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QUICK BEAR QUIVER v. NELSON

No. Civ. 02-5069.

387 F.Supp.2d 1027 (2005)

Elaine QUICK BEAR QUIVER; Theresa Two Bulls; Vernon Schmidt; and Alfred Bone Shirt, Plaintiffs, v. Chris NELSON, in his official capacity as Secretary of State of the State of South Dakota; Sue Ganje, in her official capacity as County Auditor of Shannon County; and Kathleen Flakus, in her official capacity as County Auditor of Tripp County, Defendants.

United States District Court, D. South Dakota, Western Division.

July 13, 2005.

Attorney(s) appearing for the Case

Bryan L. Sells, Atlanta, GA, Patrick K. Duffy, Rapid City, SD, for Plaintiffs.

John P. Guhin, Sherri Sundem Wald, Attorney General's Office, Pierre, SD, Susan W. Pahlke, Pahlke Law Office, Winner, SD, Donald P. Knudsen, Gunderson, Palmer, Goodsell & Nelson, LLP, Rapid City, SD, for Defendants.

Before MURPHY, Circuit Judge, SCHREIER and ERICKSEN, District Judges.

OPINION AND ORDER

SCHREIER, District Judge.

On March 7, 2005, South Dakota House Bill 1265 became effective without preclearance under § 5 of the Voting Rights Act of 1965(VRA). Prior to HB 1265's passage, county commissioners could only redistrict county commissioner districts one time per decade in response to the decennial census. HB 1265 allows county commissioners to redistrict county commissioner districts a second time per decade upon a showing...

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