BISMARCK, N.D. – A specific section of the Voting Rights Act has long been viewed as a key legal tool for people to challenge election rules they deem discriminatory. But this part of the law is on shakier ground following efforts to undermine it through the courts. Voting rights advocates now worry it will be out of reach for voters in states like North Dakota.
Legal groups are weighing an appeal after a court ruling that left voters in several states, including North Dakota, at a disadvantage in making use of the Voting Rights Act. At issue is their ability to sue based on racial discrimination.
A three-judge panel with the 8th Circuit Court of Appeals struck down a pathway – under Section Two of the landmark law – for voters to bring lawsuits if they feel local and state election policies have violated their civil rights. Mark Gaber of the Campaign Legal Center says he’s shocked by the latest outcome.
“The Eighth Circuit Court of Appeals has done what no court in the country has ever done, and there’s been 400-plus Voting Rights Act cases filed for decades.”
The decision affirms a ruling from the full 8th Circuit, which said language in this section of the law doesn’t specifically mention private individuals. One judge filed a dissenting opinion. The 8th Circuit covers seven states, and civil rights groups say if this outcome stands, voters in those states would have to lobby the Justice Department to bring a case forward.
Gaber says the problem with asking the Justice Department is, the agency isn’t equipped to move quickly on these kinds of requests.
“They simply don’t have the resources and frankly, the individual voters who are familiar with what is happening in their localities and on the ground are frankly, in many cases, better suited to bring these cases.”
This Justice Department is also part of budget-cutting moves by the Trump administration.
Meanwhile, the Native American Rights Fund says the ruling sets a dangerous precedent for minority voters across all these states who don’t want to be silenced.
