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Explaining the lawsuit against South Dakota’s abortion-rights ballot measure

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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.

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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 So the Legislature repealed part of the 2018 law and replaced it with a new law.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.

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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.

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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.

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South Dakota Searchlight’s Joshua Haiar contributed to this report.



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Homeschool SD Conference kicks off with free concert Friday at The Monument

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Homeschool SD Conference kicks off with free concert Friday at The Monument


RAPID CITY, S.D. (KOTA) – A free worship concert is coming to Rapid City this Friday night as part of the annual Homeschool South Dakota Conference.

The concert will take place May 15th at The Monument and will officially kick off the two-day conference event. Doors open at 7 p.m., with the concert beginning at 7:30.

The evening will feature praise and worship music from Mike Weaver, the lead singer of the Christian band Big Daddy Weave. Organizers say the concert is completely free and open to the public, no tickets or conference registration required.

The Homeschool South Dakota Conference brings together homeschooling families from across the state for educational sessions, guest speakers and community activities throughout the weekend.

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Organizers say the concert is designed to be a community-wide event welcoming anyone interested in attending. Additional information about the conference and concert is available through Homeschool South Dakota.

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Copyright 2026 KOTA. All rights reserved.



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6 Most Relaxing South Dakota Towns

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6 Most Relaxing South Dakota Towns


South Dakota knows how to slow down. Hot Springs runs an 87-degree natural mineral pool that has drawn visitors since 1890. Spearfish anchors itself with a working fish hatchery dating back to 1896. Mitchell rebuilds its Corn Palace exterior every year out of actual corn. These are six of the state’s most relaxing small towns.

Aberdeen

Storybook Land Wizard of Oz display in Aberdeen, South Dakota. Editorial credit: Lost_in_the_Midwest / Shutterstock.com.

Aberdeen sits in the James River valley of northeastern South Dakota, known locally for being the closest thing the state has to an Oz theme park. Storybook Land, a free-admission public park on the north side of the city, is built around L. Frank Baum’s connection to the area. Baum lived and published in Aberdeen in the 1880s, and the park features a full Wizard of Oz land with a yellow brick road, the Emerald City, and Dorothy’s House. The same park complex includes a castle, fairy-tale attractions, and a small petting zoo.

Downtown, the Hagerty & Lloyd Historic District holds some of Aberdeen’s oldest homes and buildings, including the Margaret and Maurice Lamont House, a Tudor Revival. Richmond Lake Recreation Area, about 10 miles northwest of town, adds hiking, biking, and camping on a reservoir that is the local summer anchor.

Hot Springs

Mammoth Site at Hot Springs, South Dakota
Model of a mammoth on display at the Mammoth Site in Hot Springs, South Dakota. Image credit: Laima Swanson / Shutterstock.com.

Relaxation is built into Hot Springs. You can soak in the warm natural waters of the Evans Plunge Mineral Springs, which have drawn visitors for over a century. Established in 1890, the spring-fed waters naturally hold a year-round 87-degree temperature. In addition to the thermal springs at Evans Plunge, you have hot tubs, steam rooms, slides, and more.

Beyond the soak, the Mammoth Site is an active paleontological dig featuring remains of Ice Age giants. Consider booking a stay at the historic Red Rock River Resort Hotel & Spa, a sandstone building constructed in 1891. Family-owned and located downtown, the hotel offers quality care and a well-preserved interior. It’s within walking distance of Evans Plunge and other hot spring locations.

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Lead

Aerial view of Lead, South Dakota.
Aerial view of Lead, South Dakota.

A close neighbor to the busier Deadwood, Lead is a town every bit as historic and far more relaxing. It’s an old mining town at its core, with several modern amenities along its historic Main Street. The Black Hills Mining Museum showcases the area’s gold rush, while the Homestake Opera House, which hosts year-round tours, concerts, dances, and educational events, is a century-old building that once held a bowling alley, billiards hall, and more.

For families, the Sanford Lab Homestake Visitor Center takes a deep dive into the region’s history, its people, and the ongoing scientific research conducted in its underground laboratories. Lead is the right town for South Dakota’s Wild West history without the commercial trappings.

Spearfish

Spearfish, South Dakota.
Spearfish, South Dakota.

