Skip to content
Subscribe

State Ordered to Pay Third Party Plaintiffs $619,000 in Legal Costs After Limiting Ballot Access

State Ordered to Pay Third Party Plaintiffs $619,000 in Legal Costs After Limiting Ballot Access
Published:

U.S. District Judge Lawrence Piersol ordered the state of South Dakota Tuesday to pay $612,045 in legal fees, and travel expenses of $7,539 for the plaintiffs who won a ballot access trial against the state in February. Judge Piersol ruled in late February that the state signatures requirements for minor parties to access the ballot were onerous, and that the late-winter filing deadline was too early.

In March the state complied with the February court order by repealing the ballot access requirements which the court found to impose a "severe burden" on third parties and their members.

It was a big win for the plaintiffs in the case, the Libertarian Party of South Dakota (which is fielding candidates for governor and the U.S. House this year), the Constitution Party of South Dakota, and various party officials, and for future South Dakota candidates who want to take the road less traveled to public office outside of the two party system, without shouldering burdensome and biased state requirements to get their name in front of voters on election day.

But now, seven months after their late February victory in the U.S. District Courthouse in Sioux Falls, Judge Piersol's latest ruling against the state is a $619,000 cherry on top of a sweet ballot access victory sundae for the plaintiffs in the case. To win their case, the third parties had to fight through nearly three years of litigation, and hire the help of four lawyers from outside the state, including two attorneys from the ACLU, who put in hundreds of hours.

That was the point of contention for the defendants. The state attorneys representing Secretary of State Shantel Krebs and Attorney General Marty Jackley argued the state should not have to pay out-of-state fees for in-state work, but the plaintiffs showed the judge evidence that they had sought out the services of 10 attorneys in South Dakota and been turned down by each, who declined to represent a suit against the state in a complex ballot access case.

Judge Piersol wrote in his 10 page ruling:

"[I]t is too much to expect the plaintiffs, lay people, to find the one attorney in South Dakota who might have taken the case, but then again might not have taken the case, especially considering the time and expense involved in aggressively pursuing the claims."

On Thursday the ACLU of South Dakota announced that Robins Kaplan, one of the attorneys in the case, would be donating their share of the fees awarded by Judge Piersol to the ACLU.

Adhere to the IVN etiquette

By posting a comment, you agree to adhere to our etiquette rules: No partisan attacks, no personal attacks, substantiate your sources, no self-promotion.

Contact IVN

Questions about this article or our coverage? Send us a message. A free IVN member account is required.

Message sent

Thanks, we’ll review it and get back to you if needed.

Message not sent

Sorry, something went wrong. Please try again.

Sign in to send a message

Messages are tied to your IVN member account. Signing in is free and takes a few seconds.

Contact IVN

Questions about this article or our coverage? Send us a message. A free IVN member account is required.

Message sent

Thanks, we’ll review it and get back to you if needed.

Message not sent

Sorry, something went wrong. Please try again.

Sign in to send a message

Messages are tied to your IVN member account. Signing in is free and takes a few seconds.

Republish this article

Republishing guidelines

Republish IVN articles for free. Independent Voter News articles may be republished online or in print under a Creative Commons BY-NC-ND 4.0 license, on these terms:

  1. Credit the author and IVN. Keep the byline ("By Author Name, Independent Voter News") and the attribution note at the end, which links to the original.
  2. Keep the meaning. You may update time and place references and apply your house style. You may trim for length, as long as the cuts don't change the meaning or misrepresent the author. Keep the headline. Mark any additions as your own (for example "Additional reporting by ...").
  3. Translations are welcome. Translate faithfully, add "Translated from English by [your outlet]", and tell us at editor@ivn.us.
  4. Keep the links, including the link to the original article.
  5. Keep the tracking image. The HTML includes a 1-pixel image that counts readers on your page. It collects no personal information.
  6. Photos and illustrations. Images credited to IVN may be used with this article only. Images credited to others (AP, Getty, Unsplash, Wikimedia and so on) stay under their owners' terms. Secure the rights or switch "Include images" off.
  7. Don't sell it. You can't sell our articles or sell ads specifically against them. Your normal site advertising is fine.
  8. No implied endorsement. Don't suggest that IVN or the author endorses you, your candidates or your causes, or that donations to you support IVN.
  9. Keep labels. Opinion or analysis pieces keep that label.
  10. Point search engines to the original. Where your CMS allows, set the canonical URL to the original IVN article.
  11. No bulk or automated republishing, and don't submit our articles to aggregators (Apple News, Google News, MSN) as your own.
  12. Corrections and removals. Update your copy when we correct it, and remove it promptly if we ask. We'll contact you at the email you give us.
  13. Questions or print republication: editor@ivn.us.

IVN staff: fill in who you're inviting above, then create the invite.

Preparing the article

State Ordered to Pay Third Party Plaintiffs $619,000 in Legal Costs After Limiting Ballot Access

Choose a format
  • HTML
  • Email HTML
  • Markdown
  • Formatted (.docx)
  • Plain text
  • WordPress blocks
  • PDF
Choose a platform

Photos credited to others need their owners' permission.

To for

Republishing somewhere else? Questions? editor@ivn.us