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Committee backs study of election and party activity in districts containing reservations after divided testimony

February 21, 2025 | State and Local Government, Senate, Legislative, North Dakota


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Committee backs study of election and party activity in districts containing reservations after divided testimony
The Senate State and Local Government Committee voted to send SCR 4014 to legislative management for study after several hours of testimony about redistricting and representation in districts that include tribal lands.

Sponsor Senator Chuck Wallen (District 4) said the study would examine how recent redistricting treated subdistricts such as 4A/4B and 9A/9B, whether the Gingles test was applied correctly, and whether the subdivision of districts created unequal representation. "That test was not applied," Wallen said, describing the legal arguments that prompted recent litigation.

Witnesses for the study included Andrew Alexis Varvel, who urged exploring constitutional and procedural fixes; Todd Hall, a landowner on the Fort Berthold Reservation, who asked the committee to use the term "reservation land" rather than "tribal land" in the resolution; and officials representing tribal governments. Several tribal leaders and Native representatives, including MHA Nation representatives and Mark Fox (chairman of the MHA Nation Business Council), opposed the resolution. Fox said the courts have already addressed redistricting challenges and that the proposal risks "reopening and undermining" progress that ensured Native voters could elect candidates of choice.

Representative Colette Brown (District 9) submitted written testimony opposing the study, arguing it would revisit court-ordered corrections that preserved equitable maps for Native communities. "The proposed study under SCR 4014 seeks to reopen and undermine this progress," she wrote.

Committee members debated the resolution. Chair Roars and others said the study could provide additional clarity about how to handle subdistricting in future redistricting cycles; opponents warned of the optics and potential for division. After discussion, the committee adopted a do-pass recommendation for SCR 4014; the committee recorded one no vote (Senator Brownberger) and the remainder in favor.

Ending: The resolution will go to legislative management for possible study; the motion carried with one recorded no vote. Committee members said the study, if selected, would review legal standards (Gingles test), compare how subdistricting has been applied, and recommend whether uniform rules for subdivision should be required in future redistricting.

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