In a remarkable step toward a stronger democracy, North Dakota’s 2021 legislative redistricting plan underwent a four-day trial which concluded with a U.S. federal judge ruling that it violates the Voting Rights Act of 1965 (VRA). The judgement issued deemed that the plan “dilutes” the voting power of Native American voters, significantly affecting their ability to elect candidates of their choice, proving a violation of their democratic rights.
Chief Judge Peter D. Welte of the U.S District Court for the District of North Dakota issued the ruling. He went ahead to permanently enjoin the North Dakota Secretary of State–prohibiting the nomination or election of members in the disputed districts. He further ordains a remedial plan to be concocted for the disputed map no later than December 22.
Several Native American Tribes initiated legal actions following the construction of the new voting map by the North Dakota Legislature in 2021. The heart of the dispute lies in the division of District 9 into two distinct voting sections, Districts 9A and 9B. The split resulted in the creation of a “supermajority” of Native American voters in District 9A, leaving the tribes to contend that their voting power gets diluted in other districts because of this division.
According to Section 2 of the VRA:
No voting qualification or prerequisite to voting or standard, practice, or procedure shall be imposed or applied by any State or political subdivision in a manner which results in a denial or abridgement of the right of any citizen of the United States to vote on account of race or color.
In addition to North Dakota, other states such as Louisiana and Georgia have also had their legislative maps critiqued under the lens of the VRA. Earlier, the U.S. Court of Appeals for the Fifth Circuit set a deadline for Louisiana to draw a new congressional map following a racial gerrymander claim under the VRA. Meanwhile, a judge for the U.S. District Court for the Northern District of Georgia ordered Georgia’s General Assembly to redraw the state’s congressional districts after deeming them a violation of the VRA.
These rulings illustrate the ongoing defining role of the VRA across the United States, ensuring that all citizens, irrespective of race or color, are given an equal opportunity to elect their representatives.