Lr101601 Minutes
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NORTH DAKOTA LEGISLATIVE COUNCIL Minutes of the LEGISLATIVE REDISTRICTING COMMITTEE Tuesday and Wednesday, October 16-17, 2001 Harvest Room, State Capitol Bismarck, North Dakota Representative Mike Timm, Chairman, called the with which the committee will begin to further modify a meeting to order at 9:00 a.m. plan. Members present: Representatives Mike Timm, In response to a question from Senator Mathern, Ole Aarsvold, Al Carlson, William R. Devlin, Glen Chairman Timm said the vote is not to approve a Froseth, Pam Gulleson, Lyle Hanson, David Monson; particular plan but to select a plan with which the Senators Bill Bowman, Randel Christmann, Layton committee can make modifications. Freborg, Ray Holmberg, Ed Kringstad, Tim Mathern, It was moved by Senator Tomac, seconded by Steven W. Tomac Representative Gulleson, and failed on a roll call Others present: Bob Stenehjem, State Senator, vote that Senator Tomac’s 45-district plan be Bismarck approved for further consideration by the commit- Wesley R. Belter, State Representative, Leonard tee. Representative Gulleson and Senators Mathern Lois Delmore, State Representative, Grand Forks and Tomac voted “aye.” Representatives Timm, Jay Johnson, Minot Daily News, Minot Aarsvold, Carlson, Devlin, Froseth, Hanson, and Harlan Fuglesten, North Dakota Association of Monson and Senators Bowman, Christmann, Freborg, Rural Electric Cooperatives, Fargo and Mandan Holmberg, and Kringstad voted “nay.” Jon Lindgren, American Civil Liberties Union, It was moved by Representative Carlson, Fargo seconded by Senator Holmberg, and carried on a Tim Flakoll, State Senator, Fargo roll call vote that Representative Devlin’s Tom Disselhorst, Three Affiliated Tribes, Bismarck 47-district plan be approved for further considera- Carol Two Eagle, Grassroots American Indians, tion by the committee. Representatives Timm, Carl- Mandan son, Devlin, Froseth, and Monson and Senators Tex Hall, Mandan, Hidatsa, and Arikara Nation, Bowman, Christmann, Holmberg, and Kringstad voted Fort Berthold “aye.” Representatives Aarsvold, Gulleson, and Glenda Embry, Mandan, Hidatsa, and Arikara Hanson and Senators Freborg, Mathern, and Tomac Nation, New Town voted “nay.” Terry Traynor, North Dakota Association of Coun- Representative Aarsvold said the committee ties, Bismarck should vote on each of the plans because there is a Wayne White Eagle, Three Affiliated Tribes, New possibility that another plan could receive more than Town the nine votes that the 47-district plan received. Phyllis Howard, Three Affiliated Tribes, New Town Chairman Timm said he made it clear before the Dick Dever, State Senator, Bismarck vote that the first plan to receive a majority of the Ralph L. Kilzer, State Senator, Bismarck votes would be the only plan to be further considered. Jeff Delzer, State Representative, Underwood Senator Christmann said although he still believes Herb Wilson, Bismarck that 51 districts would be better for the state, after a It was moved by Senator Holmberg, seconded significant amount of time and consideration he voted by Representative Carlson, and carried on a voice for the 47-district plan as a compromise. vote that the minutes of the October 4, 2001, Representative Devlin reviewed changes that he meeting be approved as distributed. made to the 47-district plan. He said at the request of Chairman Timm said legislative redistricting plans the minority members on the committee, he put for 45, 47, 49, and 51 districts were approved by the District 6 back in the northwestern part of the state, committee at its last meeting so that members of the made District 9 all of Rolette County, and adjusted committee could take the plans home for discussion districts in the eastern portion of the state so that and attempt to come to a conclusion regarding the Traill County would not be split. He said he also elimi- best plan. He said he will ask for a vote on the nated one district from the Bismarck area. number of districts that will be considered by the Senator Tomac said the plan splits Morton and committee, starting with 45. He said the first number Hettinger Counties when the plan could easily be to receive a majority of the votes will be the number adjusted to avoid splitting those counties. He said Legislative Redistricting 2 October 16-17, 2001 District 25 was also changed in a way that should not rural precinct in Mercer County that was in District 33. be necessary. He presented a proposed revision of He said he has written letters to the previous tribal the 47-district plan that he had developed. He said chairman and the individuals who voted in that his plan changes the configuration in the southwest precinct regarding the change and received no portion of the state, which also affected much of the response. He said he thought it was the desire of rest of the state. He said the proposal minimizes the those individuals to be in District 33. However, he number of county lines that are crossed by districts by said, he