11/28/2023
In response to the 2021 North Dakota Legislative assembly approval of the redistricting map, two lawsuits were drawn against the State of North Dakota acknowledging the use of racial consideration, or gerrymandering, in the new geographic areas for legislative representation and voting. The first lawsuit drawn against the state was brought forth by the Chairmen of District 4 and District 9. These two districts have been sub-sectioned into parts "A" and parts "B" allowing for the tribal (parts "A" of these districts) communities to elect their preferred person of representation to be considered as endorsed candidates in local endorsing campaigns. The lawsuit acknowledges this as unconstitutional on the basis that District 4, and 9 residents didn't have equal representation under the new redistricting as residents in these two districts could only vote for 1 representative for the ND House, while every other district can vote for and is represented by 2 House members and calls for the subdivisions to be abolished. This lawsuit was thrown out earlier in November.
The second lawsuit was brought forth by The Turtle Mountain Band of Chippewa Indians, the Spirit Lake Tribe and three tribal members, citing section 2 of the Voters Rights Act (VRA) of 1965. This section pertains direct consideration of race in the redistricting process, and how this process can be used to inhibit or dampen equal voting representation based on consideration of race, or as this action has been termed, gerrymandering. The lawsuit highlights that the redistricting map directly cuts tribal lands in half diluting the conglomerate voice of the Native Americans presiding therein. This lawsuit was seen before Judge Peter Welte on November 17th, 2023, who determined that the claims made were valid and required the North Dakota Legislative body to hold a special assembly to re-draw the district map boundaries to comply with the VRA by December 22, 2023.
On November 20th, 2023, the 8th Cricut Court of Appeals ruled on a similar issue in Arkansas brought forth citing section 2 of the VRA, stating that section 2 is not enforceable by private citizens or nonprofit entities and must be utilized by the US Attorney General and the Department of Justice. Following this ruling, Secretary of State Michael Howe, ND, is due to file an appeal to Judge Peter Welte's decision regarding the Native American lawsuit pertaining to North Dakota. This appeal is likely to go to the Supreme Court for ruling. If the 8th Cricut Court ruling is upheld, the Native American's case would be ruled out, and any follow up regarding geographical conflicts pertaining to redistricting (which occurs every 10 years with the new census results) citing section 2 of the VRA would need to be brought forth by the DOJ. It is also noted that there are currently an estimated 30 federal lawsuits nationwide that directly cite section 2 of the VRA.
