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 So the Legislature repealed part of the 2018 law and replaced it with a new law.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.
South Dakota
Poll: Johnson, Jackley and Rounds lead in SD GOP primary
Editor’s note: If you cite the results of this poll, credit South Dakota News Watch and the Chiesman Center for Democracy, per copyright law and our republishing policy.
PIERRE, S.D. – With seven weeks until the June 2 primary, U.S. House Rep. Dusty Johnson is close to avoiding a runoff in the race to secure the GOP nomination for governor, according to a new poll sponsored by South Dakota News Watch and the Chiesman Center for Democracy at the University of South Dakota.
In the contests for U.S. House of Representatives and U.S. Senate, state Attorney General Marty Jackley and U.S. Sen. Mike Rounds have solid leads over their challengers.
The scientific survey of 500 registered Republicans, conducted April 7-11 by Mason-Dixon Polling and Strategy, found Johnson leading the four-way contest for governor with 34% of likely GOP primary voters supporting his candidacy.
The other three candidates are effectively tied for second due to the margin of error being plus-or-minus 4.5%. State House Speaker Jon Hansen, of Dell Rapids, has 18% support from GOP voters, and Aberdeen businessman Toby Doeden and Gov. Larry Rhoden both have 17%. Roughly 14% of those surveyed were undecided.
South Dakota Election Voter Guide
Everything South Dakota voters need to know about statewide contests in the primary and general elections.
If no candidate receives at least 35% of the vote on the June 2 ballot, a runoff between the top two finishers will take place July 28. The winner of the contest will meet Democrat Dan Ahlers in the Nov. 3 general election.
Rhoden’s support drops; Hansen surges
While Johnson, who grew up in Pierre and lives in Mitchell, saw a 6-point increase from the News Watch/Chiesman poll conducted last October, Rhoden’s support fell 10 points.
Julia Hellwege, director of the Chiesman Center and USD associate professor in political science, said Rhoden’s association with his predecessor, former Gov. Kristi Noem, could be behind the drop in poll numbers.
“He has aligned himself closely with Noem. They worked closely together, and he continues to champion her and stand by her,” she said. “There’s a potential that has been a side effect.”
Rhoden served as lieutenant governor under Noem and became governor in January 2025 when President Donald Trump made her secretary of the Department of Homeland Security. He fired her last month after severe criticism.
Hellwege pointed out the poll found that Johnson even leads in West River, a stronghold for Rhoden, who is from Union Center east of Sturgis.
She said one candidate more than any other has been the main beneficiary of the declining support for the sitting governor.
“Anyone shifting from Rhoden is more likely to shift towards Hansen,” Hellwege said, noting that Hansen is a state lawmaker, like Rhoden was, who plays up his conservative Christian credentials.
Hellwege said in comparing the new poll results with those from last year, a certain pattern can be seen. That includes the surge in support for Hansen and Johnson, a decline in support for Rhoden, a stable level of support for Doeden and a lower number of undecided voters.
“My interpretation is many Rhoden voters in the last poll shifted to Hansen voters and the undecideds went to Johnson,” Hellwege said.
SD governor: Johnson in driver’s seat
Hellwege highlighted the extent to which the math favors Johnson.
“Even if all the undecided voters go to one of those second-place candidates, plus if you factor in the margin of error, they still would barely reach where Johnson is sitting right now,” Hellwege said.
Brad Coker, founder of Mason-Dixon Polling and Strategy, ranked as one of the least-biased and most-factual pollsters, also believes Johnson is in a comfortable position.
“Johnson is moving into the clear front-runner status,” he said.
“People know him. People like him, and that’s probably why he’s ahead right now. Whether he can hold on to that will depend on what the other campaigns – particularly Hansen’s – are able to do in the coming weeks,” Coker told News Watch, pointing to the poll results that found Johnson has a 47% favorability rating, the highest of any of the candidates.
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Coker said Hansen has the best chance to challenge Johnson not only because his candidacy has seen the biggest increase in support but also due to not many people knowing him – yet.
“Hansen’s name recognition is only 73%. He’s still got 27% of the voters who don’t know who he is, which I think gives him a much higher ceiling than Doeden and Rhoden,” Coker said. “That tells me Hansen is getting some traction.”
On the flip side, Doeden’s 35% unfavorable rating and high name recognition indicate his support has mostly peaked, Coker said.
“He has a higher negative rating than positive rating, which tells me he’s got a core group behind him, but his growth potential is far more limited, especially since he has 89% name recognition,” Coker said.
The poll was conducted after the four candidates met in the March 31 KELO-TV debate but before the April 13 SDPB and South Dakota News Watch forum.
US House: Jackley has comfortable lead
Since Johnson ran for governor, that opened up South Dakota’s only seat in the U.S. House of Representatives.
