A federal judge on Monday successfully argued that the maps created by 2021 redistricting violated the Voting Rights Act by weakening their voting power, making the case for two Native American tribes that Ordered the creation of new U.S. Congressional districts in the Dakotas.
U.S. District Court Chief Judge Peter Welte's decision to adopt and implement the new map found that the state's 2021 redistricting map “prevents Native American voters from having an equal opportunity to elect candidates.” The decision comes after a flurry of lawsuits have been filed in court since the Nov. 17 ruling. It's their choice. ”
The judge gave North Dakota Republican Secretary of State Michael Howe and the Republican-controlled Legislature until Dec. 22 to “adopt a plan to correct the violations.” The deadline passed without a new map, as Mr Howe and his MPs sought a delay in the judge's ruling and more time to respond.
Official appellate ruling in North Dakota top election protects Native American voting rights
Welte said the new map “requires changes in only three districts and is the least intrusive option that complies with the Voting Rights Act and the Constitution.”
The Turtle Mountain Band of Chippewa Indians and the Spirit Lake Tribe filed the lawsuit in early 2022. They claim the 2021 redistricting map “simultaneously packs members of the Turtle Mountain Band of Chippewa Indians into a single congressional district and excludes members of the Spirit Lake Tribe from the majority.” did. Private house area. ”
Tim Pardon, an attorney for the plaintiffs, said in an emailed statement that the tribe welcomes the ruling as it moves toward a 2024 election.
He said, “The map used in 2024 is the same Voting Rights Act-compliant map that the tribe originally recommended to the redistricting commission and Congress at large during the 2021 redistricting process.” . “It’s time for Congress and the Secretary of State to stop spending taxpayer dollars on litigation over fair maps in North Dakota.”
It was not immediately clear which members would be affected by the new boundaries, including which members would have to run against colleagues to defend their seats in Congress. The North Dakota Legislature meets only in odd-numbered years and is not in session.
North Dakota lawmakers read a proposed congressional map from two Native American tribes at the state capitol in Bismarck, North Dakota, Dec. 5, 2023. (AP Photo/Jacques Duras, File)
Days after Welte's November ruling, Howe announced the Eighth Circuit Court of Appeals' ruling that individuals and groups such as the NAACP cannot sue under key provisions of the landmark civil rights law. Citing the new ruling, he announced plans to appeal.
Welte and the Eighth Circuit denied Howe's request to postpone the November sentencing pending appeal. Late last month, the Eighth Circuit rejected Congress' request to extend the Dec. 22 deadline to Feb. 9.
Shortly after, the Legislature asked Verte for a similar extension, saying it had “made significant progress toward developing a remedial rezoning plan.” At the same time, the tribe asked the judge to deny the extension and give one of two maps presented in federal court by Dec. 31. On Monday, Verte rejected the Legislature's request for more time and granted the tribe's request. New map.
House Republican Leader Mike LeFore said lawmakers have postponed Tuesday's meeting of the Legislature's redistricting committee. The commission began meeting last month to address the November ruling and consider map options, including the tribe's plan. Leading lawmakers will meet with the secretary of state, attorney general and Congressional lawyers, Lefort said.
“We need to get our ducks in a row to understand this ruling and the different things that could be affected here,” he said.
Howe did not respond to calls or text messages.
In 2021, both tribes unsuccessfully proposed a single legislative district encompassing the two reservations, which are approximately 90 miles apart. Their case culminated in a June trial in Fargo. Verte took over a few months later.
North Dakota has 47 congressional districts, each with one senator and two representatives. Republicans control the House 82-12 and the Senate 43-4. At least two members, both House Democrats, are members of the tribe.
Congress created four subdistricts within the statehouse, including one each on Fort Berthold and the Turtle Mountain Indian Reservation.
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Lawmakers involved in the 2021 redistricting process previously noted that 2020 Census numbers met the Voting Rights Act's population requirements to create these subdistricts. Lefort said the process was done correctly.
