In a recent development, a federal appeals court has denied a request to delay a judge's decision that North Dakota's legislative map violates the Voting Rights Act by diluting the voting strength of two Native American tribes. The denial by the 8th U.S. Circuit Court of Appeals comes just a week before the deadline set by the judge for the state to adopt a new map of legislative districts.

U.S. District Chief Judge Peter Welte ruled last month that the map violated the Voting Rights Act of 1965, preventing Native American voters from having an equal opportunity to elect candidates of their choice. He gave North Dakota Republican Secretary of State Michael Howe and the GOP-controlled Legislature until December 22 to adopt a plan to remedy the violation.

The lawsuit was brought by the Turtle Mountain Band of Chippewa Indians and the Spirit Lake Tribe early last year. They alleged that the 2021 redistricting map packed Turtle Mountain Band of Chippewa Indians members into one house district while cracking Spirit Lake Tribe members out of any majority Native house district.

Following Welte's ruling, Howe announced plans to appeal, citing a recent 8th U.S. Circuit Court of Appeals ruling that restricted private individuals and groups, such as the NAACP, from suing under a major section of the civil rights law. However, Welte rejected Howe's motion to stay his judgment, prompting Howe to ask the 8th Circuit for a stay pending appeal through the 2024 elections. The court, however, denied his request in a brief order.

Plaintiffs' attorney Tim Purdon welcomed the court's decision as good news for the two tribes and the Voting Rights Act. However, Howe's appeal remains pending before the 8th Circuit.

Although the deadline for a new map remains in effect, Republican House Majority Leader Mike Lefor stated that the Legislature won't be able to satisfy the judge's deadline due to the time needed to craft a map. Lefor and Purdon noted that what happens after December 22 with no new map will be up to the judge.

In response to the ruling, the Legislature restarted its redistricting panel to address Welte's ruling. The panel met last Wednesday and plans to meet again soon. The two tribes had sought a joint district and proposed a single legislative district encompassing the two reservations, but the proposal was unsuccessful.

North Dakota currently has 47 legislative districts, each with one senator and two representatives. The Republicans currently control the House of Representatives with an 82-12 majority and the Senate with a 43-4 majority. At least two lawmakers, both House Democrats, are members of tribes. The Legislature had created four subdistricts in the state House, including one each for the Fort Berthold and Turtle Mountain Indian reservations, based on the 2020 census numbers meeting population requirements of the Voting Rights Act.

Overall, the denial of the request to delay the judge's decision sets the stage for further legal battles and discussions regarding the redrawing of North Dakota's legislative map to ensure fair representation for Native American tribes. The outcome of the appeal and the subsequent actions of the Legislature will play a crucial role in determining the future of voting rights in the state.