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Prof. Justin Levitt's Doug Spencer's Guide to Drawing the Electoral Lines

State Summary

North Dakota has only one congressional district.  State lines are drawn by the legislature, as normal legislation.  One 2020 ballot initiative attempting to change that redistricting process foundered when COVID-19 restricted the ability to gather signatures; another was rejected on technical grounds by the state courts.

In the 2020 cycle, North Dakota’s legislature enacted state legislative districts (HB 1504)  on Nov. 11, 2021.  The plans have been challenged in court, with claims under the Voting Rights Act and claims that the lines impermissibly rely predominantly on race; litigation is ongoing.

In the 2010 cycle, North Dakota’s legislature enacted state legislative districts (HB 1473) on Nov. 9, 2011.

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Seats: (projected)

Institution:

Drawn by:

Plan Status:

Party Control:
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The Latest Updates

Jan 8, 2024
Court ordered the state to adopt new legislative districts submitted by plaintiffs after holding in Nov. 2023 that the state's maps diluted the right of Native American voters in violation of the VRA.
Nov 17, 2023
Federal trial court held that state legislative districts violate section 2 of the Voting Rights Act by depriving Native American voters an equal opportunity to elect candidates of their choice.
Feb 16, 2022
Two Republican district chairs filed a lawsuit in federal court alleging that the new legislative districts are racial gerrymanders in violation of Shaw v. Reno.
Feb 7, 2022
The Turtle Mountain Band of Chippewa Indians filed a federal lawsuit to block North Dakota's state legislative redistricting plans on vote dilution grounds.
Nov 18, 2021
North Dakota's Secretary of State has rescinded a petition to recall state Sen. Kiefert because the state's new legislative districts will require Kiefert to run for re-election in 2022.
Nov 12, 2021
North Dakota Governor Doug Burgum signed the state legislative redistricting bill advanced by the legislature.
Nov 10, 2021
The North Dakota Legislature approved a new state legislative redistricting map.
Oct 29, 2021
Governor Doug Burgum ordered a special session to discuss redistricting plans. The session will take place on November 8, 2021, and marks the 16th time in North Dakota history that lawmakers have returned to Bismarck under a special session
Sep 29, 2021
The North Dakota Legislative Redistricting Committee approved a final state legislative redistricting plan. The legislature will consider the plan during a special session on November 8, 2021.
Sep 23, 2021
The North Dakota Legislative Redistricting Committee unanimously approved a preliminary state legislative redistricting plan. The committee will reconvene on Sept. 28-29, 2021 to finalize the maps.
Sep 23, 2021
A preliminary draft of North Dakota's new legislative map has been unanimously approved by the state's redistricting committee.
Apr 22, 2021
The North Dakota Governor signed HB 1397, which creates a legislative management redistricting committee and provides for implementation of a redistricting plan.

Institution

North Dakota has only one congressional district.

North Dakota state legislative lines are drawn by the state legislature, as a regular statute, subject to gubernatorial veto.

Timing

The legislature’s constitutional deadline for producing plans is the end of the first regular session after the census;  that session began on Jan. 5, 2021, and is currently scheduled to end on Apr. 28, 2021.  [N.D. Const. art. IV, § 2]  The legislature called a special session with a Nov. 30, 2021 deadline for new redistricting plans. [H.B. 1397] In the 2011 session, the legislature also passed plans in a special legislative session, after the original statutory deadline.  Candidates must file for state legislative primary elections by Apr. 11, 2022. [N.D. Code §§ 16.1-11-01, -06]

North Dakota does not appear to prohibit redrawing these lines at any point mid-decade, before the next Census. [N.D. Const. art. IV, § 2]

Public input

The legislature has not yet announced any specific plans or guidelines for public input.

Criteria

Like all states, North Dakota must comply with constitutional equal population requirements; by statute, the legislature has also required that state legislative districts be populated as nearly equally “as is practicable,” with deviations “kept at a minimum.” These latter statutory requirements may be altered by the legislature.  [N.D. Const. art. IV, § 2N.D. Code § 54-03-01.5(5)]

North Dakota must also, like all states, abide by the Voting Rights Act and constitutional rules on race.

The North Dakota constitution further requires that districts be contiguous and compact. State legislative districts are, by definition, nested; one Senator and two Representatives are elected from each district.  [N.D. Const. art. IV, § 2N.D. Code § 54-03-01.5(5)]

2020 cycle

North Dakota’s legislature enacted state legislative districts (HB 1504) on Nov. 11, 2021.

Before Census data were delivered, advocates attempted to change the redistricting process through a ballot initiative.  Proponents first unsuccessfully attempted to challenge the requirement to gather signatures in-person in light of the COVID-19 pandemic; a few months later, the state supreme court struck a measure from the ballot due to improper incorporation of another statute’s text. [Sinner v. Jaeger, 467 F.Supp.3d 774 (D.N.D. 2020); Haugen v. Jaeger, 948 N.W.2d 1 (N.D. 2020)]

Once the districts were drawn, they were challenged in federal court.  One case alleges that the maps dilute the voting strength of Native American voters in violation of the Voting Rights Act; another claims that race predominated without sufficient justification. The litigation is ongoing.

2010 cycle

North Dakota’s legislature enacted state legislative districts (HB 1473) on Nov. 9, 2011.

It appears that the plan was not challenged in court.

2000 cycle

North Dakota’s legislature enacted state legislative districts (SB 2456) on Nov. 30, 2001.

It appears that the plan was not challenged in court, though the ability of the legislature to truncate a sitting state Senator’s term due to redistricting was challenged in state court; the challenge was denied. [Kelsh v. Jaeger, 641 N.W.2d 100 (N.D. 2002)]

Redistricting Cases in North Dakota

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North Dakota | State Upper | State Lower
Turtle Mtn. Band of Chippewa Indians v. Jaeger (also In re N.D. Leg. Assembly)
PENDING - Federal court found state legislative maps violated the VRA, on appeal
Last Updated Jun 12, 2024
Case No. 3:22-cv-00022 (D.N.D.), Nos. 23-1597, 23-1600, 23-3655, 23-3697, 24-1171 (8th Cir.)
Cycle 2020
North Dakota | State Upper | State Lower
Walen v. Burgum
PENDING - Federal court challenge to state legislative maps: unjustified predominant use of race
Last Updated May 20, 2024
Case No. 1:22-cv-00031 (D.N.D.), No. 23-969 (S. Ct.)
Cycle 2020
North Dakota | Process
Haugen v. Jaeger
State court struck redistricting initiative from ballot b/c incorporated other statute by reference
Last Updated Aug 25, 2020
Case No. 20200213 (N.D. S. Ct.)
Cycle 2020