Overview:
A federal judge has ruled that Native American voters in Charles Mix County, South Dakota, have the right to wear nonpartisan “Natives Vote” shirts at polling places, protecting their First Amendment rights and encouraging Indigenous participation in elections.
Native Vote 2026
A federal judge has ruled that voters in Charles Mix County, South Dakota, must be allowed to wear nonpartisan “Native Vote” apparel while casting their ballots, affirming their right to express support for Native American voter participation at polling places.
The ruling followed a lawsuit filed by Lonnie Provost, a member of the Yankton Sioux Tribe, against Charles Mix County and County Auditor Jason Gant. Provost alleged that his First Amendment rights were violated during the 2024 election when he was denied a ballot because he wore a “Natives Vote” shirt. According to the lawsuit, at least five and possibly as many as 20 other Native voters were also required to remove or cover similar shirts before being allowed to vote.
On Tuesday, U.S. District Judge Karen Schreier granted emergency relief, finding that Provost was likely to succeed in demonstrating that the restrictions violated his First Amendment rights. The court issued a temporary restraining order prohibiting election officials from denying Provost a ballot or requiring him to remove, cover, or turn his protected apparel inside out.
The order also directed County Auditor Jason Gant to immediately notify election workers at every polling location in Charles Mix County that eligible voters must be allowed to wear nonpartisan Native Vote apparel. The protection includes shirts displaying messages such as “Native Vote,” “Natives Vote,” and “Get Out the Native Vote,” provided they do not support or oppose a political candidate, party, or ballot measure.
Following the court’s decision, Provost successfully cast his ballot while wearing his “Natives Vote” shirt.
“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 represented Provost alongside the law firm Robins Kaplan. She emphasized that the shirt encouraged Native American participation in elections without endorsing any candidate or political position.
The lawsuit also challenged the county’s interpretation of South Dakota’s electioneering law. Leading up to the election, Auditor Gant maintained that Native Vote apparel violated the statute. Although county officials had recently provided assurances regarding the shirts, the court determined that those assurances were insufficient to eliminate the possibility of future restrictions.
Thad Titze, an associate at Robins Kaplan, said the case underscored the importance of protecting citizens’ ability to participate in elections. He noted that encouraging voter participation should be supported rather than restricted.
The temporary restraining order remained in effect until voting concluded at all Charles Mix County polling locations on the day of the ruling. The lawsuit also seeks a permanent declaration protecting voters’ rights to wear nonpartisan Native Vote apparel.
The Native American Rights Fund continues to encourage Native voters who experience difficulties registering, obtaining, or casting a ballot to seek assistance. Voters can contact the Election Protection Hotline at 866-OUR-VOTE or email **vote@narf.org**.
The ruling represents an important legal development for Native American voters, affirming that nonpartisan expressions encouraging Indigenous political participation are protected while exercising the fundamental right to vote.
