Events fan flames of ‘food for votes’ dispute

• Image

Democratic gubernatorial candidate Scott Heidepriem gives a speech Thursday to Crow Creek tribal members at the Crow Creek Community Center in Fort Thompson. (Chris Huber/Republic Photo)

Talk about it

More...

• Election Central
• Herseth Sandlin: Noem ‘pretending’ to have the endorsement from NRA

The controversy over so called “food for votes” rallies grew Thursday as high-profile Democratic candidates conducted feeds and early voting rallies on the Lower Brule and Fort Thompson reservations.

U.S. Rep. Stephanie Herseth Sandlin, D-S.D., who faces Republican Kristi Noem and independent B. Thomas Marking on Nov. 2, defended the events against charges that they are illegal.

“It’s curious to me that when both political parties in different parts of the state offer doughnuts and coffee in different counties, it’s not until it’s in counties where there are Native Americans who are seeking to vote early that questions are raised,” Herseth Sandlin said after a Fort Thompson rally. “It’s part of a pattern to try to suppress the vote, serve up distractions to distract away from the issues and the records of the candidates who are running.

“There is nothing illegal going on here. There is no quid pro quo. There is the option for people to take advantage of early voting.”

A 1998 interpretation of state law, however, states that no quid pro quo is necessary to constitute a violation. The mere act of offering something of value “in exchange for voting” is against the law, according to a 1998 letter from then-Attorney General Mark Barnett and then-U.S. Attorney Karen Schreier, which was addressed to county auditors and political parties.

“It is important that everyone understand that the law does not require that the offering of a meal, money, gifts, or whatever, be in exchange for voting a certain way or for a certain party,” the letter read. “Simply offering to provide these items of value, in exchange for showing up to vote, is clearly against the law.”

A letter sent Thursday by South Dakota Attorney General Marty Jackley and U.S. Attorney Brendan Johnson to both major parties in the state said the two men agree with the 1998 letter issued by their predecessors and reminded party members that “the law does not allow a person, political party or any other entity to offer any item of value in exchange for voting.”

Democratic Party officials had planned to make volunteers available so Lower Brule and Crow Creek tribal members could vote at the county courthouses in Kennebec and Gann Valley, respectively, after the rallies.

Herseth Sandlin cited at both rallies how votes from Indian Country contributed to her winning a full term in June 2004. Reservations in South Dakota have typically been Democrat strongholds.

Erin McCarrick, state Democratic Party executive director, said the voting effort was being coordinated at the local level and volunteers could not be found to drive people to Kennebec. Buffalo County Commissioner Donita Loudner, a Democrat and Crow Creek member from Fort Thompson, arranged for the elderly and shut-ins to vote at Golden Age Center across the street from the community center in Fort Thompson after the Crow Creek rally.

Buffalo County Auditor Elaine Wulff said one handicapped person, a Democrat, cast a ballot after the rally and three registered to vote. She said early voting was open to voters from both parties starting at 2 p.m. She and Marcella Big Eagle, nutrition director at the center, said they thought low turnout occurred because of short notice given about the rally.

State Republican Party Chairman Bob Gray called Thursday for an investigation into what his party called “food for votes” events, including those held at Lower Brule and Crow Creek and an event earlier this week on the Pine Ridge Reservation.

Gray noted that Barnett and Schreier told Democratic Party officials more than 10 years ago that the practice is illegal.

“While the candidates have changed, the law hasn’t,” he said. “Stephanie Herseth Sandlin should know better. In her desperation to hold onto her seat, she’s pulling out all the old tricks.”

Herseth Sandlin said examples exist of the GOP conducting similar rallies, such as U.S. Sen. John Thune, R-S.D., conducting pancake feeds in the 2004 race against former Sen. Tom Daschle. KOTA-TV in Rapid City reported on Sept. 22 that Noem and Lt. Gov. Dennis Daugaard, who is running for governor, were at a Republican rally in Rapid City to raise awareness about early voting and met with voters over food and drinks.

