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A federal decide on Monday ordered a new joint North Dakota legislative district for two Native American tribes that efficiently argued a map created by redistricting in 2021 violated the Voting Rights Act by diluting their voting power.
U.S. District Court Chief Judge Peter Welte’s choice to undertake and implement a new map comes after a flurry of court docket filings in the lawsuit since his Nov. 17 ruling that the state’s 2021 redistricting map “prevents Native American voters from having an equal opportunity to elect candidates of their choice.”
The decide had given North Dakota Republican Secretary of State Michael Howe and the GOP-controlled Legislature till Dec. 22 “to adopt a plan to remedy the violation.” The deadline handed with no new map as Howe and lawmakers sought a delay of the decide’s ruling and extra time to reply.
NORTH DAKOTA’S TOP ELECTION OFFICIAL APPEALS RULING PROTECTING NATIVE AMERICAN VOTING RIGHTS
Welte mentioned the new map “requires changes to 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 introduced the lawsuit in early 2022. They 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.”
In an emailed assertion, plaintiffs’ legal professional Tim Purdon mentioned the tribes welcome the ruling for the 2024 elections.
“The map that will be used in 2024 is the same Voting Rights Act-compliant map the Tribes originally recommended to the Redistricting Committee and the full Legislature during the 2021 redistricting process,” he mentioned. “The time has come for the Legislature and the Secretary of State to stop spending taxpayer dollars litigating against fair maps in North Dakota.”
It wasn’t instantly clear which lawmakers are affected by the new boundaries, similar to who may need to run in opposition to a colleague to maintain his or her seat in the Legislature. North Dakota’s meeting solely meets in odd-numbered years and isn’t in session.
North Dakota lawmakers pore over legislative maps proposed by two Native tribes on the state Capitol in Bismarck, North Dakota, Dec. 5, 2023. (AP Photo/Jack Dura, File)
Days after Welte’s November ruling, Howe introduced his plans to attraction, citing a new eighth U.S. Circuit Court of Appeals ruling that personal people and teams such because the NAACP can’t sue below a important part of the landmark civil rights regulation.
Welte and the eighth Circuit denied Howe’s requests to delay the November ruling pending attraction. Late final month, the eighth Circuit denied the Legislature’s request to increase the Dec. 22 deadline to Feb. 9.,
Soon afterward, the Legislature requested Welte for the identical extension, saying it “has made substantial headway toward the development of a remedial redistricting plan.” At the identical time, the tribes requested the decide to disclaim the extension and to impose certainly one of their two maps offered in federal court docket, by Dec. 31. On Monday, Welte denied the Legislature’s request for extra time and granted the tribes’ request for a new map.
Republican House Majority Leader Mike Lefor mentioned lawmakers have postponed the Tuesday assembly of the Legislature’s Redistricting Committee. The panel started assembly final month to deal with the November ruling and to evaluate choices of maps, together with the tribes’ plans. Top lawmakers additionally plan to fulfill with the secretary of state, legal professional basic and the Legislature’s attorneys, Lefor mentioned.
“We’ve got to get our ducks in a row to kinda comprehend the ruling and the different things that could come into play here,” he mentioned.
Howe didn’t reply to a cellphone message or a textual content message.
In 2021, the 2 tribes unsuccessfully proposed a single legislative district encompassing the 2 reservations, that are roughly 60 miles aside. Their lawsuit culminated in a trial in June in Fargo; Welte dominated months afterward.
North Dakota has 47 legislative districts, every with one senator and two representatives. Republicans management the House of Representatives 82-12 and the Senate 43-4. At least two lawmakers, each House Democrats, are members of tribes.
The Legislature created 4 subdistricts in the state House, together with one every for the Fort Berthold and Turtle Mountain Indian reservations.
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Lawmakers who had been concerned in the 2021 redistricting course of have beforehand cited 2020 census numbers assembly inhabitants necessities of the Voting Rights Act for creating these subdistricts. Lefor has mentioned the method was accomplished accurately.
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