Obviously, I'm no lawyer, because it felt like a loss to me.
Judge Partially Grants Sen. Daschle Requst
November 2, 2004 4:00 a.m. EST
By CARSON WALKER, Associated Press Writer
SIOUX FALLS, S.D. - A federal judge partially granted Democratic U.S. Sen. Tom Daschle's request to limit the activities of Republican poll watchers, after he accused his opponent and the GOP of intimidating American Indian voters.
The decision early Tuesday by U.S. District Judge Lawrence Piersol applies only to voters in Charles Mix County. Traditionally, Indians in South Dakota vote heavily Democratic.
As part of the ruling, Republican poll watchers are prohibited from following American Indian voters out of polling places. They are also prohibited from taking down the license plate numbers of American Indians' vehicles.
Daschle took his Republican opponent, the South Dakota Republican Party and GOP election observers to court late Monday, alleging intimidation of American Indian voters. He asked for a temporary restraining order to prevent Republicans from doing anything that would "harass, intimidate or discourage voters."
David Jordan, a volunteer Daschle poll watcher, testified at the hearing that he spent Monday at Lake Andes, a town heavily populated by Yankton Sioux, and saw GOP observers follow early Indian voters out of the polls and write down their license plate numbers. "They did it pretty much every time" an Indian voted, Jordan said.
On cross-examination, Jordan said none of the observers kept anyone from voting, spoke to any voters or wore clothing with the name of Daschle's opponent, John Thune, on it.
Joel C. Mandelman, a lawyer from Arlington, Va., testified that he was hired by the Republican National Senatorial Committee to monitor the voting because of worries about fraud. He said he believes 150 attorneys or observers are working for Republicans in eastern South Dakota and a greater number in the western part of the state on the Rosebud and Pine Ridge reservations.
Mandelman testified he wrote down the license plate numbers of six or seven vehicles used to take Indians to the Charles Mix County courthouse to vote early.
Mandelman said he and another GOP lawyer went out of their way to avoid obstructing voters: "Nobody was intimidated by anything. They all voted."
Daschle, who is seeking his fourth term, and Thune, a former member of the U.S. House who unsuccessfully challenged Sen. Tim Johnson in 2002, are locked in a close race.