Attorneys for the GOP Party sent letters Thursday to state’s attorneys in Shannon, Lyman and Buffalo counties, Attorney General Marty Jackley and U.S. Attorney Brendan Johnson asking for a probe.

Representatives of Jackley’s and Johnson’s offices declined to make any comment beyond what was said in the letter sent to party officials. The state’s attorneys from Shannon, Buffalo and Lyman Counties could not be reached for comment Thursday by The Daily Republic.

Herseth Sandlin criticized Gray, questioning whether an investigation was a good use of taxpayer money. She said the call for the investigation is part of the state GOP party’s strategy to make it difficult for American Indians to vote, and she called the effort disrespectful.

“I hope they investigate both political parties,” she said. “Let’s make it an equal opportunity witch hunt.”

Herseth Sandlin noted the Democratic Party has several Indian candidates, including District 21 state Senate candidate Brandon Sazue from Fort Thompson, and the state party received requests to help encourage people to vote.

“It’s respectful of the Native American culture to feed the people,” she said.

Democratic gubernatorial candidate Scott Heidepriem said after the Fort Thompson rally that the events on the reservations are no different than his opponent having a dozen or so feeds during his campaign. Heidepriem recalled events in his hometown of Miller and elsewhere.

“He provided the food, invited the public with advertisements in newspapers to come there and support his candidacy to meet him and learn more,” Heidepriem said of his Republican opponent, Dennis Daugaard. “That’s no different than what went on here.”

The Daily Republic asked Daugaard’s campaign manager, Tony Venhuizen, for a response. Venhuizen said most of Daugaard’s events were conducted prior to the start of early voting, and there was no offer to transport people to a polling place.

“This is offering food and then driving people to the poll,” Venhuizen said. “We’ve certainly never had an event like that.”

Heidepriem said Daugaard, the current lieutenant governor, and Gov. Mike Rounds can employ workers with sixfigure salaries,who give them thousands of dollars in campaign contributions.

“But (if) an Indian is offered a bowl of soup, somehow the Republicans cry foul,” he said.

McCarrick said the Republican allegations are false and hypocritical and designed to suppress voting in Indian Country. The party’s attorney, Jim Leach, said there is nothing illegal about providing food at a campaign rally.

Before the rally at Lower Brule, Tom Katus, Democratic candidate for state treasurer, handed out campaign stickers. Campaign staffers of Herseth Sandlin had people sign in and also distributed campaign stickers. McCarrick offered participants the chance to register to vote.

Roughly 100 tribal members attended the rally at the Lower Brule Community Center, and about 50 participated at Fort Thompson.

Several tribal members said they saw nothing wrong with a meal being offered at rallies, saying that is part of Indian tradition.

Loudner said she didn’t see the meal as an incentive to vote. She said this is the first time candidates for offices other than U.S. House or Senate have campaigned on her reservation.

“It’s a way of socialization, pulling people in,” she said. “What an opportune time for people to be here and listen. … If we didn’t have chili, I’m sure they still would have come.”

Loudner also wanted Wulff there to help clear up some misunderstanding with voter registration since the county redistricted four years ago.

The fact that Republicans were questioning the manner of the early vote rallies points to how out of touch the party is with Indian culture, said Boyd Gourneau, of Lower Brule. He was unaware that going to vote in Kennebec had been an option.

“If you were to come to my home, we would offer you food, drink and a lot of people do, whether they have the food or not,” he said. “That is part of our culture, and apparently Stephanie and Scott are in touch with our culture. They know when you come to greet in our country, they would do as we would do.

“Have we been doing this illegally for years? I just don’t see that as being an issue. Maybe it is off the reservation.”

One Lower Brule tribal member, Priscilla Gray Owl, who opposes Herseth Sandlin, agreed with the Republican Party’s concerns.

“Why do we have to turn around and wind up being bribed to turn around and put a vote down for her?” she asked.

Tags: election 2010, stephanie herseth sandlin, scott heidepriem, kristi noem, dennis daugaard, food for votes, crow creek, lower brule, our towns, fort thompson, american indians, native americans, news, politics, fccnetwork, indians