would not object if they desire to be in increasing the size of the districts in the southwest District 4. corner of the state. He said the proposal also Mr. Hall said the residents of the Fort Berthold attempts to observe trade areas. Reservation would prefer being in District 4, espe- Senator Mathern reviewed revisions he developed cially if a subdistrict were established. for the 47-district plan for Fargo and Cass Counties, a In response to a question from Representative copy of which is on file in the Legislative Council Hanson, Mr. Hall said the Native American population office. is approximately 37 percent of the overall population Chairman Timm opened the meeting for public of District 4. However, he said, if a subdistrict were comment. established, the Native American population in one Mr. Tex Hall, Chairman, Three Affiliated Tribes, subdistrict would be approximately 64 percent. Thus, distributed written testimony, a copy of which is on file he said, the creation of a subdistrict would allow a in the Legislative Council office. Mr. Hall said the Native American candidate to be elected in District 4. Three Affiliated Tribes have taken a keen interest in Mr. Jon Lindgren, President, North Dakota the activities of the Legislative Assembly and have Chapter of the American Civil Liberties Union of the actively participated in political activities in the state. Dakotas, said the ACLU has a national program that He said the tribal government was recognized by the encourages states to establish single-member federal government as a separate nation before districts to allow minorities an opportunity to be a part Dakota Territory existed. He said he is pleased that of the political process. He said the ACLU believes most of the plans considered by this committee have that the federal Voting Rights Act may require the placed the Fort Berthold Reservation almost wholly creation of a single-member House district on the within one district. He said the entire reservation reservations. He said the Legislative Assembly would should be within one district. participate in the marginalization of the minority by not Mr. Hall said he supports the proposal submitted creating a single-member district. He said the reser- by the American Civil Liberties Union (ACLU) at the vations have a quasi-sovereign status and are distinct last meeting of this committee which would establish political communities. single-member House districts for three of the Indian Mr. Lindgren said the March 2001 Attorney reservations in the state. He said a single-member General’s letter opinion that was discussed at the last House district would provide a better opportunity for meeting and the 1991 federal court decision in North more Native Americans to be elected to the Legisla- Dakota are not directly on point with respect to the tive Assembly. He said although almost 6 percent of creation of single-member districts. He said the the state’s population is Native American, only one United States Supreme Court has required states to Native American is serving in the Legislative Assem- create single-member districts in other cases. bly. He said throughout the history of the state, there In response to a question from Representative have been fewer than five Native Americans who Timm, Mr. Lindgren said Native Americans have not have been state legislators. That record, he said, is been represented according to their proportion of the unacceptable. He said the low number of Native state’s population. He said if a minority’s voting Americans who have served as state legislators may strength is diluted substantially, it may be a violation be the result of long-term pervasive discrimination of the Voting Rights Act. against Native Americans in the state. He said the Representative Timm said 10 years ago the Legis- only way to increase the number of legislators who lative Assembly placed the entire Fort Berthold Reser- are Native American is to create single-member vation within one district at the request of the Native House districts, a move that is consistent with the Americans. Therefore, he said, it is unfair to accuse federal Voting Rights Act and the concept of one the Legislative Assembly of violating the voting rights person-one vote. of Native Americans. Senator Christmann said the small section of In response to a question from Senator Bowman, Mercer County that is in the Fort Berthold Reservation Mr. Lindgren said the lack of representation of Native was in District 4 from 1991 until 1995. Because there Americans can be remedied by allowing greater were not enough people in that area to open a polling participation through the implementation of single- place for the 1994 election, he said, the 1995 Legisla- member House districts. tive Assembly adjusted the boundaries of District 4 Senator Bowman said Native Americans are and District 33 to allow the people on the Fort represented and they should work with their represen- Berthold Reservation in Mercer County to vote in a tatives in the same manner that other individuals do.