On the northern edge of the Black Hills, Spearfish sits at the mouth of Spearfish Canyon, a 19-mile limestone gorge cut by Spearfish Creek that drops several notable waterfalls along its length. The Spearfish Canyon Scenic Byway follows the canyon floor, past Bridal Veil Falls and Roughlock Falls, and provides one of the most reliably beautiful and uncrowded drives in the state. The D.C. Booth Historic National Fish Hatchery, established in 1896 and now run as a historic site, anchors the town’s history with restored buildings, raceway ponds full of visible trout, and the Von Bayer Museum of Fish Culture.

Downtown Spearfish has a walkable core along Main Street with local restaurants including Killian’s Food and Drink and Lucky’s 13 Pub. For shorter outings, Spearfish City Park features the hatchery at one end, a sculpture walk along the creek, and shaded picnic grounds. Combined with its easy access to Deadwood, Lead, and the rest of the northern Black Hills, Spearfish offers a strong base for anyone wanting to relax without giving up access to outdoor activities.

Custer

American bison statue in Custer, South Dakota
American bison statue in Custer, South Dakota. Image credit: Sandra Foyt / Shutterstock.com.

Custer is the gateway to Custer State Park, a 71,000-acre preserve in the southern Black Hills that holds one of the largest publicly owned bison herds in the country, roughly 1,300 head, along with elk, pronghorn, and mule deer. The Wildlife Loop Road runs 18 miles through open grassland and mixed pine, with frequent wildlife sightings. Jewel Cave National Monument, 15 miles west of town, has more than 215 mapped miles of passages, ranking it among the longest cave systems in the world.

Downtown Custer itself is compact, with Sage Creek Grille serving elk-stuffed mushrooms and other regional dishes; it has been a fixture on Mount Rushmore Road for two decades. The Crazy Horse Memorial, still under construction since 1948, sits 15 miles north on Highway 385. For outdoor activity, Custer is the closest town to both the 109-mile Mickelson rail-trail and the trailhead for Black Elk Peak, the highest point in South Dakota at 7,242 feet.

Mitchell

The famous Corn Palace of Mitchell, South Dakota
The Corn Palace of Mitchell, South Dakota. Image credit: Dennis MacDonald / Shutterstock.com.

Mitchell is home to the Corn Palace, a civic auditorium on Main Street whose exterior is redesigned every year out of actual corn, grain, and native grasses by a rotating group of local artists. The original structure dates to 1892, with the current building completed in 1921. New murals go up each summer. The building hosts high school basketball, concerts, and the annual Corn Palace Festival in late August. Admission is free year-round.

Woolworth’s Caramel Apples, next door, has been making the same recipe since the 1950s. The Dakota Discovery Museum a few blocks away covers regional history with a restored 1886 one-room schoolhouse, 1900 farmhouse, and 1909 Italianate home, plus a collection of Native American art and early 20th-century prairie paintings by Oscar Howe and Harvey Dunn.

Visit Relaxing South Dakota Today

These six towns split fairly cleanly between two South Dakotas: the prairie side, Aberdeen and Mitchell, and the Black Hills side, Hot Springs, Lead, Spearfish, and Custer. The prairie towns are anchored by one or two strong local institutions and a quieter pace. The Black Hills towns are anchored by the landscape itself. Either side rewards a weekend, and together they give you a fuller picture of the state than Mount Rushmore alone ever could.

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South Dakota teaching apprenticeship cohorts to expand

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South Dakota teaching apprenticeship cohorts to expand


The state Teacher Apprenticeship Pathway has both increased its cohort size and endowed about 50 new teachers. Advocates say in a state with a noted teacher shortage, it represents steps toward closing the gap for educators.

The pathway gives qualified and interested paraprofessionals the opportunity to advance their careers and become fully fledged teachers.

For Kathryn Blaha, state Department of Education Division of Accreditation director, it does make a difference in the lives of those involved, and the communities they serve.

“As I listen to people who have been accepted into the program and hear their stories, it’s an opportunity for them to make a difference at a different level in the classroom, but it’s also making a significant impact on the communities that they’re living in and the financial changes for their own personal children,” Blaha said.

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These cohorts are expanding to provide more opportunities on the back of support from the governor.

“We’ve had state support for additional funding for the program,” Blaha said. “It really is a program that allows individuals who otherwise may not have had an opportunity to seek a position as a teacher in a classroom to gain the experience and training to do so.”

As a result, Blaha said the new cohort will have over 70 positions. That’s the largest group since the inception of the program in 2023.

“It’s been a tremendous program,” Blaha said. “We have 118 that have graduated as of the spring and summer 2026 graduation ceremonies. We’re really to the impact and the differences those individuals will make.”

The program is run through Northern State University and takes an average of two years to complete.

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