South Dakota
Explaining the lawsuit against South Dakota’s abortion-rights ballot measure
BY: SETH TUPPER
PIERRE, S.D. (South Dakota Searchlight) – A new court fight over South Dakota’s abortion-rights ballot measure could hinge on a complicated answer to a simple question: Does a set of six-year-old petition requirements still exist?
The court fight started Thursday, when the Life Defense Fund filed a lawsuit in state court. The lawsuit challenges the legitimacy of a citizen-initiated Nov. 5 ballot question that would reinstate abortion rights. The Life Defense Fund is a ballot question committee organized to oppose the measure.
Dakotans for Health is the ballot question committee that supports the measure and gathered the petition signatures to put it on the ballot. Instead of filing a response in state court, Dakotans for Health asked a federal judge on Tuesday to intervene on its behalf. To understand why, it’s necessary to retrace a series of legislative and court battles dating to 2018.
That’s when the Republican-dominated Legislature enacted restrictions on the petition process that citizens use to place measures on the ballot. The restrictions were intended to prevent non-South Dakotans from circulating petitions, in part by requiring petitioners to provide information proving their South Dakota residency.
One year later, in 2019, some lawmakers said out-of-state petitioners were circumventing the law. So the Legislature repealed part of the 2018 law and replaced it with a new law. Among other things, the 2019 law required all petition circulators to publicly disclose personal information including their address, email and phone number.
A ballot question committee, SD Voice, and a liberal blogger, Cory Heidelberger, successfully sued to block the 2019 law. They said the law violated their First Amendment free speech rights, had a chilling effect on petition circulators, and imposed “unwarranted new restrictions on the ballot measure process, for the purpose of further consolidating power in South Dakota’s dominant political party.”
In 2020, legislators responded with another new law applying similar requirements, but only to paid petition circulators. Dakotans for Health successfully sued to block that law. A federal appellate judge in the case wrote, “While South Dakota has important interests in protecting the integrity of the ballot initiative process, it has no interest in enforcing overbroad restrictions that likely violate the Constitution.”
Both the 2019 and 2020 laws included a 30-day residency requirement for petition circulators. That specific requirement was challenged in yet another lawsuit, filed by the League of Women Voters. The league agreed to drop its narrower lawsuit when Dakotans for Health succeeded with its wider suit.
According to the Life Defense Fund, the end result of all that lawmaking and litigating is that the original 2018 law still stands. It’s still “good law,” the group claims, because none of the subsequent bills that sought to repeal or amend it are currently in force. Those bills were challenged by opponents and blocked by the courts.
The Life Defense Fund therefore asserts that the abortion-rights petitioners were obligated to comply with the 2018 law, which requires sworn statements including information proving the petitioners’ South Dakota residency. The Life Defense Fund says Dakotans for Health failed to obey that law, and “therefore the entire petition is disqualified.”
Dakotans for Health says the Life Defense Fund lawsuit is an illegal attempt to resurrect the 30-day residency requirement for petitioners and “flout” the related court decisions. That’s why Dakotans for Health is asking a federal judge to prevent any state court from enforcing the residency requirement.
There are other allegations in the Life Defense Fund lawsuit: petition circulators failed to provide a required handout to signers, some signatures were counted as valid even though they’d been crossed out on the petition, some signers didn’t list the county where they’re registered to vote, some signers were allegedly duped into thinking they were signing a petition about repealing the sales tax on groceries, and so on.
“This will be proven by witness testimony,” Sara Frankenstein, the attorney for the Life Defense Fund, told South Dakota Searchlight.
Dakotans for Health, represented by attorney Jim Leach, asserts that the Life Defense Fund’s other allegations are insufficient to achieve its aim of removing the abortion-rights measure from the ballot. The petition circulator residency questions are “critical to the possible success” of the lawsuit, Dakotans for Health says in its federal court memorandum.
Nancy Turbak Berry, a Democratic former legislator who leads a coalition advocating for the ballot measure, panned the Life Defense Fund’s legal strategy.
“It is a press release masquerading as a lawsuit, designed solely to allow the opponents of reproductive freedom to peddle more inflammatory lies,” she said.
Dakotans for Health filed its ballot petition in May with about 55,000 signatures. The Secretary of State’s Office validated the petition after sampling the signatures and estimating that 46,098 of them were from South Dakota registered voters — more than the 35,017 needed to qualify for the ballot.
Abortions are currently banned in South Dakota, except to “preserve the life of the pregnant female.” The ballot measure would legalize abortions in the first trimester of pregnancy but allow the state to impose limited regulations in the second trimester and a ban in the third trimester, with exceptions for the life and health of the mother.
