Indian Vote Suppressors Frankenstein and Gant Can't Agree

Rapid City lawyer Sara Frankenstein and the SDGOP are vindictive bullies for using the courts to shake down Oglala Sioux Tribe members who dare fight for their voting rights. Secretary of State Jason Gant uses specious obfuscation to further suppress the Indian vote.

But Frankenstein undermines Gant's contention that he can't use HAVA funds to help tribal members vote with satellite voting stations:

Frankenstein said that in negotiations on her side, she persuaded the secretary of state to change what she termed “internal policies” and release South Dakota’s HAVA money for the satellite office in Shannon County, which overlaps much of Pine Ridge. He could do this, she said, because in May 2008, South Dakota had completed HAVA’s initial requirement to modernize elections with up-to-date voting machines and the like.

From then on, Frankenstein said, the state was free to spend its federal HAVA appropriation on additional ways to improve elections, including satellite offices. Brooks v. Gant testimony and court documents confirm this. In Judge Schreier’s opinion, she noted that Shannon County residents had “minimal” early-voting access until Brooks v. Gant was filed [Stephanie Woodard, "'They Caved': Tribe Claims Win in SD Voting-Rights Suit," Indian Country Today, 2013.08.13].

Internal policies—that's code for "Jason didn't want to."

Republicans Frankenstein and Gant are both enemies of Indian voting rights. But even Frankenstein can't run with Gant's resistance to using federal money to carry out federal law to help Indians vote.

Reconciliation at Work: Crow Creek Sioux Invite Highway Patrol to Help at Pow-Wow

Governor Dennis Daugaard tells a good story about tribal and state government taking a positive step toward building trust (I was going to say rebuilding, but has that trust ever existed?) between our two peoples at last weekend's Crow Creek Sioux Tribe pow-wow:

This year’s pow-wow marked the 150^th anniversary of the founding of Fort Thompson, the headquarters of the tribe. Anticipating a large crowd for the event, Chairman Brandon Sazue and the Tribal Council reached out to the South Dakota Highway Patrol to lend a hand with law enforcement and crowd control.

State authority of any kind on tribal land has long been a sensitive issue, so the council and the chairman knew they were taking a risk. They did it for the safety of their citizens. The Highway Patrol responded enthusiastically, offering five troopers and two police service dogs with handlers for the weekend [Governor, Dennis Daugaard, "A Small, Important Step at the Crow Creek Pow-Wow," press release, 2013.08.23].

Daugaard says the tribal–HP collaboration went well: troopers interacted with tribal members with respect and cultural sensitivity. Some troopers have volunteered to help at next year's pow-wow if invited.

Our governor, however, labors under no illusion that one weekend scores all the reconciliation points he needs for 2014... or for the good of all South Dakotans:

None of us is naïve enough to think one event on one weekend will change decades of distrust. Improving race relations is an ongoing, difficult task. It requires persistence, by all involved. It also requires some risk, reaching out and getting to know each other and beginning to trust each other. At the Crow Creek pow-wow last weekend, a group of good-hearted people did reach out. It’s a small step yet an important one. We can be hopeful [Daugaard, 2013.08.23].

(Daugaard also gets HTML-special character points: that umlaut on naïve is in his original text!)

I don't like to mingle reconciliation and score-keeping. But the Crow Creek Sioux Tribe took the harder step here, setting aside their mistrust to admit they needed help and ask for help from The Man. Now it's The Man's turn to reciprocate: what can the Governor and the Highway Patrol do to reach across their mistrust and offer the Crow Creek Sioux an empowering opportunity?

South Dakota Shows Extremes in Poverty, Income

I suppose I shouldn't get too excited about South Dakota's supposedly growing wealth. GDP growth be darned, South Dakota is still home to the most impoverished county in the United States. Take a look at the data from the U.S. Census Small Area Poverty and Income Estimates for 2009, and you'll learn that Ziebach County on the Cheyenne River Reservation has a 62.0% poverty rate. Buffalo County, home of the Crow Creek tribe on the Missouri River, has the lowest median hosuehold income in the country, just $18,860. (Remember, median means it's the halfway mark: half the households in Fort Thompson are living on less than that.)

South Dakota has seven counties among the 30 with the highest overall poverty rates. However, greater suburban Sioux Falls in Lincoln County has the ninth-lowest poverty rate in the nation, a mere 4.2%. Median household income in Lincoln County is $72,894, almost four times the median in Buffalo County.

Child poverty in Lincoln County is a mere 5.4%, compared with 76.7% in Ziebach County. As this PDF map of South Dakota school districts shows, we have a concentration of white districts (o.k., pale green) around Sioux Falls with exceptionally low child poverty rates, below 9%.

