Judge Allows Voter to Wear Shirt at Polls

A federal judge temporarily blocked a South Dakota county from barring a voter for wearing a 'Natives Vote' T-shirt at the polls.

Updated on Nov. 4, 2026 in Elections

Judge Allows Voter to Wear Shirt at Polls

Live Poll

Should voters be allowed to wear nonpartisan civic messages like T-shirts at polling places?

U.S. District Judge Karen E. Schreier granted a temporary restraining order allowing Lonnie Provost, a member of the Yankton Sioux tribe, to vote wearing a 'Natives Vote' T-shirt. Charles Mix County election officials had turned him away from a polling place during the 2024 general election over the shirt.

Why it matters

The ruling clarifies how election workers may treat nonpartisan apparel at polling places in South Dakota, a state where voter-related shirts have drawn enforcement disputes. Provost's First Amendment claim could shape how state electioneering rules are applied to nonpartisan voter participation messages.

The order applies to voters wearing 'Natives Vote' apparel at all Charles Mix County polling places through the close of voting Tuesday. South Dakota's electioneering law bars campaign materials within 100 feet of a polling place, and whether the shirt falls under that ban is still being litigated.

The players

Karen E. Schreier

Schreier is a U.S. District Judge for the District of South Dakota who granted the temporary restraining order.

Lonnie Provost

Provost is a member of the Yankton Sioux tribe who filed the First Amendment complaint after being turned away from a Charles Mix County polling place.

Jason Gant

Gant is the Charles Mix County auditor, who said the shirts violate state electioneering laws and was ordered to instruct election workers.

The details

Provost filed a complaint in federal court on Monday after being turned away from a polling place during the 2024 general election, claiming a First Amendment violation. Schreier granted the temporary restraining order Tuesday morning following a hearing at the federal courthouse in Sioux Falls, requiring county auditor Jason Gant to instruct election workers that any voter wearing the apparel be allowed to vote. Provost cast his ballot wearing the shirt after the order.

The 2024 general election, when Provost was first turned away from a polling place.
Monday, when Provost filed the federal complaint and restraining order request.
Tuesday morning, when Judge Schreier granted the temporary restraining order.
Tuesday, when Provost cast his ballot wearing the 'Natives Vote' shirt.

Season Trajectory

The ruling turns on whether South Dakota's 100-foot electioneering statute reaches nonpartisan Native voter participation apparel. The judge found the shirt advocates for no candidate, party, or ballot measure, a distinction that could define how the statute is enforced going forward.

Voters in Charles Mix County who wear nonpartisan apparel to the polls are protected under the order through the close of voting Tuesday. Election workers at the county's polling places must follow the auditor's instructions when checking clothing.

The takeaway

Voters should expect that the rules for campaign apparel at polling places may still be decided in court. Checking local election guidance before wearing shirts or buttons to the polls can avoid delays on Election Day.