South Dakota Searchlight’s Joshua Haiar contributed to this report.
Here are the 2025-26 South Dakota Basketball Coaches Association All-State boys basketball teams:
Class AA
First Team
Sam DeGroot, SF Lincoln, 6-7, sr., F (20.9 points per game, 8.8 rebounds per game, 2.2 assists per game)
Blake Ellwein, Huron, 6-10, sr., G (22.6 ppg, 7.6 rpg, 2.1 apg)
Gavin Shawd, Tea Area, 6-1, jr., G (21.2 ppg, 3.8 rpg, 2.5 apg)
Stellen Larson, Harrisburg, 6-3, sr., F (14.3 ppg, 9.5 rpg, 1.7 apg)
Carter Buisker, Watertown, 6-3, sr., G (18.8 ppg, 2.3 rpg, 3.9 apg)
Brody Schafer, SF Lincoln, 6-0, jr., G (9.8 ppg, 1.9 rpg, 6.3 apg)
Second Team
Colton Smith, Mitchell, 6-5, sr., G-F (17.3 ppg, 9.4 rpg, 3 apg)
Davis Chase, Huron, 6-8, jr., F (15.6 ppg, 6.3 rpg, 1.6 apg)
Ayuel Deng, Brandon Valley, 6-3, sr., G (13.5 ppg, 6 rpg, 2 apg)
Sam Ericsson, SF Lincoln, 6-3, sr., G (13.4 ppg, 3.8 rpg, 2.4 apg)
Colby Nuttbrock, SF Jefferson, 6-5, jr., F (19 ppg, 7 rpg, 1.9 apg)
Grifin Wiebenga, Tea Area, 6-4, jr., F (16.9 ppg, 5.4 rpg, 3.4 apg)
Honorable Mention
Jackson McClemans, Watertown, 6-5, sr., G-F (14.8 ppg, 3.8 rpg, 6.0 apg)
Mason Clark, O’Gorman, 6-0, sr., G (13.1 ppg, 3 rpg, 3.3 apg)
Memphis Bylander, SF Roosevelt, 6-5, sr., F (11.2 ppg, 3 rpg, 2.2 apg)
Justin Bilal, SF Roosevelt, 6-5, sr., F (10.2 ppg, 4 rpg, 1.6 apg)
Hayden Rock, Sturgis, 5-11, sr., G (21.4 ppg, 4 rpg, 3.4 apg)
Bergan Tetzlaff, Brookings, 6-6, sr., F (15.3 ppg, 8.8 rpg, 3.2 apg)
• Player of Year — DeGroot.
• Repeat Selections — 2025 (Ellwein, DeGroot and Ericsson, first team; Schafer, Smith and Wiebenga, second team; 2024 (Ellwein and Smith, first team).
Class A
First Team
Brant Wassenaar, SF Christian, 6-4, jr., G (22.8 ppg, 7.4 rpg, 5.5 apg)
Marvin Richard III, Pine Ridge, 6-3, sr., G (30.3 ppg, 6.3 rpg, 5.5 apg, 92 steals)
Connor Mebius, West Central, 5-10, jr., G (17.6 ppg, 3.4 rpg, 5.6 apg)
Trey Hansen, Vermillion, 6-4, sr., G (25.9 ppg, 8 rpg, 6.1 apg, 68 steals)
Jackson Wadsworth, Hamlin, 6-3, jr., G (21.2 ppg, 5.3 rpg, 4.4 apg)
Sully Felberg, Clark-Willow Lake, 6-8, so., F (15.6 ppg, 7 rpg, 2.3 apg)
Second Team
Will Kuhl, West Central, 6-10, sr., F-C (15.7 ppg, 6.7 rpg, 1.6 apg)
Wyatt Gylten, St. Thomas More, 6-4, sr., G-F (19.2 ppg, 7 rpg, 4.2 apg)
Ryder Johnson, Groton Area, 6-5, sr., G (16.4 ppg, 5.7 rpg, 2.9 apg)
Riley Casey, Little Wound, 6-1, sr., G (26.8 ppg, 9.2 rpg, 5.8 apg, 75 steals)
Boden Stevenson, Hamlin, 6-5, jr., F (17.2 ppg, 6.1 rpg, 5.1 apg)
Tatum Sorensen, Dakota Valley, 6-2, sr., G (22.5 ppg, 6.7 rpg, 3.6 apg, 60 steals)
Third Team
Eddie Duffy, Stanley County, 6-2, jr., G-F (20.2 ppg, 6.8 rpg, 3.7 apg)
Tate Gerdes, Lennox, 6-3, sr., G (15.5 ppg, 6 rpg, 4 apg)
Aiden Hanssen, Lennox, 6-0, jr., G (17.8 ppg, 6 rpg, 3 apg)
Chris Bevers, Clark-Willow Lake, 6-3, jr., G (14.3 ppg, 6 rpg, 3 apg)
