Lawrence County facing dilemma of initiated measure petition filed that potentially violates federal law

@SoDakCampaigns

The Black Hills Pioneer has a story on their website today on how Lawrence County, and potentially up to 26 counties are facing a headache of initiated measures at the county level that experienced election lawyer Sara Frankenstein believes stand in direct violation of federal law, and will give cause of action for the ACLU and others to bring suit against Lawrence county and other counties who would if the initiated measure would pass in this or other counties:

She said South Dakota Canvassing does not seem to understand why the machine exists as required by the Help America Vote Act.

These specific machines are designed to help people with disabilities vote independently.

and..

“Who in the world would be against that,” Frankenstein asked. “Who would be against helping disabled people vote? I don’t think these folks realize that when they put number three on a petition, that says electronic voting devices of any kind are prohibited.”

She said the Help America Vote Act requires one of those electronic devices to be in every polling place for every federal election. “So, if your ballot has a federal election on it, those have to be in the polling place,” she said. “So, the problem with the petition, there could be others, but the one that’s just glaring and obvious for this election lawyer is that number three, there’s no exception made for federal cases … so it outright violates the Help America Vote Act.”

and..

Frankenstein said if that happens, the county will be sued. She said she will get called to defend the county, and she will lose.

“I can’t possibly defend that,” she said. “How could I defend a county ordinance that violates federal statute?”

Read the entire story here.

That’s the problem with the election conspiracists who insist we need to be using paper ballots. Why should they be concerned about things like federal laws and civil rights getting in the way of their zealotry?  Just because it could cost county taxpayers millions in lawsuits doesn’t matter in their pursuit of internet conspiracies.

24 thoughts on “Lawrence County facing dilemma of initiated measure petition filed that potentially violates federal law”

  1. Sara is a strong conservative who really knows her stuff. If she says it’s illegal, it is. Period.

  2. Rick Weible and Co. have never written legislation. They also think they are the smartest people in the room. This is the result.

    1. Young Rhoden said it best a few weeks ago when he warned James Gingras not to give legal interpretations to the county which violate federal law and crazy-canvassing labeled him a bully and that his warning was a threat. I really thought he was looking out for the guy, and i suppose this proves that he was. Without a law degree, he kept them out of trouble as best he could and they’ve been attacking him for it…. pretty pathetic.

      I guess now they’re going to have to accuse Frankenstein of threats and being a bully. They’ve been lambasting Rhoden with lies ever since, as I expect they will Frankenstein, but luckily there’s not one decent individual who actually reads their filth. We need to take any legislation brought by these nincompoops and slap it into the dirt. By far the worst group in SD, even worse than Democrats. [Redacted – I’m going to be editor and clip most of the personal slams out, because while not unwarranted, veers significantly off topic – pp]

      This whole group is a joke. Thanks a lot Wingnuts, Wackos, CFL, FreedomCaucus, YAL, Tea-Party, and all the rest of you populist Republicans who let others do your thinking for you. You created this abomination, and make us all look like fools.

  3. I feel bad for the county employees, election workers and volunteers that have to deal with these people. You cannot reason with them. They are hellbent on thinking everyone is out to get and cheat them.

  4. Perhaps Sara Frankenstein could help draft a petition that does not violate the federal law? It appears that some of our citizens have not followed the news that, yes, there was fraud in the 2020 election as well as before that election. Perhaps they should watch the documentary “Rigged” and other documentaries that prove there was massive fraud. Mail in ballots are just the tip of the iceberg when it comes to fraud. It was also proven that the voting machines can be hacked using a simple ball point pen or a felt tip marker. Our Constitutional Republic is at risk as the election fraud deniers refuse to look at the evidence.

      1. It is so transparent that you are too damn lazy to actually watch the documentaries. They prove that I am not full of crap! I would surmise that you are happy living with the Biden coup as well as the liberal RINOS that are in office by fraud. Communism is overtaking this country and you aholes don’t give a flying F.

        2. If you’re so compelled that this country is going to hell because of this supposed fraud, nut up, file some papers, and go to court. If not shut up. You don’t get that spreading the lie of election fraud only drives people away from voting because “if the systems rigged why vote” and also drives away moderate voters.

