BISMARCK, N.D. (AP) 鈥� A federal judge on Monday ordered a new joint North Dakota legislative district for two Native American tribes that successfully argued a map created through redistricting in 2021 violated the Voting Rights Act by diluting their voting strength.
U.S. District Court Chief Judge Peter Welte's decision to adopt and implement a new map comes after a flurry of court filings in the lawsuit since his Nov. 17 ruling that the state's Native American voters from having an equal opportunity to elect candidates of their choice.鈥�
The judge had given North Dakota Republican Secretary of State Michael Howe and the GOP-controlled Legislature to remedy the violation.鈥� The deadline passed with no new map as Howe and lawmakers sought a delay of the judge's ruling and more time to respond.
Welte said 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 They 鈥渟imultaneously 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.鈥�
Days after Welte鈥檚 November ruling, Howe announced citing a new 8th U.S. Circuit Court of Appeals ruling that under a critical section of the landmark civil rights law.
Welte and the Howe's the November ruling pending appeal. Late last month, the 8th Circuit denied the Legislature鈥檚 request to extend the Dec. 22 deadline to Feb. 9.
Soon afterward, the Legislature asked Welte for the same extension, saying it 鈥渉as made substantial headway toward the development of a remedial redistricting plan.鈥� At the same time, the tribes asked the judge to deny the extension and to impose one of their two maps presented in federal court, by Dec. 31. On Monday, Welte denied the Legislature's request for more time and granted the tribes' request for a new map.
The Legislature last month restarted its redistricting panel to begin to address Welte鈥檚 ruling and to review options of maps, including the tribes' plans. The committee meets again on Tuesday.
In 2021, the two tribes unsuccessfully proposed a single legislative district encompassing the two reservations, which are roughly 60 miles (97 kilometers) apart.
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.
The Legislature created four subdistricts in the state House, 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. Republican House Majority Leader Mike Lefor maintains the process was done correctly.
Jack Dura, The Associated Press
