Judge Orders New Legislative District Be Created

NORTH DAKOTA – In a landmark decision, U.S. District Chief Judge Peter D. Welte has ordered a new joint North Dakota legislative district, responding to the concerns of the Turtle Mountain Band of Chippewa Indians and the Spirit Lake Tribe. This ruling addresses their grievances against the state’s 2021 redistricting map, which they argued violated the Voting Rights Act of 1965 by diluting their voting power.

Judge Welte’s decision came after the North Dakota Secretary of State, Michael Howe, did not propose a remedial plan to address these concerns. Welte emphasized that it was the federal court’s “unwelcome obligation” to intervene and devise a remedy in such cases, underscoring the importance of equal voter representation.

The court’s proposed plan, which affects changes to only three districts, aims to align with the Voting Rights Act’s Section 2 and the mandates of the North Dakota Constitution. This constitution stipulates the near-equal power of every elector in casting ballots for legislative candidates. Judge Welte’s ruling highlights a significant issue: the original map unequivocally prevented Native American voters from having an equal opportunity to elect candidates of their choice. This violation of the Voting Rights Act necessitated judicial intervention, especially given the preponderance of evidence and extensive data presented at trial.

The Turtle Mountain Band of Chippewa Indians and the Spirit Lake Tribe, both federally recognized and with significant populations in North Dakota, have been at the forefront of this legal battle. Their lawsuit stemmed from the 2021 redistricting process, which they claimed packed and cracked their members into different house districts, thereby diluting their electoral influence.

This case has seen various developments, including an unsuccessful appeal by the legislature to the Court of Appeals of the Eighth Circuit and Secretary of State Howe’s plans to appeal, based on a recent ruling regarding the scope of the Voting Rights Act. Despite these efforts, the court consistently upheld its initial ruling, emphasizing the need for immediate corrective action.

Tim Purdon, the attorney representing the tribes, expressed satisfaction with the ruling, stating, “The map that will be used in 2024 is the same Voting Right Act-compliant map the Tribes originally recommended to the Redistricting Committee and the full Legislature during the 2021 redistricting process.” He urged the Legislature and the Secretary of State to stop using taxpayer dollars to litigate against fair maps in North Dakota.

This decision is not just a victory for the two tribes but also a significant development in the broader context of voting rights in the United States. It underscores the ongoing challenges and complexities of ensuring fair and equal representation in the electoral process, especially for minority communities.

The new boundaries, while affecting only a few districts, have broader implications for lawmakers and the political landscape in North Dakota. The state’s legislative assembly, which meets only in odd-numbered years, will have to navigate these new dynamics in the upcoming sessions.

The case also highlights the intricate relationship between federal and state authorities in electoral matters. While the legislature initially argued for its right to create districts based on census data, the federal court’s intervention illustrates the checks and balances in place to protect the fundamental rights of all citizens, as enshrined in the Constitution and federal laws like the Voting Rights Act.

Looking forward, the first election under this new districting will occur in November 2024, offering an opportunity for the tribes to elect representatives who reflect their communities’ interests and priorities. This ruling not only rectifies a specific grievance but also sets a precedent for how redistricting should be approached in the future, with a keen eye on fairness and representation for all groups, especially those who have been historically underrepresented.