A federal judge has issued a ruling ordering the creation of a new joint legislative district in North Dakota for two Native American tribes. The judge, U.S. District Court Chief Judge Peter Welte, determined that the state’s redistricting map for 2021 violated the Voting Rights Act by diluting the tribes’ voting strength. The decision comes after a lawsuit filed by the Turtle Mountain Band of Chippewa Indians and the Spirit Lake Tribe, who argued that the map packed members of one tribe into one district and excluded members of the other tribe from any majority Native district.
Chief Judge Welte’s ruling requires changes to only three districts and is considered the least intrusive option that complies with the Voting Rights Act and the Constitution. The new map will be used for the 2024 elections. The tribes’ attorney, Tim Purdon, stated that the ruling aligns with the Tribes’ original recommended map during the redistricting process and called on the Legislature and the Secretary of State to stop spending taxpayer dollars on litigation.
It is unclear at this time which lawmakers will be affected by the new boundaries and whether they will have to run against a colleague to retain their seats in the Legislature. North Dakota’s assembly only meets in odd-numbered years and is currently not in session. Republican Secretary of State Michael Howe and the GOP-controlled Legislature were given until December 22 to adopt a plan to remedy the voting rights violation, but they failed to meet the deadline.
Following the judge’s November ruling, Secretary of State Howe announced plans to appeal, citing a recent ruling from the 8th U.S. Circuit Court of Appeals. However, both Chief Judge Welte and the 8th Circuit denied requests to delay the ruling pending appeal. The Legislature also requested an extension of the deadline, which was denied by Chief Judge Welte. Ultimately, the judge granted the tribes’ request for a new map.
Republican House Majority Leader Mike Lefor stated that lawmakers have postponed a meeting of the Legislature’s Redistricting Committee to comprehend the ruling and discuss potential next steps. The Legislature’s attorneys, along with the secretary of state and attorney general, will also be involved in these discussions.
In 2021, the two tribes proposed a single legislative district encompassing their reservations, but the proposal was not accepted. North Dakota currently has 47 legislative districts, with Republicans holding a significant majority in both the House of Representatives and the Senate. At least two lawmakers, both House Democrats, are members of tribes.
The redistricting process has been a contentious issue, with lawmakers involved in the 2021 process defending their actions based on population requirements and the Voting Rights Act. However, Chief Judge Welte’s ruling highlights the need to address the concerns raised by the Native American tribes.
As the new map is implemented, it will be crucial to ensure fair representation and protect the voting rights of all citizens in North Dakota.
