South Dakota GOP, Governor Get Their Voter Suppression On

Because South Dakota governor Larry Rhoden is forever obligated to serve Kristi Noem and Kristi Noem is forever obligated to serve Donald Trump, he and his GOP buddies are making America MAGA again, starting with his home turf.

Non-citizens have never really disrupted voting. But they’re the convenient scapegoat for a party that’s justifiably worried it’s going to lose its majority during the mid-terms. Multiple efforts are being made all over the nation to disenfranchise anyone that’s not part of Trump’s most rabid voting base. Pretending people not allowed to legally vote are somehow flipping elections for the Democratic Party is more than merely obnoxious. It’s actually harming the democratic process.

Here in South Dakota, two laws have been passed in recent weeks with the express purpose of keeping non-white people from showing up to vote. The first, passed at the beginning of this month, allows any rando to claim a person they saw voting shouldn’t be allowed to vote.

Voters in South Dakota will soon be able to challenge other voters’ citizenship.

Republican Gov. Larry Rhoden signed legislation into law last week that authorizes challenges by individuals and election officials.

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State law already allows challenges to a voter’s registration up to the 90th day before an election, if a person is suspected of lacking South Dakota residency, voting in another state or being registered to vote in another state. The new law adds citizenship as a justification for a challenge.

Challenges may be filed by the South Dakota Secretary of State’s Office, the auditor in the county where the voter is registered, or a voter in the same county. The challenge must be in the form of a signed, sworn statement and must include what the law describes as “documented evidence.”

Now, we can all see what the law is. But we all know how it will be applied. State employees with access to voter rolls will raise challenges against anyone with a foreign-sounding last name. While it’s unlikely few citizens will actually file challenges, they’ll certainly feel comfortable accosting anyone standing in line to vote whose skin is darker than their own. Given the inevitability of these responses, it’s easy to see the law accomplishing exactly what it’s supposed to: limit the number of non-white voters at the polls during the mid-terms and beyond.

But that’s not the only suppression effort signed into law this month. There’s also this one, which raises the bar for participating in the democratic process with the obvious intention of limiting participation to the sort of voters the GOP thinks with vote for it:

New voters in South Dakota will have to prove that they are United States citizens in order to cast a ballot in state and local races under a bill signed on Thursday by Gov. Larry Rhoden.

The new law, which does not apply to South Dakotans already on the voter rolls, comes amid a national push by Republicans to tighten voting rules and root out voting by noncitizens, which is already illegal and believed to be rare.

“This bill ensures only citizens vote in state elections, keeping our elections safe and secure,” said Mr. Rhoden, who is seeking election to a full term this year and is facing a crowded Republican primary field. 

It’s already illegal in South Dakota to vote if you’re not a citizen. This bill addresses a completely imaginary “problem.” And it forces voters to provide a passport, birth certificate, and other documents proving citizenship before they’re allowed to vote. While it may be easy for many people to present these documents, the simple fact is that they’ve never been asked to do this before, and anyone who’s not aware this law has been passed will be denied the opportunity to vote because the GOP decided to move the goalposts during an election year.

Non-citizens voting in South Dakota has never been an issue. The fact that 273 non-citizens were recently removed from the state’s voting rolls may seem a bit sketchy but there’s a good reason there might be a few hundred non-citizens with voter registrations:

Noncitizens can obtain a driver’s license or state ID if they are lawful permanent residents or have temporary legal status. There’s a part of the driver’s license form that allows an applicant to register to vote. That part says voters must be citizens. 

The problem is that this is all on the same form. The voter registration part of the form has a signature line, which many applicants will fill out and sign even if their intention is only to get a drivers license or ID card, especially since it appears before the final signature block for the entire application.

If applicants are not asked to affirmatively state their intention to register to vote (as the Department of Public Safety employees ask now, along with asking applicants to write “vote” on the form to signal their affirmation), their applications might be processed, along with the voter registration applicants didn’t realize they enabling.

The Secretary of State’s office (the office that’s supposed to be reviewing voter registrations for eligibility) threw the Department of Public Safety under the bus:

Rachel Soulek, director of the Division of Elections in the Secretary of State’s Office, placed blame on the department in her response to South Dakota Searchlight questions about the situation.

“These non U.S. citizens had marked ‘no’ to the citizenship question on their driver’s license application but were incorrectly processed as U.S. citizens due to human error by the Department of Public Safety,” Soulek wrote.

That’s not what happened. Their ID applications were processed and the Soulek’s department failed to catch the inadvertent errors. And it doesn’t really even matter who’s at fault because despite the errors, this is still a non-issue.

Soulek said only one of the 273 noncitizens had ever cast a ballot. That was during the 2016 general election.

A handful of clerical errors that resulted in a single illegal vote in the past decade cannot be a rational basis for a new law. And there’s a good chance the sole vote was made in error, rather than maliciously. After all, if the state told this person they could vote, who were they to question that determination?

This is nothing more than state governments stepping up to do what Trump can’t. His SAVE Act is stalled and lots of last-minute gerrymandering at the behest of the president is tied up in court. His loyalists are doing what they can to make his perverted dreams a reality in states that are most likely to lean Republican in the first place, which makes all of this as pointless as it is stupid. But the underlying threat to democracy remains, ever propelled forward by the people who claim to love America the most.