8th Circuit Court of Appeals denies appeal from ND secretary of state Friday concerning redistricting of 2 Native American reservations

Grand Forks, N.D. (KNOX) – The 8th U.S. Circuit Court of Appeals has denied a request from North Dakota’s secretary of state to delay a federal judge’s ruling that found the state’s 2021 redistricting map violated the Voting Rights Act in diluting the voting strength of two Native American tribes.

The court’s denial came Friday, one week before the Dec. 22 deadline set by the federal judge for the state to adopt a new map of legislative districts.

The Turtle Mountain Band of Chippewa Indians and the Spirit Lake Nation filed the lawsuit early last year.

After a trial in June in Fargo, U.S. District Chief Judge Peter Welte ruled in the tribes’ favor in November.

Secretary of State Michael Howe is appealing the decision.

The plaintiffs’ attorney Tim Purdon  welcomed Friday’s decision as a “swift denial” and “good news” for the two tribes and the Voting Rights Act.

ND Republican House Majority Leader Mike Lefor said the Legislature won’t be able to satisfy the judge’s Dec. 22 deadline for a new map, given the time that would be needed.

Lefor said: “If we did everything today … no, there’s no way.”

What happens if the deadline passes without a new map is up to the judge, Lefor and Purdon said. The Legislature is not part of the lawsuit, which was filed against the secretary of state.

North Dakota Attorney General Drew Wrigley said the days ahead will be eventful and consequential as to “what the Legislature decides is their best option, whether it’s just to allow the lines to be imposed by the court, or does the Legislature choose to call themselves in and adopt different lines.” Close quote

An attorney for the plaintiffs, Mark Gaber, said crafting a new map wouldn’t be as complicated as starting from scratch because three or four districts at most would be affected. 

Adding, North Dakota received 35 days from the judge to redraw its map; courts usually give legislatures two weeks. 

After the deadline, the tribes would probably ask the judge to implement one of their proposed maps, he said.

Story by Pat Sweeney / KNOX