Judge: state must provide Voting Rights Act-compliant maps of reservations by Dec. 22

FARGO, N.D. (KFYR) – The state of North Dakota will have to draw up legislative maps this month of two Native American reservations that are compliant with the Voting Rights Act, in another victory for the tribes over the legality of the maps.

The U.S. District Court for North Dakota denied the State’s request Tuesday to stay its order requiring the state to produce the map for the Turtle Mountain Band of Chippewa and Spirit Lake Indian Reservations by Dec. 22.

The back-and-forth comes after the court ruled last month that North Dakota lawmakers violated the Voting Rights Act when they redrew voting districts over both reservations in 2021.

The tribes sued last year, challenging the constitutionality of the districts.

The state has appealed the ruling and had requested a stay while it makes its way through appeals.

The issue could trigger another special session of the North Dakota legislature, depending on whether lawmakers and the Governor have to redesign the maps.

U.S. District Judge Peter Welte provided the following statement in his ruling:

“After a trial, and careful review of all of the evidence and data, the Court concluded the 2021 redistricting plan violated Section 2 of the VRA. Put simply, the facts and the law do not support a stay of the remedial order and judgment pending appeal. The Secretary’s motion to stay pending appeal (Doc. 131) is DENIED. Because the notice of appeal divested this Court of jurisdiction over this case, the Plaintiffs’ motion to amend or correct the remedial order (Doc. 134) and the Legislative Assembly’s motion to intervene (Doc. 137) and motion to stay (Doc. 151) are also DENIED. IT IS SO ORDERED.”

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