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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.

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

A 2020 ballot initiative attempting to change the redistricting process was rejected by the state courts, for impermissibly incorporating the text of another statute by reference.  [Haugen v. Jaeger, 948 N.W.2d 1 (N.D. 2020)]

In the 2020 cycle, North Dakota Gov. Burgum signed HB 1504 into law on Nov. 11, 2021, establishing the state’s new legislative districts.

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Seats: (projected)

Institution:

Drawn by:

Plan Status:

Party Control:
  Upper House:
  Lower House:
  Governor:

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The Latest Updates

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North Dakota's Secretary of State has rescinded a petition to recall state Sen.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)]

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

Search all North Dakota Cases >

North Dakota | Federal Trial | State Upper | State Lower
Walen v. Burgum
PENDING - Federal court challenge to state legislative maps as racial gerrymanders (Shaw)
Last Updated Feb 3, 2023
Case Number

No. 1:22-cv-00031 (Dis. N.D.)

Cycle 2020
North Dakota | Federal Trial | State Upper | State Lower
Turtle Mountain Band of Chippewa Indians v. Jaeger
PENDING – Federal court challenge to state legislative maps: alleged dilution of Native American votes under the Voting Rights Act
Last Updated Feb 1, 2023
Case Number

No. 3:22-cv-00022 (D.N.D.)

Cycle 2020
North Dakota | State Supreme | Process
Haugen v. Jaeger
State court struck redistricting initiative from ballot b/c incorporated other statute by reference
Last Updated Aug 25, 2020
Case Number

No. 20200213 (N.D. S. Ct.)

Cycle 2020