On November 17, 2023, US District Court of North Dakota Chief Judge Peter D. Welty, a Trump appointee, ruled that North Dakota State Senate Districts 9 and 15, and the two ND House Districts within each, were in violation of Section 2 of the Voting Rights Act in an action brought against the State of North Dakota by two Native American tribes and three individuals.
Based on the Gingles case from the US Supreme Court, Judge Welte ruled that the plaintiffs met all three necessary conditions:
#1: The minority group . . . is sufficiently large and geographically compact to constitute a majority in a single-member district; and,
#2: The minority group . . . is politically cohesive; and,
#3: The white majority votes sufficiently as a bloc to enable it—in the absence of special circumstances . . . usually to defeat the minority’s preferred candidate.
The legislature and the ND Secretary of State have until December 22, 2023 to come up with a plan to remedy the situation, and the new districts will be used for the November 2024 elections.
His opinion has detailed analyses as to how he arrived at his opinion.
Here is Judge Welte’s decision.