In that contest, Jackley – who is from Sturgis and previously served as U.S. attorney for the District of South Dakota – has a comfortable lead toward securing the GOP nomination.
According to the poll, he has 68% support from South Dakota Republican voters surveyed, well ahead of challenger James Bialota Jr., who has 12%, with 20% of respondents undecided.
“This primary is definitely in Jackley’s favor, even if all the undecideds move to Bialota,” Hellwege said.
The winner will face Democrat Nicole “Nikki” Gronli in the November general election.
US Senate: Incumbent Rounds ahead by large margin
Rounds – who’s from Pierre and was South Dakota’s governor from 2003 to 2011 – also enjoys a sizable lead over his challenger.
He received 66% support from GOP voters surveyed, compared to 18% for challenger Justin McNeal, with 16% of respondents undecided.
“The fact that McNeal, who is vastly outspent by Rounds, is able to get up to 18% is commendable. But at the same time, I don’t think there’s any expectation that Rounds will not be able to hold on to that seat,” Hellwege said.
The winner will take on Democrat Julian Beaudion in November.
Favorability poll results for all governor, House and Senate candidates
The News Watch/Chiesman poll also asked Republicans their opinions of the candidates. To see results for each person, click the arrow below and the tab for each section: overall, by gender, age and region where they’re from.
Coming Tuesday
Tuesday’s story will focus on South Dakota News Watch/Chiesman Center for Democracy poll results on the job performance rating South Dakotans give Gov. Larry Rhoden, Sen. John Thune and other elected officials. The story also includes voter thoughts on Noem’s time as DHS secretary and President Trump’s decision to fire her.
South Dakota News Watch is an independent nonprofit. Read, donate and subscribe for free at sdnewswatch.org. Contact politics and statehouse reporter Alexander Rifaat: 605-736-4396/alexander.rifaat@sdnewswatch.org.
South Dakota
FCS Football Recruiting Roundup: South Dakota, Montana State Target 2027 Defensive Standouts
Welcome to another edition of the FCS Football Central Recruiting Roundup.
As spring practice winds down, recruits are still continuing to get on campus to visit schools and meet with their coaching staff. I caught up with some of the latest prospects who received an offer from an FCS program after their visit.
Amarie King | 2027 | DB | 5’7″ 140 lbs | Case High School | Racine, WI
King received his latest offer from South Dakota on April 17 after speaking with defensive coordinator Billy Kirch.
“Coach Kirch told me bout the offer, and that conversation went well. He told me a lot about the school, and asked me what my family and parents do. He said that my film was amazing and that he wanted to offer me,” King said.
“My recruitment is going well, although it is a little stressful here and there, but I am really just being patient and trusting the process, and keep working.”
He has visits to South Dakota and Drake coming up. Last season, he finished with 44 tackles, eight pass breakups, and six interceptions for the Eagles.
After a great conversation with coach kirch I’m blessed to I’ve received my first division 1 offer from @SDCoyotesFB @AntonGraham_ @MJ_NFLDraft @CoachBKirch @joshmanchigiah pic.twitter.com/jaxIYac67A
— Amarie King (@Amarieking27) April 17, 2026
Jayden Harris | 2027 | ATH | 6’2″ 170 lbs | Manteca High School | Manteca, CA
Harris picked up his latest offer from Montana State on Friday when he was in Bozeman for the Bobcats’ Junior Day, and meeting with cornerbacks coach Jordan Lee, defensive coordinator Bobby Daly, and head coach Brent Vigen.
“First, it was Coach Lee, then I had meetings with Coach Daly and Coach Vigen, who broke the news while we were talking. They want me to come in and play early. They like my versatility as a defensive back, and that’s why they offered me,” Harris said.
“The visit was cool! The snow was coming down, and the coaches still showed love. Recruiting is going well right now. Most schools that are in touch with me see something in me for sure, especially since I’m a zero-star athlete, so that’s love. I feel like I’m the best DB in California, and my measurements and production speak for themselves.”
He also has offers from Idaho, Washington State, and Sacramento State. He has upcoming visits to Arizona State and New Mexico.
Last season, he finished with 63 tackles, 11 pass breakups, nine interceptions, six tackles for loss, two sacks, two forced fumbles, and two pick-sixes for the Buffaloes.
Blessed to receive an offer from Montana State University 🐾 @ballcoachLee @CoachBobbyDaly @CoachSauve @CoachSmith59 @bvigen @BrandonHuffman @Rivals_Recruits @GregBiggins pic.twitter.com/ofYdjJKcmK
— Jay Harris (@JaydenOHarris) April 18, 2026
Maurice “MJ” Harrell | 2026 | DB | 6’1″ 170 lbs | Hutchinson CC | Hutchinson, KS
Harrell picked up his first Division I offer from Houston Christian on April 17 after he spoke with cornerbacks coach DeMarcus Coleman.
