CLC Vice President Urges New York Governor to Sign State Voting Rights Act into Law

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WASHINGTON D.C. — Paul Smith, senior vice president of Campaign Legal Center (CLC), issued the following statement after the New York State Assembly passed the John R. Lewis Voting Rights Advancement Act of New York. The bill now heads to the governor’s desk for her signature.

“The right to vote is one of our most basic freedoms. Passing the John R. Lewis Voting Rights Advancement Act of New York can pave the way for other states to step up and protect the freedom to vote for their citizens. Our democracy works best when every voter can participate without barriers, so they have a say in key decisions that impact their future.” 

Issues
Voting and Elections
Redistricting

Walen v. Burgum

At a Glance

The Mandan, Hidatsa and Arikara Nation and individual Native voters are seeking to defend the North Dakota State House subdistrict that encompasses the Tribe’s Reservation. The district protects tribal citizens’ right to fair representation and was required by the Voting Rights Act.

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Active
Updated
Issues
Redistricting
About This Case/Action

The Mandan, Hidatsa and Arikara Nation (MHA Nation) and individual voters, who are citizens of the MHA Nation, intervened as defendants in a federal court case brought by non-Native voters to challenge the 2021 North Dakota State House Map. The map includes a state house subdistrict that follows the political boundaries of the Fort Berthold Reservation, where the MHA Nation is located. The lawsuit alleges that the subdistrict is an illegal racial gerrymander. However, as the MHA Nation and tribal citizens have argued, race was not the predominate motivating factor when the Legislature drew the subdistrict. Additionally, any use of race in drawing the district is justified because the subdistrict was required in order to comply with Section 2 of the Voting Rights Act.

In North Dakota, each legislative district is represented by a single state senator and two representatives in the State House. The state’s constitution permits state house representatives to be elected either at large within the senate district or from two single-member subdistricts that each represent half of the legislative district’s population. The 2021 North Dakota State House map includes two legislative districts that are broken into State House subdistricts: District 4 and District 9. Walen Plaintiffs challenge the creation of both subdistricts as unconstitutional racial gerrymanders, in violation of the Fourteenth Amendment of the United States Constitution. The MHA Nation and individual tribal citizens are only defending Subdistrict 4A.

Before the North Dakota Legislature drew Subdistrict 4A as a part of the 2021 State House Map, the Fort Berthold Reservation was located in a legislative district that was represented by two state house representatives, elected at large from the district, and one state senator. In previous election cycles, MHA citizens ran for the at large seats. However, the Native candidates never won because Native voters made up a minority of the at large district and non-Native voters in the area vote reliably as a bloc against the Native candidate of choice.

Leaders from the MHA Nation and Native organizers worked hard to ensure MHA citizens would have a voice in North Dakota’s redistricting process. Even though the North Dakota Redistricting Committee refused to hold hearings on tribal lands in the state, representatives of the MHA Nation and tribal citizens travelled to hearings and gave testimony urging the committee to recognize to the Reservation as a community of interest and draw a subdistrict containing the Nation. Subdistrict 4A adheres the political boundaries of the MHA Nation and recognizes the MHA people as a community of interest. It has a majority Native population and will give citizens of the MHA Nation who live on the Fort Berthold Reservation the opportunity to elect a candidate of choice to the North Dakota State House.

Campaign Legal Center (CLC), Native American Rights Fund (NARF) and the Law Offices of Bryan Sells represent the Tribal Defendants in this case.

For more information on Native Nations’ legal challenges to North Dakota’s 2021 State Legislative Map, visit the Turtle Mountain and Spirit Lake Nation case page.

A Conversation with John Raidt About "Politics, Inc."

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On May 19, Campaign Legal Center (CLC) hosted the event, “Revitalizing Democracy in 2022: a Conversation with Author John Raidt” about Raidt’s new book, “Politics, Inc.: America’s Troubled Democracy and How to Fix It.”

During the event, Raidt discussed how our democracy came to be so politically divided, the factors that continue to exacerbate the problem, and what we can all do to help create a stronger democratic structure to make our government work better for the American people.

Kansas Supreme Court Rules Against Voters, Fair Maps

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Kansas City, KS — Today, in a decision that will have ramifications for Kansas' voters for a decade, Kansas' Supreme Court reversed the district court's ruling. The lower court had found that the state’s recently enacted congressional map constituted a partisan gerrymander and intentionally diluted the voting power of racial minorities, violating the Kansas Constitution.

“The Kansas Supreme Court’s reversal of the lower court’s decision is a slap in the face to voters and runs afoul of the democratic values spelled out in Kansas’ own constitution. The Kansas Legislature crafted gerrymandered maps that purposefully divide Kansans based on race and political views to serve a political interest instead of the community’s needs," said Paul Smith, senior vice president of Campaign Legal Center. "Campaign Legal Center will keep fighting for fair maps, because voters deserve to choose their politicians instead of the other way around.”

“We’re obviously very disappointed for our clients,” said Sharon Brett, legal director for the ACLU of Kansas. “This will have ripple effects for elections for years to come, and tells entire categories of voters in the state that their rights under our state constitution are meaningless."

Alonzo, et al. v. Schwab, which was filed on behalf of 11 Kansas voters, alleged that Kansas’ 2022 congressional redistricting plan intentionally dilutes the voting power of racial minorities and constitutes a partisan gerrymander, violating the Kansas Constitution.

In April, a Kansas district court blocked the gerrymandered maps from taking effect and called for the Kansas Legislature to return to the drawing board to produce fair maps that ensure every voter has an equal voice ahead of the 2022 election. 

At Campaign Legal Center, we are advancing democracy through law. Learn more about our work.

Issues
Redistricting
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