SD Judge Rules Voters Must be Allowed to Wear ‘Natives Vote’ Shirts at Polls

A federal court on ordered protections for voters exercising their right to vote while wearing “Natives Vote” and other nonpartisan Native vote apparel.

In a suit filed Monday against Charles Mix County and Charles Mix County Auditor Jason Gant, in his official capacity, Yankton Sioux Tribe member Lonnie Provost alleged his First Amendment rights were violated when he was denied a ballot for wearing a “Natives Vote” shirt in 2024.

Provost testified about that experience and the likelihood of it reoccurring, given Auditor Gant’s position leading up to the election that these shirts violated South Dakota’s electioneering statute.

Judge Karen Schreier ruled on Election Day that voters must be allowed to wear nonpartisan Native Vote apparel while voting and instructed elections officials to communicate that ruling to poll workers throughout Charles Mix County. She found that Mr. Provost was likely to succeed on his claim that the restrictions violated his First Amendment rights. She granted emergency relief from the bench and subsequently issued a written temporary restraining order.

“No voter should have to choose between expressing pride in Native electoral participation and casting a ballot,” said Samantha Blencke, Senior Staff Attorney for the Native American Rights Fund (NARF), which co-represented Provost with the firm Robins Kaplan. “Lonnie’s shirt encourages Native people to vote. It supports no candidate, political party, or ballot measure. He should be able to wear it while exercising his right to vote.”

According to the complaint, in 2024, at least five and perhaps as many as 20 other Native voters were required to remove or cover their shirts to vote. Provost refused and was denied a ballot. NARF sought corrective action then and continued pressing county and state officials for protections before this year’s election.

Tuesday’s order prohibited officials from denying Provost a ballot or requiring him to remove, cover, or turn his protected apparel inside out.

After the court’s ruling, Provost successfully voted while wearing his “Natives Vote” shirt.

The order also requires Gant to immediately instruct election workers at every Charles Mix County polling place that eligible voters must be allowed to vote wearing nonpartisan Native Vote apparel. That includes “Native Vote,” “Natives Vote,” and “Get Out the Native Vote,” with variations in artwork or wording, provided the apparel does not also advocate for or against a candidate, party or ballot measure.

The court found that Gant’s recent assurances were insufficient to moot the case because he could reverse his instructions. Without court protection, Provost risked losing an opportunity that could not be restored after the election.

“The actions by Charles Mix County send precisely the wrong message,” said Thad Titze, an associate at Robins Kaplan. “Our democracy depends on an active citizenry, one that takes the responsibility for casting a ballot seriously. We need more people following Lonnie’s enthusiasm, not less.”

The order remains effective until voting is completed at all Charles Mix County polling places on Election Day. The lawsuit also seeks declaratory and permanent injunctive relief.

Native voters who encounter difficulties obtaining or casting a ballot at any point before all votes are counted should contact NARF at the Election Protection Hotline 866-OUR-VOTE or vote@narf.org.

UM Ross 4th Annual Native American Heritage Month Symposium, Nov. 4, 2026

Cultural Heritage Partners’ resources on Section 106

Cultural Heritage Partners has created a website called 106Strong with several resources related to the multi-pronged threat to Section 106. The resources include:

  • Overview of Section 106 changes in BAAJA, the ACHP’s effort to rewrite Section 106 regulations, and the actions of the Executive Branch to avoid or limit review for specific projects;
  • Resources that explain the changes to NHPA included within the Bipartisan American Affordability and Jobs Act (BAAJA) bill, including a one-pager, a webinar, a slide deck, the bill text, a redline of NHPA provisions amended by the BAAJA bill, and a model tribal resolution opposing the bill;
  • BAAJA’s empty promises to Tribal Nations: Claim vs. Fact;
  • and other resources

CHP’s 5-minute video below translates the technical aspects of Section 106 into a message for the general public. It connects Tribal consultation and historic preservation to the broader principle that communities should have a voice before irreplaceable places are harmed. Its storytelling is emotional, and it calls on people to contact Congress. The video provides a useful tool for building public understanding and support.

“Form, Function, and Federal Indian Law” Friday Panels and Keynote

Liz Reese
Greg Dowd, Keith Richotte, Kirsten Carlson, Kekek Stark
Bethany Hughes, Kristen Carpenter, Angela Riley, Wenona Singel
Kristen Carpenter, Angela Riley, Wenona Singel
“Pbbbt,” sayeth Lewis Black.

California Federal Court Dismisses Picayune Rancheria Suit against NIGC re: North Fork Gaming

Here are the materials in Picayune Rancheria of the Chukchansi Indians v. The Chair of the National Indian Gaming Commission (E.D. Cal.):

Prior post here.