“Coach Coleman called and told me he liked what we saw from the videos I sent him, and that he wanted me to be a part of his program,” Harrell said.
Last season, he finished with 20 tackles, 1.5 tackles for loss, one sack, and a fumble recovery for the Blue Dragons. Mercyhurst, Division II UTPB, and Missouri Southern are some other schools he has been in contact with.
Blessed To Receive my first d1 offer from Houstan Christian University pic.twitter.com/OBD9ITQZHS
— MauriceHarrell (@M_Harrell19) April 18, 2026
Jadhari Young | 2026 | WR | 6’1″ 200 lbs | De Anza College | Cupertino, CA
Young received his latest offer from Eastern Illinois on April 15 after speaking with wide receivers coach Tino Smith.
“Coach Smith called me, and we had a long and great conversation. He told me he believes in me and that he thinks I can be great under his coaching,” Young said. “My recruitment has been going great since I graduated two weeks ago. A lot of coaches have expressed a lot of interest in me.”
Young also has offers from Sacramento State, Prairie View A&M, and Chicago State. Last season, he hauled in receptions for 559 yards and seven touchdowns for the Mountain Lions. He was named a Golden Coast Conference First Team selection.
He will be taking his official visit to Eastern Illinois on April 24. Gardner-Webb, West Florida, Monmouth, Stony Brook, and UMass are some other schools he is hearing from.
Blessed to receive my 5th D1 offer from Eastern Illinois University — Dhari Young “DEBO” (@dharigogetit) April 15, 2026
Thank you Coach @coachtinosmith for believing in me💯 pic.twitter.com/yMZjnsfRvK
AJ Moore | 2027 | RB | 5’9″ 200 lbs | College of Dupage | Glen Ellyn, IL
Moore received his first Division I offer from Lindenwood on April 17 after speaking with running backs coach Lane Lawson.
“Coach Lawson called and offered me. He just told me he’d be really excited to have me over and thinks I could be a part of something special with the program they got going over there,” Moore said.
Last season, he finished with 81 carries for 518 yards and five touchdowns, while adding nine receptions for 73 yards and two touchdowns for the Chaparrals, who won their fifth consecutive NJCAA Division III national championship. Moore is working on scheduling his official visit to Lindenwood.
#AGTG After a great conversation with @CoachLawsonLU I am blessed to have my first division 1 offer from Lindenwood University @LindenwoodFB @Dupage_Football @JUCOFFrenzy @AllenTrieu @JordanWesty1 pic.twitter.com/DGLjZC4gIA
— AJ Moore (@ajmoore6_) April 17, 2026
Leshem Nyante | 2027 | OT | 6’5″ 265 lbs | Anna High School | Anna, TX
Nyante picked up his latest offer from Texas Rio Grande Valley on April 17 after he spoke with offensive line coach Jeff Bowen.
“Coach Bowen reached out this morning to officially extend the offer. It was a great talk, and he mentioned they really liked my film and how I would fit their system. So we are focused on building that relationship now,” Nyante said.
“I’m really grateful for how my recruiting process is unfolding so far. Things are definitely moving fast with spring ball right around the corner, and it’s been great seeing the increase in interest every week.”
He also has offers from Arkansas State, Division II Midwestern State, and East Central University. Old Dominion, Texas State, UTEP, and New Mexico are some other schools he is hearing from. Nyante will be taking an official visit to Arkansas State in June.
#AGTG After a great conversation with @CoachJeffBowen , I am blessed to receive a D1 offer from @UTRGVFootball !!@8_parr @Coach_Rigg @tylerdedwards33 @Sevier5 @jessedstew @AnnaCoyotesFB @CoachTBush @Perroni247 @SWiltfong_ @CKennedy247 pic.twitter.com/6o9H13baAb
— Leshem (Shem) Nyantee (@leshemnyantee10) April 17, 2026
Matthew Lashley | 2027 | DB | 6’1″ 198 lbs | Riverside City College | Riverside, CA
Lashley received his latest offer from East Texas A&M on April 15 after speaking with safeties coach Luke Jaicks.
“Coach Jaicks called and offered me. He’s a great coach, and I would love to play for him,” Lashley said. “My recruitment is going well; it’s starting to heat up after spring ball.”
He also has an offer from Southern Utah. Last season, he finished with 14 tackles and two interceptions for the Tigers.
Blessed to receive another D1 offer to @Lions_FB! @JacksonSimon25 @nilsonsports pic.twitter.com/X4iLU8VRID
— Matthew Lashley (@MatthewLashley_) April 15, 2026
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