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
South Dakota GFP Commission Holds July Meeting
Definition of a Buck Deer and Bull Elk Antler
The Commission finalized a clean-up to remove “polished antler” and replace with “antler” from the definition of a buck and bull to allow an individual to harvest a velvet antlered deer or elk.
Spring and Fall Turkey Seasons
The Commission made several changes to the spring and fall turkey seasons.
For the Spring Turkey Season, references to federal property closures were removed from administrative rule and the Day and Codington County combined unit was separated into county specific units for Day (PST-22A) and Codington (PST-05A) counties.
Changes to the Fall Turkey Season include a weapons restriction change allowing for the use of rifles or shotguns for hunting turkeys in the fall for all units, except for Minnehaha County. In addition, the changes to fall turkey unit boundaries will result in the same Spring and Fall turkey unit boundaries for all units, except for the Black Hills.
The Commission closed Bennett and Sanborn counties to spring firearm turkey hunting. The Commission closed Gregory and Mellette counties to fall turkey hunting and opened Hughes County. All spring and fall turkey hunting season unit license numbers were finalized.
Tagging and Transportation of Shooting Preserve Harvested Pheasants
The Commission adopted additional allowances for the transportation of harvested birds from a private shooting preserve directly to a lodge or cleaning facility not located on permitted acres prior to tagging. This finalization is the result of a public petition.
PROPOSALS
Aquatic Invasive Species Regulations
The Commission proposed to add golden mussels to the current list of Aquatic Invasive Species. Currently, golden mussels have established populations in western North America and are spreading east. They have similar effects as zebra mussels. They are not in South Dakota at this time.
The Commission also proposed to exclude phragmites species from types of vegetation that can be used as blind material on boats when being launched or trailered. Phragmites could be used as blind material, but cannot be transported from the waterbody.
Bait Regulations
The Commission proposed to remove the requirement to submit an annual summary of bait harvested for resident bait dealers. Resident bait dealers who trap their own bait would still be required to maintain daily records of bait trapped.
Muskellunge Limits
The Commission proposed to modify the daily and possession limit of muskellunge and northern-muskellunge (tiger) cross from catch and release to 1 daily, 2 in possession with a 45-inch minimum length limit for inland waters.
Fishing Tournaments
The Commission proposed to modify the dates when a fishing tournament cannot occur to clarify fishing tournaments cannot occur on the Friday of the 4th of July weekend, if the 4th falls on a Friday, Saturday, Sunday or Monday.
Fish Pathogens
The Commission proposed to update the list of fish pathogens of regulatory concern used for fish importation permit requirements. This change would reduce the regulatory burden on importers and suppliers by reducing the number of pathogens that must be tested for. The proposed changes reflect current fish health standards and disease risk assessments while maintaining safeguards to prevent the introduction of significant fish pathogens into South Dakota waters.
Paddlefish Transportation
The Commission proposed to modify the transportation requirements for paddlefish harvested during the archery season below Gavins Point Dam to allow for harvested paddlefish to be cleaned, including removal of the head, skin and tail, prior to transport.
Bobcat Hunting Season
The Commission proposed the 2026-2027 and 2027-2028 Bobcat Hunting Season with no recommended changes to administrative rule from past years. With no changes to rule, the current season structure will be retained.
Endangered and Threatened Species
The Commission proposed to remove the Eskimo curlew and Least tern from the list of
endangered birds.
The Eskimo curlew is believed to be extinct throughout its range. The last confirmed
observation occurred in Barbados in 1963, and there are no records of the species in the South Dakota Nongame Conservation Database.
The Least tern was removed from the Federal List of Threatened and Endangered Species in 2021. In South Dakota, Least terns have been monitored annually for more than 30 years, and recovery criteria have been met for multiple consecutive years, including the most recent monitoring period.
Public Comments Being Accepted
To hear the discussion on these topics, audio from the meeting is available through South Dakota Public Broadcasting and will soon be available on the GFP website as part of the meeting archive.
To see these topics in their entirety, visit gfp.sd.gov/commission/information.
To be included in the public record and to be considered by the Commission, comments must include a full name and city of residence and be submitted by 11:59 p.m. CDT on Sept. 6.
The next GFP Commission meeting will be held in Winner, September 10-11.
South Dakota
MN officials warn dogs adopted from South Dakota show ‘high prevalence of canine brucellosis’
Image on the left shows a dog waiting for adoption in a shelter (Photo by Beata Zawrzel/NurPhoto via Getty Images). image on the right shows an optical microscope view of bacterium brucella canis causes brucellosis (Photo by: BSIP/Education Images/Un (Getty Images)
The Minnesota Board of Animal Health is warning that some dogs adopted from South Dakota are testing positive for canine brucellosis, a contagious and uncurable infection.
Dogs from South Dakota carrying canine brucellosis
By the numbers:
State officials say that so far in 2026, there have been seven canine brucellosis positive dogs traced to South Dakota.