Add those extremes, and South Dakota comes out right in the middle, with a 14.2% poverty rate among all ages, just below the national average of 14.3%. We rank 27th among the states and D.C. New Hampshire, Alaska, Maryland, Connecticut, and New Jersey are best off, with poverty below 10%. West Virginia, New Mexico, Kentucky, Arkansas, and Mississippi have the most poverty, with Mississippi the only state cracking 20% (21.8%, to be exact).

We are similarly middling in child poverty: our state rate of 18.9% of all kids (i.e., under 18) in poverty ranks us 26th nationally, under the national average of 20.0%. But being a little above average still means nearly 111,000 of our neighbors, including 37,000 of our kids, are in poverty.

Table 1: Poverty and Income in the United States Source: U.S. Census Small Area Income and Poverty Estimates, 2009
State and County	People in Poverty	% in Poverty	Kids (Under 18) in Poverty	% Under 18 in Poverty	Median Income
United States	42,868,163	14.3	14,656,962	20	50,221
Alabama	805,223	17.5	274,243	24.6	40,547
Alaska	61,949	9.1	22,221	12.3	66,712
Arizona	1,065,728	16.5	396,006	23.3	48,711
Arkansas	519,026	18.5	185,268	26.6	37,888
California	5,132,640	14.2	1,846,994	19.9	58,925
Colorado	618,676	12.6	201,208	16.6	55,735
Connecticut	318,008	9.3	95,570	12	66,906
Delaware	96,409	11.2	33,851	16.7	56,985
Dist. Columbia	100,489	17.6	32,621	29	58,906
Florida	2,712,692	15	857,326	21.5	44,755
Georgia	1,585,116	16.6	575,429	22.7	47,469
Hawaii	131,896	10.4	39,214	13.7	63,741
Idaho	217,528	14.4	76,630	18.5	44,644
Illinois	1,671,343	13.3	586,040	18.7	53,974
Indiana	895,619	14.4	310,140	19.9	45,427
Iowa	342,309	11.8	109,384	15.6	48,065
Kansas	359,692	13.2	118,187	17.1	47,709
Kentucky	771,876	18.4	251,684	25.3	40,061
Louisiana	769,001	17.6	274,805	24.8	42,460
Maine	161,504	12.6	46,349	17.5	45,708
Maryland	509,141	9.2	157,164	11.8	69,193
Massachusetts	658,497	10.3	187,931	13.3	64,057
Michigan	1,565,559	16.1	513,550	22.2	45,254
Minnesota	558,118	10.9	172,134	13.9	55,621
Mississippi	620,446	21.8	230,409	30.7	36,764
Missouri	850,316	14.6	291,359	20.7	45,149
Montana	142,257	15	44,840	20.9	42,222
Nebraska	212,312	12.2	67,346	15.3	47,470
Nevada	323,738	12.4	117,742	17.6	53,310
New Hampshire	110,769	8.6	31,278	11	60,734
New Jersey	798,258	9.4	269,659	13.3	68,444
New Mexico	359,030	18.2	129,552	25.8	42,830
New York	2,708,119	14.2	878,114	20.2	54,554
North Carolina	1,475,063	16.2	503,713	22.5	43,754
North Dakota	72,911	11.7	20,022	14.1	47,898
Ohio	1,699,288	15.1	577,026	21.6	45,467
Oklahoma	575,711	16.1	199,277	22.1	41,716
Oregon	536,813	14.3	166,073	19.4	48,325
Pennsylvania	1,517,347	12.5	466,423	17.1	49,501
Rhode Island	122,379	12	39,988	17.9	53,243
South Carolina	753,286	17.1	258,848	24.4	42,580
South Dakota	110,863	14.2	36,884	18.9	45,048
Tennessee	1,055,635	17.2	352,943	24	41,715
Texas	4,143,077	17.1	1,655,085	24.3	48,286
Utah	321,441	11.7	110,852	12.9	55,183
Vermont	69,137	11.5	17,371	14	51,219
Virginia	805,555	10.6	255,156	14	59,372
Washington	803,266	12.3	249,767	16.2	56,479
West Virginia	316,155	17.8	91,059	24.1	37,423
Wisconsin	682,973	12.4	215,052	16.7	49,994
Wyoming	53,974	10.2	17,176	13.2	54,400

Breaking it down by county, my home county of Lake comes out 18th for median household income at $45,322, not quite $300 above the statewide median, and a few thousand above my own. Lake County's poverty rates for all residents and for kids are about the same, a tick or two above 12%.

1074 counties in the United States have higher median household incomes than our fair Lake County. 2101 counties have lower median household incomes than we do. Not bad!