          And if you want proof of that, look at each election since the Georgia senate elections just after Trump began lying. We as a party have either lost or grossly underperformed and it’s because of absolute morons such as yourself.

          So again, nut up and go to court or stuff it.

  6. Way to go Lawrence County. It takes a lot of courage to get out there and do something about the fraud that occurs in our elections via these machines. I signed this petition and told the gentleman who came to me door, THANK YOU! Anybody paying attention knows that there is a coordinated effort across the nation to subvert any action on trying get rid of their “system.” Perhaps Sarah Frankenstein is a paid mis/dis information spreader? This petition is not breaking federal law. Frankenstein conveniently cherry picks. Stop listening to these lawyers who thrive on lawfare against citizens working to show you the truth. https://southdakotacanvassinggroup.substack.com/p/stop-hb-1140?r=1tsbt6&utm_campaign=post&utm_medium=web&fbclid=IwAR3KPQCNAJNbJuuBhagls8KLYQiD_-0cO5sDEDTlVzBYDwyKrCo6mod2GB0&triedRedirect=true

    2. Anyone that believes the legal opinion nonsense coming from the Canvass Queen needs to take off the tin foil hat. Every single one of the her “legal arguments” has lost when it gets in front of a judge. Every. Single. One. That, by itself, should be enough to not give credence to anything that comes out of her mouth, but people continue to take large gulps of her cool aid. Her ignorance is also glaring in the sub stack link you posted, Yes, SDCL 12-17B-3 gives counties the right to use, not use, or experiment with any approved tabulation machine or electronic voting machine. What she conveniently leaves out is SDCL 12-17B-6.1 that says if a candidate for federal office appears on the ballot at a polling place, such polling place is REQUIRED to have an electronic ballot marking system present. 52 USCA 21081 also requires poling places to have “one direct recording electronic voting system or other voting system equipped for individuals with disabilities at each polling place.” And, whatever voting system that is used must still ensure the privacy and independence of the voter. The voting machines still use a paper ballot.

      The laws are different for nursing homes because, shocker, they are not polling places. The ADA gives people the OPTION to have someone help them fill out their ballot. What Polema is arguing for would force them to do so. Which, again, is a blatant violation of state and federal law. Polema is grossly misinterpreting the law and it is unfortunate that so many people are unquestionably believing her. She is making every one of her followers look like fools. I truly do hope this ends up in court so she can once again be proved wrong.

    3. Or maybe listen to Sara, states attorneys, and your county auditor. They’re the ones protecting the county you’re trying to burn to the ground

  7. How are these far right loonies not embarrassed? I’m embarrassed for them, and the second hand embarrassment is crushing enough, I can’t fathom openly admitting you’re that stupid and demanding to be respected for it.

    What election was rigged in South Dakota? Should Trump have won by an even larger margin? Because I’m not sure that’s even possible.
    Get off Facebook, and the pillow man’s website, while you’re at it . Give it up and stop distorting my state and making the good and decent people who live here look as out of touch with reality as you are.

  8. Thanks Kristi Noem! You marketed to them to come to South Dakota. The stories I hear from local realtors of these out of state crazies buying houses site unseen and then describe how nutty they are. If South Dakota can be the national home for all of them then the rest of the nation will thank the state. One condition the 49 states and territories would insist on is that these crazies stay in South Dakota and not come back.

  9. Nicole Braithwait and Erica Douglas are incredibly insane. One is from Minnesota the other from North Dakota. They need to go back to where they came from. Both are incredibly insane.

  10. As ifnn we didn’t have enough local wackos, now we are importing them. They are taking up our time and squandering our tax dollars on their pipe dreams.

    1. Just visited with a realtor yesterday and they are buying up houses all over the state some in small towns. Then when they get there they ask where is the grocery store? It is like there has not been a grocery store here in 40 years! Did these idiots not do any research? They are just dumb but they love our Governor and that is why they came! Freedumb and that election fraud is everywhere! Spouting off crazy conspiracies and getting rid of the RINOS because of the Uniparty!

      The realtors are used to it and try to keep them (Red and blue state refugees) focused on getting done with the process and transaction with their purchase so they can get the hell out of there.

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