What they’re saying:
Companion Animal Program Veterinarian Dr. Steve Kivisto shared the following statement on the matter.
“We’re evaluating new import requirements and quarantine procedures for dogs coming into Minnesota from South Dakota due to a high prevalence of canine brucellosis in dogs rescued from that geographic area in the past few years,” said companion animal program veterinarian Dr. Steve Kivisto. “We’ve also had recent cases imported from other states and will consider additional requirements if those also prove to contain a pattern of canine brucellosis.”
Dig deeper:
Canine brucellosis is an infection that primarily affects dogs, but there are strains capable of infecting other species, including humans.
The infection in dogs is not curable, and should an owner choose to attempt treatment, their pet could still continue to shed the bacteria. Infected dogs would either need to be quarantined for life or humanely euthanized to prevent the spread.
People who live with or work closely with animals are also at risk of contracting brucellosis.
What you can do:
Officials say anyone bringing dogs into Minnesota for resale or adoption must have a veterinarian examine the animal and sign off on a certificate of veterinary inspection certifying that it appears free from disease.
Testing is also highly recommended since infected dogs can appear healthy.
The Source: This story uses information shared by the Minnesota Board of Animal Health.
South Dakota
South Dakota T. rex could bring $30 million or more at auction
A Tyrannosaurus rex fossil discovered on a ranch in western South Dakota will be auctioned off in New York City on Tuesday with a possible sale price of $30 million or more.
The 38-foot long skeleton, nicknamed Gus, stands more than 12 feet tall and has one of the most complete T. rex skeletons ever found. According to Sotheby’s auction house, which is handling the sale, Gus could bring the highest sale price ever for a dinosaur fossil.
The dinosaur is from the late Cretaceous Period and was believed to have lived on Earth 67 million years ago.
The Harding County ranch where the skeleton was found lies in the famed Hell Creek Formation, a geological region of northwestern South Dakota and parts of Montana, North Dakota and Wyoming where dinosaur finds are fairly common.
Several other major dinosaur finds have been made there, including Sue, the famous T. rex discovered in 1990. After legal wrangling over ownership, Sue was auctioned in 1997 at a sale price of $8.3 million to the Field Museum of Natural History in Chicago, where it remains today.
(Photo: Malcolm Ritter)
The first piece of Gus, a metatarsal from the dinosaur’s foot, was found in 2021 sticking out of the ground on a Harding County ranch owned by Gary and Dana Licking. The find was made by paleontologists with Theropoda Expeditions, a Texas company specializing in commercial excavation, preparation and mounting of dinosaur fossils.
The fossil consists of 183 bone elements, making up 61% of the possible bones in the dinosaur’s body and representing 75% to 80% of the original bone mass by weight, Sotheby’s said.
The dinosaur Sue is 40 feet long and 13 feet tall and is considered the largest and most complete T. rex skeleton ever discovered at 90% of possible bone mass.
“This is our longest-term project ever,” Cassandra Hatton, worldwide head of Sotheby’s Science & Natural History division, said in the video. “From the day the first bone was discovered, we’ve been going back and forth to South Dakota to oversee this whole process.”
The lowest opening bid accepted will be $19 million, with an estimated sale price up to $30 million or more depending on buyer interest, Sotheby’s said.
Gus is named after rancher Gary Licking, whose nickname was Gus. Licking died at age 67 in February 2022, before the full extent of the T. rex skeleton was known.
Gary and Dana Licking married in 1983 and lived on their family ranch 11 miles west of Buffalo, according to Gary’s obituary.
Dana Licking said in Sotheby’s video that she was impressed at the level of skill and professionalism displayed by the paleontologists who discovered the skeleton.
“I’m really grateful that they found it because it could have been lost and nobody ever would learn anything about it,” she said.
Walter Stein, owner of PaleoAdventures in Belle Fourche, in western South Dakota, is an independent paleontologist who is also working to uncover fossils in the Hell Creek Formation.
Western South Dakota is likely to remain a hotbed for discovery of dinosaur fossils, said Stein, who last year opened the Dinosaurs of the Hell Creek Museum in Belle Fourche, a 6,500 square-foot museum with a working paleontology lab, interactive exhibits and dinosaur displays.
“Finding a Tyrannosaurus rex skeleton with 183 bones doesn’t happen every day,” he said.
Stein said the auction of Gus could lead to a purchase by either a museum or a private individual or group.
But it is unlikely an American museum would have the funding to acquire Gus because many are struggling or struggling financially, Stein said. Across the world, however, interest remains high in major fossils in countries where funding may be more accessible, such as in Japan, Korea, China, Dubai, Saudi Arabia or in Europe, Stein said.
“On the one hand, I would love for this and every fossil I collect to go to a museum,” he said. “However, there’s so many dinosaur specimens and skeletons on display, it’s not going to affect the science that much if it ends up in private hands.”
— This story originally published on southdakotanewswatch.org.
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