Table 2: Poverty and income in South Dakota, by County. Source: U.S. Census Small Area Income and Poverty Estimates, 2009
Place	People in Poverty	% in Poverty	Kids (under 18) in Poverty	% Kids in Poverty	Median Income
South Dakota	110,863	14.2	36,884	18.9	45,048
Aurora	348	13	127	19.7	40,900
Beadle	2,138	13.5	719	19	42,348
Bennett	1,242	37.8	530	49	32,137
Bon Homme	864	15.5	196	15.9	39,485
Brookings	3,942	14.7	574	10.3	46,733
Brown	3,455	10.2	944	12.1	47,378
Brule	739	14.6	256	20	40,113
Buffalo	893	43.6	405	51.5	18,860
Butte	1,343	14.2	488	20.6	38,015
Campbell	162	12	31	12.9	39,048
Charles Mix	2,137	24.3	954	36.2	33,135
Clark	428	12.7	141	18.6	40,806
Clay	2,573	23.1	441	19.5	38,421
Codington	2,952	11.4	856	13.3	44,548
Corson	1,578	39	691	52.6	26,426
Custer	830	10.9	271	18.6	46,441
Davison	2,384	13.1	670	15.4	41,441
Day	848	15.9	275	22.2	36,702
Deuel	403	9.6	132	13.3	43,678
Dewey	1,834	31.2	849	40.9	29,804
Douglas	355	12.6	108	16.8	41,049
Edmunds	463	12.2	127	13.7	46,490
Fall River	1,264	18.6	367	27.8	34,464
Faulk	282	13	72	15.1	43,600
Grant	744	10.7	192	12.2	42,559
Gregory	796	20.3	252	30	31,580
Haakon	233	13.5	72	18.3	40,447
Hamlin	623	10.9	241	14.3	46,444
Hand	377	11.9	109	15.7	42,791
Hanson	287	8.1	124	12.4	53,377
Harding	169	15.6	46	20.5	39,496
Hughes	1,835	11.4	562	14.4	56,239
Hutchinson	851	12.5	270	16.4	39,880
Hyde	186	13.7	59	18.8	40,674
Jackson	947	36.1	447	52.7	30,375
Jerauld	305	16	79	20.4	39,786
Jones	170	16.4	71	28.6	38,843
Kingsbury	573	11.2	140	12.6	41,629
Lake	1,390	12.2	294	12.1	45,322
Lawrence	3,355	15	800	17.6	41,227
Lincoln	1,704	4.2	641	5.4	72,894
Lyman	921	23.8	383	32.8	34,318
McCook	533	9.8	167	11.6	45,730
McPherson	430	18.1	107	22.1	31,945
Marshall	547	13.5	178	18.3	39,303
Meade	3,001	12.9	921	16.6	44,568
Mellette	757	38.2	332	52.7	27,455
Miner	295	12.5	87	15.5	38,370
Minnehaha	18,519	10.5	5,642	13.1	48,443
Moody	609	9.7	204	13	47,045
Pennington	13,863	14.1	5,013	20.4	46,972
Perkins	490	17.4	139	22.9	33,755
Potter	259	13	75	19.4	43,348
Roberts	2,008	20.6	795	29	36,718
Sanborn	333	13.9	103	18.6	41,364
Shannon	6,977	51.6	3,090	57.2	25,048
Spink	743	12.3	214	14.3	43,905
Stanley	270	9.7	107	15.5	51,185
Sully	146	10.9	39	11.3	48,816
Todd	4,491	45.3	2,191	57.1	24,742
Tripp	1,107	20.4	400	30.1	38,887
Turner	739	9.2	203	10.9	47,749
Union	889	6.2	290	8.1	58,785
Walworth	867	17.2	275	24.2	36,704
Yankton	2,484	12.3	711	14.5	46,028
Ziebach	1,582	62	593	76.7	25,084

AG Jackley: No Crime in Rez Chili Feeds, Daugaard Soup Suppers

The latest news from Pierre: there is no news... at least not in the "Food for Votes" scandal the Republicans tried to manufacture last month. Attorney General Marty Jackley has ruled that the chili feeds sponsored by Democrats on three South Dakota Indian reservations in conjunction with get-out-the-vote efforts were not crimes, just as the Democrats said. AG Jackley has said the same about allegations the Dems responded with about similar Republican events that handed out food and encouraged people to vote GOP.

Jackley takes pains to encourage concerned parties to seek redress from the Legislature or even from civil courts. But the plain fact is this: there's no crime to prosecute, contrary to a whole month of distracting non-policy sturm und drang from the GOP.

I'm just relieved that I can still get some free soup from Dennis in 2014.