Appeals Court Rules Against North Dakota Tribes on Voting Rights
BISMARCK, N.D. (ND MONITOR) — A federal appeals court has ruled that the Turtle Mountain Band of Chippewa and Spirit Lake Nation lack standing to challenge North Dakota’s voting discrimination under the Voting Rights Act. The 8th Circuit Court of Appeals overturned a 2023 lower court decision that accused the state’s 2021 redistricting plan of diluting tribal voting power.
In a split 2-1 decision, the appellate court reinforced its previous 2023 ruling, limiting private citizens’ ability to sue regarding racial discrimination in voting, now allowing only the U.S. Attorney General to file such claims. Mark Gaber from the Campaign Legal Center criticized the ruling as a "stunningly antidemocratic move," which undermines the Voting Rights Act’s intent.
The case originated from a lawsuit filed by the tribes and Native voters over the 2021 redistricting plan, which they argued weakened their voting strength. The court’s decision effectively reinstates the original map for the upcoming 2026 election.
Legal representatives suggest that this ruling denies voters the right to contest gerrymandering that disenfranchises them. Secretary of State Michael Howe confirmed the Office will proceed with the 2021 map, pending further legal actions from the plaintiffs.
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