State Capitol Bismarck
FARGO (AP/KFGO) — North Dakota’s 2021 legislative redistricting plan violates the rights of two Native American tribes because it dilutes their voting strength, a federal judge ruled Friday.
U.S. District Chief Judge Peter Welte of Fargo said the redrawn legislative districts violated the Voting Rights Act of 1965. The ruling came months after a trial held in June in Fargo.
In his ruling, Welte said the plan approved by the state Legislature to redraw voting districts in accordance with the latest census data “prevents Native American voters from having an equal opportunity to elect candidates of their choice” – a violation of the landmark civil rights law.
Welte gave the Republican-controlled Legislature and the secretary of state until Dec. 22 “to adopt a plan to remedy the violation.”
The Turtle Mountain Band of Chippewa Indians and the Spirit Lake Tribe alleged the 2021 redistricting map “simultaneously packs Turtle Mountain Band of Chippewa Indians members into one house district, and cracks Spirit Lake Tribe members out of any majority Native house district.”
The two tribes sought a joint district and unsuccessfully proposed to the Legislature a single legislative district encompassing the two reservations, which are roughly 60 miles apart.
Former U.S. Attorney Timothy Purdon, now a partner at Robins Kaplan, represented the tribes in the case.
“The tribes’ proposal to put the two reservations in the same district is a reasonable one. It doesn’t change very many lines in terms of redistricting other districts in the state. If I was a state legislator, I would take a long hard look at the cost–benefit of continuing to fund this litigation versus making minor tweaks to the existing map to honor the judge’s order and bring our redistricting map statewide into compliance with the federal Voting Rights Act,” Purdon said.
House Majority Leader Mike Lefor was on the interim Redistricting Committee that drew the lines in 2021. He said legislative leadership is considering all options, including the possibility of a special session or an appeal, in light of Friday’s ruling.
The Legislature will “perhaps” have to convene, Republican Senate Majority Leader David Hogue said.
Lefor said he was conferring with the Secretary of State’s office and that they expect to know more about next steps early next week. Assistant Secretary of State Sandra McMerty said her office is discussing the ruling with attorneys and legislators before making any public statements.
North Dakota’s Legislature, which meets every two years, just wrapped up a three-day special session in October to fix a budget mess from a major state government funding bill that the state Supreme Court voided in September. The next regular session isn’t until January 2025.
North Dakota has 47 legislative districts, each with one senator and two representatives. Republicans control the House of Representatives 82-12, and the Senate 43-4. At least two lawmakers, both House Democrats, are members of tribes sharing geography with North Dakota.
A three-judge panel earlier this month dismissed another federal lawsuit that targeted the redistricting, brought by two local Republican Party officials who challenged new House subdistricts comprising tribal nations as unconstitutional “racial gerrymandering.”
The Legislature created four subdistricts in the state House of Representatives, including one each for the Fort Berthold and Turtle Mountain Indian reservations.
Lawmakers who were involved in the 2021 redistricting process have previously cited 2020 census numbers meeting population requirements of the Voting Rights Act for creating those subdistricts.
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