The Turtle Mountain Band of Chippewa, Spirit Lake Nation and three tribal citizens have asked the full 8th Circuit Court of Appeals to rehear a case that found they lack standing to sue North Dakota over alleged voting discrimination. A three-judge panel ruled earlier this month that private individuals cannot bring cases under Section 2 of the Voting Rights Act, which bans race-based voting discrimination. The panel sent the case back to U.S. District Judge Peter Welte with instructions to dismiss it. The tribes argue in their brief that the ruling denies citizens in the 8th Circuit the right to enforce Section 2 protections, unlike other circuits where private suits are allowed. The 2021 state redistricting plan challenged by the tribes was previously ruled discriminatory by Welte, according to North Dakota Monitor. The North Dakota Secretary of State’s Office says that if the 2021 map is reinstated, three state lawmakers would relocate to different districts.
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