National NALSA Moot Court Competition Releases 2027 Problem

The competition still has space for 10+ more teams, so law students are encouraged to register. Registration is open until November 14, and briefs are due Jan. 6, 2027. This year’s competition is hosted by The University of Tulsa on February 26-27, 2027.

In addition to law students and NALSA chapters, the competition organizers invite involvement from practitioners and interested community partners. If you’re interested in volunteering as a judge, please email Prof. Alex Fay at alexandra-fay@utulsa.edu. If you’d like to table at the moot court to share professional opportunities, recruit law student interns, or sell artisan crafts, you can book one as a vendor on the competition website. Table are $100 per day, but tribal government offices and non-profit organizations can request a fee waiver.

Click here for the competition website to read the problem and access the rules and registration info.

Spread the word: Call for entries for WIPO Video Prize for Indigenous Youth 2026

The World Intellectual Property Organization invites Indigenous youth between the ages of 18-35 to submit a 1-3 minute video showcasing Indigenous Peoples’ Know How and Creativity in Action. Submissions are due by November 6, 2026, and awardees will receive digital equipment with a value ranging from $1000 – $4000 USD.

More details in the document below

Tohono O’Odham Nation Sues Border Wall Contractor for Trespass

Here is the complaint in Tohono O’Odham Nation v. SLS Federal Services LLC (D. Ariz.):

Job Postings 10/30/26

Legal Internship (Summer 2027)

Morongo Band of Mission Indians; Banning, CA

The Morongo Legal Department provides legal services and representation to the Tribe, including elected Tribal officials, Tribal administrative departments, Tribal committees, the Morongo Casino Resort & Spa, and other Tribal enterprises. The Legal Department is regularly involved in a diverse set of legal issues including taxation, gaming, ICWA, employment, code development, energy, business development, health, education, litigation, and more. The Legal Department seeks one qualified Legal Intern to join the office for Summer 2027. The Legal Intern will work closely with the Morongo Legal Department in several clearly defined projects to be completed over the course of Summer 2027. The position is temporary and will last eight to ten weeks. The Department desires a commitment of 40 hours per week. It is the goal of the Morongo Legal Department to provide a tailored Intern program that responds to the interests and goals of the Legal Intern. The Intern program includes the opportunity to get to know the Morongo Tribal community, lands, and enterprises. By interning with the Morongo Legal Department, we are confident you will improve your lawyering skills, learn first-hand the demands of in-house legal counsel, and gain meaningful exposure to substantive Indian law projects.

EXPERIENCE & EDUCATION:

  • Experience drafting legal memoranda
  • Excellent written/oral skills
  • Excellent research and analytical abilities
  • Native American law coursework (must be 2L or 3L in Fall 2026)

Provide:

  • Cover letter
  • Resume
  • Legal Writing Sample
  • Unofficial law school transcript
  • Two references

Pay: $40.00 per hour Open Until Filled https://morongonation.org/employment/

Special District Court Judge

The Chickasaw Nation; Ada, Oklahoma

We are currently looking for a Full-Time Special District Court Judge to join our Chief Justice team located at the Tribal Court in Ada, Oklahoma.

Responsibilities:

* Conduct all court proceedings, as assigned on a case-by-case basis as assigned by the District Court Judge

* Issue all orders and paper incidents thereto, in order to administer justice in all matters withing the jurisdiction of the court

* Be responsible for creating and maintaining the rules of the court

* Hold court regularly at a designated time and place

* To administer oaths, conduct hearings, and otherwise undertake all duties and exercise all authority of a judicial officer under the law

* Maintain knowledge of current case law

* Good communication skills, both orally and in writing, with attorneys, litigants, judges, staff, and the public

* Ability to manage/schedule court docket and possess good supervisory skills

* Attends meetings and training as required

* Acts as master, mediator, and arbitrator

* Must demonstrate willingness and ability to follow Chickasaw Nation Judicial Branch policy and procedures

* Be Familiar with alternative sentencing and restorative justice

* Demonstrated moral integrity and fairness in his/her business

Must have a Juris Doctorate from an accredited law school

Must have a minimum of five years combined experience in law practices

Must be a member of the Chickasaw Bar Association

Must live within the Chickasaw Nation boundaries

Must be a citizen of the Chickasaw Nation

Open until 01/01/2027 https://gen-chickasawnation-prd.inforcloudsuite.com/hcm/xmlhttp/shorturl.do?key=IC

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

COURT OPERATIONS SUPERVISOR: See job description here.

COURTROOM DEPUTY CLERK: See job description here.