the menu, only one choice for you). Order a margarita on the side and enjoy a no-fuss night.
The Hartford Steakhouse has a second location in Vermillion, South Dakota.
Details: 709 N. Mundt Ave., Hartford, S.D., 605-528-6185, hartfordsteakcotavern.com.
Morrie’s Steakhouse
It’s giving Old Hollywood glam, some soft jazz and extravagance. Namesake Morrie Richards was a humble farmer from Ipswich, South Dakota, but Mama taught the family hospitality, and now the steakhouse is an experience for families and business diners. Steak is the star, but what comes with it elevates the night. Shared sides include loaded hash browns or smoked pork mac, and steak accompaniments include a 75-day-old cave-aged blue cheese slab or a three-day veal demi-glaze. Morrie’s honors community ranchers as well, bringing to the table local grass-fed butcher cuts and bone-in Tomahawk wagyu ribeyes.
Details: 2507 S. Shirley Ave., Sioux Falls, S.D., 605-362-8125, morriessteakhouse.com.
Mad Mary’s
Along the Big Sioux River in South Dakota is Mad Mary’s Steakhouse, a classic mom-and-pop in Flandreau, South Dakota, that’s been attracting hunters for more than 30 years. It’s changed hands a few times, but has been led now by Christina Ramos since 2018, who served at Mad Mary’s for more than a decade. She’s got a “secret seasoning” in the kitchen for her prime rib and sirloins, but come for the Butcher’s Trio to try it all: a plate of beef, chicken and pork served with a twice-baked potato and buttered toast for $50.
Mad Mary’s has a second location in Pierre, South Dakota, under different ownership, where you get a free T-shirt if you order a margarita. Size up after all that hearty South Dakota beef.
Details: 306 N. Veterans St., Flandreau, S.D., 605-997-9901, madmaryssteakhouse.com.
Ironwood Steakhouse
A bespoke contemporary experience in Sioux Falls, South Dakota, the Minneapolis-based restaurateurs of Ironwood Steakhouse bring to town their crisp white linens, sparkly chandeliers and floor-to-ceiling windows overlooking the Big Sioux River and Falls Park.
The maître d wears a suit and tie, so maybe you should, too.
The two-story, upscale supper club brings in its prime-aged beef from Snake River Farms in Idaho and cooks over coals for that unmistakable sear. Try the eight-ounce wagyu Zabuton, steak tartare or the steak Diane: an eight-ounce teres major cut with mushroom cream sauce.
Then return for their mushroom pierogis, rabbit stroganoff or even just an espresso martini at the bar, served with your own picture printed atop the foam.
A toast to our steak victors.
Details: 150 E. Fourth Place, Sioux Falls, S.D., 605-937-0280, ironwoodsf.com.
Delmonico Grill
Another for the upscale diners, Delmonico Grill in Rapid City, South Dakota, has been serving its in-house, dry-aged “Kona” Hawaiian style ribeye for nearly 20 years. It’s classic steakhouse fare in a comfortable atmosphere: Choose from intimate booths or red velvet benches, with a view of downtown Main Street always abuzz.
Details: 609 Main St., Rapid City, S.D., 605-791-1664, delmonicogrill.com.
Did we miss your favorite steakhouse? Drop us a line at ageorge@usatodayco.com with details.
Angela George is the trending news reporter for the Argus Leader in Sioux Falls, South Dakota, part of the USA TODAY Co. network. Email ageorge@usatodayco.com.
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