On the Ground Report: Federal Impacts in North Dakota

By: Prairie Action North Dakota Institute

August 20, 2025

Why It Matters

This August marks 60 years since the Voting Rights Act became law - a historic victory that prohibits racial discrimination in voting and strengthened the ability of Tribal Nations and other marginalized communities to challenge discriminatory voting rules and elect leaders who represent their interests.

But now, those voting rights are at a crossroads in North Dakota.

Soon, federal appeals and Supreme Court decisions will determine whether Native tribes, such as the Turtle Mountain Band of Chippewa Indians and the Spirit Lake Nation, can continue to challenge discriminatory voting laws in court.

The Legal Challenge

• In 2021, ND’s new legislative map split Native voters across districts, weakening their voice.

• Tribes sued under the Voting Rights Act’s Section 2 — and won in federal court. North Dakota U.S. District Court Judge Peter Welte ruled the map was discriminatory and ordered the state to adopt different district lines.

• The state appealed, and the 8th Circuit Court ruled private citizens cannot sue under Section 2 — a position no other federal circuit takes.

If that ruling stands, only the U.S. Attorney General could bring voting rights cases in ND, SD, MN, IA, MO, NE, and AR.

The Supreme Court Steps In

On July 24, 2025, the U.S. Supreme Court blocked the 8th Circuit’s ruling, for now.

Private lawsuits under Section 2 remain possible while the case moves forward.

A final Supreme Court decision in 2026 could either restore these protections nationwide, or end them in seven states, including North Dakota.

What’s at Stake for ND

Without the Voting Rights Act’s full protection:

• Tribes and individual voters could lose their main legal path to challenge unfair maps.

• The 2021 map, found to weaken Native representation, could return.

• Future barriers to voting could go unchallenged unless the DOJ steps in.

The Path Ahead

This fight isn’t over. The Supreme Court will likely hear the case in 2026.

Until then:

• ND’s fairer, court-ordered map stays in place.

• Private enforcement of Section 2 is still allowed.

• Communities must stay informed and engaged — because representation is on the line.

For more info and ways to get involved:

Follow North Dakota Native Vote on Facebook and Instagram and visit their website at ndnativevote.org

Sources:

Bismarck Tribune (Letter to the Editor, Aug. 2025)

North Dakota Monitor, May–July 2025

Jamie Davis

Politco

Washington Post