Zane Messick, Hill City, 6-0, sr., G (19 ppg, 4.3 rpg, 3.1 apg, 59 steals)
Cooper Goodbary, SF Christian, 6-4, sr., F (12.5 ppg, 5.6 rpg, 2.9 apg)
Honorable Mention
Luke Sheppard, Flandreau, 6-5, sr., F (16.3 ppg, 8.5 rpg, 5.2 apg)
Damien Clown, Cheyenne-Eagle Butte, 6-0, sr., G (15 ppg, 3 rpg, 2 apg)
Carter Craven, Winner, 6-6, jr., F (23.4 ppg, 10.7 rpg, 2.2 apg)
Brady Hiltunen, Sioux Valley, 6-2, jr., G (17 ppg, 4.5 rpg, 3.4 apg)
Levi Elk Nation, Cheyenne-Eagle Butte, 6-2, sr., G (13 ppg, 6 rpg, 5 apg)
Isaak Hunter, Miller, 6-4, sr., F (18.4 ppg, 7.3 rpg, 3 apg)
Paxton Deal, Stanley County, 6-0, sr., G (16.3 ppg, 3.8 rpg, 2.9 apg, 47 steals)
• Player of Year — Wassenaar.
• Repeat Selections — 2025 (Richard and Wassenaar, first team; Hansen, Gerdes and Mebius, second team; Craven, Johnson, Hunter and Felberg, third team; Goodbary and Kuhl, honorable mention); 2024 (Richard, first team; Hansen, honorable mention).
Class B
First Team
Grant Wilkinson, De Smet, 6-10, sr., C (24.4 ppg, 18.8 rpg, 45 blocks)
Teelen Kjerstad, Wall, 6-3, jr., G (27.9 ppg, 5.3 rpg, 4 apg, 91 steals)
Wesley Wittler, Sully Buttes, 6-1, sr., G (22.3 ppg, 10.5 rpg, 2.5 apg, 81 steals)
Brady Schroedermeier, Viborg-Hurley, 6-2, sr., F (22.7 ppg, 9.4 rpg, 2.7 apg, 70 steals)
Kamden Keszler, Castlewood, 6-3, jr., G (19.2 ppg, 3.5 rpg, 3.2 apg)
David Walter, Freeman, 6-5, so., G (17.7 ppg, 7.5 rpg, 3 apg)
Second Team
Brycen Bruening, Parkston, 6-2, jr., G (19.7 ppg, 6 rpg, 2.3 apg, 61 steals)
Colby Flowers, Wessington Springs, 6-5, sr., F (19 ppg, 9 rpg, 3 apg)
MJ Diehm, Lyman, 5-11, jr., G (19 ppg, 3 rpg, 6 apg, 60 steals)
Chance Schoenfeld, Deubrook Area, 6-9, sr., F-G (19.3 ppg, 8 rpg, 48 blocks)
Brooks Jett, Aberdeen Christian, 6-5, jr., f (13.9 ppg, 9.6 rpg, 29 blocks)
Ben Weber, Bridgewater-Emery, 6-6, sr., F (18.5 ppg, 10.7 rpg, 6 apg)
Third Team
Parker Graff, Wessington Springs, 6-1, sr., G (16 ppg, 5 rpg, 2 apg)
Tate Sorensen, Freeman, 6-2, sr., F (10.3 ppg, 5.6 rpg, 1.8 apg)
Emmet Dinger, Wall, 6-3, sr., F (15.7 ppg, 5 rpg, 2.5 apg)
Holden Wollman, Bridgewater-Emery, 6-2, sr., G (21.8 ppg, 6 rpg, 2 apg)
Jake Austin, Viborg-Hurley, 5-9, sr., G (12 ppg, 2.1 rpg, 2.3 apg)
Lucas Peskey, Iroquois-Lake Preston, 6-0, jr., G (19.6 ppg, 5.8 rpg, 3.2 apg, 56 steals)
Honorable Mention
Noah Luethmers, De Smet, 6-3, jr., G (14.3 ppg, 4.4 rpg, 2.2 apg)
Dawsen Volmer, Lyman, 6-4, jr., F-G (13 ppg, 7 rpg, 40 blocks)
Colt Keiser, Gregory, 6-6, sr., F (18.3 ppg, 10.7 rpg, 47 blocks)
Westyn Thorpe, Leola-Frederick Area, 5-10, sr., G (10.8 ppg, 3.8 rpg, 4.2 apg)
Kassen Keough, Langford Area, 6-0, sr., G (21 ppg, 5 rpg, 45 steals)
Hogan Hlavacek, Waubay-Summit, 6-7, so., C-F (16 ppg, 10.4 rpg, 2.2 apg)
Caleb Richmond, Wolsey-Wessington, 6-1, sr., G (15.3 ppg, 5 rpg, 4 apg)
• Player of Year — Wilkinson.
