South Dakota’s Voting Law: A Creepy McCarthyism 2.0?

South Dakota Republicans Unleash Citizen-Led Voter Challenges

In a move that has drawn sharp criticism and comparisons to historical periods of intense political suspicion, South Dakota has enacted a new law, set to take effect on July 1st. This legislation, passed by the Republican-controlled legislature and signed by the Republican governor, empowers any citizen within the state to challenge another individual’s right to vote based on their citizenship status. The burden of proof then shifts entirely to the voter whose eligibility is questioned, requiring them to affirmatively demonstrate their citizenship and right to vote. Failure to do so results in the loss of voting privileges.

A Shift in the Burden of Proof

The core of the controversy lies in this inversion of the traditional legal standard. Instead of the state bearing the responsibility of proving a voter’s ineligibility, the onus is now placed on the individual to prove their eligibility when challenged. Critics argue this creates a system ripe for abuse, where unsubstantiated suspicions can lead to the disenfranchisement of legitimate voters. The process involves a citizen filing a challenge, which then places a “red flag” on the individual’s voting record. This can lead to difficulties at the polls, potentially resulting in voters being denied a ballot or being issued a provisional ballot that may not be counted.

This is all a form of voter suppression. But this is a creepy new level we have not seen before. We are in the era when it comes to voting here in the United States of pre-crime punishment. Pre-crime. You, the individual, have to go and prove that you did not pre-commit the crime that they think you’re going to commit by voting illegally.

Echoes of McCarthyism and Minority Report

The law has drawn strong rebukes, with comparisons being made to the McCarthy era’s climate of suspicion and the dystopian fiction of “Minority Report.” The idea that any citizen can report their neighbor based on mere suspicion, without concrete evidence, evokes the “Report your neighbors” mentality associated with historical periods of political paranoia. This, according to critics, transforms the citizenry into informants, fostering an environment where unsubstantiated accusations can have significant consequences on fundamental rights. The “pre-crime” analogy highlights the frustration that individuals must prove their innocence or eligibility before any actual wrongdoing has occurred, effectively punishing them in advance.

Voter Suppression in a New Guise

While the state maintains that it will not immediately strip voting rights, the process of investigation and the potential for provisional ballots are seen as significant hurdles. This mechanism, critics contend, is a sophisticated form of voter suppression designed to make voting more difficult, particularly for marginalized communities who may face greater challenges in navigating bureaucratic processes or proving their eligibility under duress. The law is framed as a way to ensure election integrity, but opponents argue its practical effect is to suppress votes by creating administrative obstacles and fostering an environment of fear and suspicion.

The Specter of ALEC and State Laboratories

The concern extends beyond South Dakota’s borders, with predictions that similar legislation could proliferate across other states. The American Legislative Exchange Council (ALEC) is frequently cited as a potential architect or promoter of such laws. ALEC, a non-partisan organization that brings together state legislators and private sector representatives, is known for developing model legislation that is then introduced in statehouses nationwide. The strategy, as described, involves testing such policies in states that may not receive widespread national attention, using them as “laboratories of democracy.” If successful, these policies can then be adopted by other states.

Historical Precedents and the Spread of Policy

The transcript draws a parallel to the political landscape of Wisconsin years ago. Once a state that garnered less national attention, it became a focal point for policy changes spearheaded by groups like the Koch Network and ALEC. The implementation of policies affecting public sector unions and promoting oil and gas exploitation under Governor Scott Walker demonstrated how states can become testing grounds for broader political agendas. This success in Wisconsin, followed by similar developments in Florida and Texas, illustrates a pattern of policy diffusion from one state to others, particularly within the Republican party.

Implications and Future Outlook

The South Dakota law is seen as a harbinger of similar efforts to reshape voting laws in other conservative-leaning states. The upcoming midterm elections are highlighted as a potential period for the widespread introduction and adoption of such measures. The trend suggests a continued national debate over voting access and election security, with differing approaches to balancing these often-competing priorities. The effectiveness and legality of such citizen-led challenge systems will likely be tested in courts and become a significant issue in future elections.

Why This Matters

This development in South Dakota is not merely a local issue; it represents a potentially significant shift in how voting rights are managed and challenged across the United States. The creation of a system where citizens can initiate the process of disenfranchising others based on suspicion, rather than evidence, raises profound questions about due process, the presumption of innocence, and the fundamental right to vote. If this model proves effective in South Dakota, it could indeed spread, fundamentally altering the landscape of voter access and potentially leading to increased polarization and legal challenges in election administration nationwide. The implications for democratic participation and the trust in electoral processes are substantial.

Source: South Dakota Republicans Take Voter Suppression To Creepy New Level (YouTube)