BISMARCK, N.D. (AP) - Republican Gov. Doug Burgum signed a bill Monday that reworks North Dakota’s voter identification laws though a lawyer representing a group of American Indians in federal court say requirements still don’t comply with a federal judge’s ruling last year.
“It’s just a reconfigured voter-suppression law,” said Tom Dickson, an attorney representing seven members of the Turtle Mountain Band of Chippewa. “I don’t think it will pass constitutional muster again.”
The north-central North Dakota tribal members last year sued the state’s chief elections officer, alleging the state’s voter identification requirements are unconstitutional and “disproportionately burden and disenfranchise Native Americans.”
The lawsuit, which is pending in federal court, spurred the Legislature to attempt to fix the laws. Lawmakers this month passed legislation that allows those who don’t have proper ID to cast a ballot that is set aside until the voter’s eligibility is confirmed.
Before 2013, a voter could sign an affidavit attesting to his or her eligibility to vote in the precinct but the GOP-controlled Legislature removed that provision.
Burgum, in a statement, said the legislation he signed Monday “strengthens the integrity” and offers “citizens multiple and straightforward opportunities to legally cast their ballot.”
U.S. District Judge Daniel Hovland last year blocked the state’s voter ID law, and just weeks before last November’s general election, essentially reinstated the affidavit provision to allow voters who don’t have a state-required ID to cast a ballot by signing an affidavit swearing they are a qualified voter.
Hovland ruled that the state’s “ill-advised” repeal of “fail-safe” provisions in 2013 resulted in an undue burden on Native Americans trying to vote. He wrote the state could easily fix the problem by letting voters file affidavits or declarations if they don’t have a valid ID.
North Dakota doesn’t have voter registration, but the state has required voters to provide ID since 2004. The state accepts a driver’s license as identification or ID cards issued by the state, long-term care facilities or North Dakota’s American Indian tribes. All must have a valid address.
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