• Repeat Selections — 2025 (Wilkinson and Wittler, first team; Schroedermeier, Flowers and Weber, second team; Kjestad, Walter, Jett, Graff and Dinger, third team; Bruening, honorable mention); 20024 (Graff, third team; Weber and Wittler, honorable mention).
Follow Watertown Public Opinion sports reporter Roger Merriam on X (formerly known as Twitter) @PO_Sports or email: rmerriam@thepublicopinion.com
SIOUX FALLS, S.D. (Dakota News Now) – Governor Rhoden officially signed HB 1082 into law on Friday, March 27.
HB 1082 is a bill that establishes parameters for reimbursing school districts that provide free or reduced-price meals to students.
Representative Kadyn Wittman, who has worked to pass the bill for several years, expressed excitement and gratitude in a post to Facebook on Friday.
“10,000 kids across our state will now have access to free school meals. No stigma. No barriers. Just the support they need to learn and grow,” wrote Wittman.
“So incredibly grateful to everyone who made this happen. This is a big win for South Dakota families!”
You can see the full bill and its sponsors here.
Copyright 2026 Dakota News Now. All rights reserved.
RAPID CITY, S.D. (KOTA) – Students at South Dakota Mines heard Wednesday from retired four-star general Maryanne Miller about her journey to the highest ranks of the U.S. military.
Miller is a retired four-star U.S. Air Force general. She is the only member of the Air Force Reserve ever to be promoted to this level.
She spoke about finding greatness and living a life of fulfillment. Her stories came from her time in the Air Force and as a volunteer for Saint Teresa of Calcutta’s Missionaries of Charity.
“We so much get focused on what is our next step in life, what’s the next career move, how do we make ourselves better in our career, and we forget about how do we make ourselves better as a human being,” Miller said. “Because they have to go tandem. If it’s not tandem, you’re going to get off track.”
Miller was commissioned in 1981 and rose through the ranks before becoming a four-star general in 2018. She was the only woman serving as a four-star officer in the military at the time. She retired in 2020 after serving for almost 40 years.
See a spelling or grammatical error in our story? Please click here to report it.
Do you have a photo or video of a breaking news story? Send it to us here with a brief description.
Copyright 2026 KOTA. All rights reserved.
Tracker: Alabama Basketball’s Returners, Additions, Departures for 2026-27 Season
This Day in Alaska History-March 28th, 1898
Former Arizona State OL Max Iheanachor Talks transition to NFL
ARKANSAS A-Z: Norris Church Mailer — From Atkins to literary fame | Arkansas Democrat Gazette
The race to drop César Chávez’s name has begun. These experts have advice
Florida High School Football Rankings: Top 25 teams – Oct. 21
How old is Bo Nix? What to know about Oregon quarterback ahead of 2024 NFL Draft
Cleary's 21 help Le Moyne down Central Connecticut State 69-64 in OT
99th annual Pony Swim held in Virginia
Indiana Members Credit Union announced as new anchor tenant at Bottleworks District
Dem senators dodge crucial question on illegal alien accused of killing Chicago college student
EU Parliament unblocks key political hurdle in digital euro talks
Man arrested in plot to firebomb Palestinian activist’s home after undercover op
WATCH: Senate hearing goes silent after Angel Father confronts top Dem over daughter’s death
US diplomat Marco Rubio denounces settler violence, tolls in Hormuz strait
-
Detroit, MI1 week agoDrummer Brian Pastoria, longtime Detroit music advocate, dies at 68
-
Movie Reviews1 week ago‘Youth’ Twitter review: Ken Karunaas impresses audiences; Suraj Venjaramoodu adds charm; music wins praise | – The Times of India
-
Sports7 days agoIOC addresses execution of 19-year-old Iranian wrestler Saleh Mohammadi
-
New Mexico6 days agoClovis shooting leaves one dead, four injured
-
Business1 week agoDisney’s new CEO says his focus is on storytelling and creativity
-
Tennessee5 days agoTennessee Police Investigating Alleged Assault Involving ‘Reacher’ Star Alan Ritchson
-
Technology6 days agoYouTube job scam text: How to spot it fast
-
Texas1 week agoHow to buy Houston vs. Texas A&M 2026 March Madness tickets