Source: grandforksherald.com - A federal judge has ruled that Benson County must open two polling sites on the Spirit Lake reservation for the Nov. 2 election.

Judge Ralph Erickson ordered that polling sites in Fort Totten and Warwick will be open to voters. The ruling states that the county does not have

to open a polling place in the community of Oberon, N.D., which is not
located on the reservation, but serves a portion of the reservation
population.

The Benson County Commission decided late last year to transition to a vote-by-mail system, which the North Dakota Legislature approved statewide in 2007. The law states that at least one polling
place must remain open on Election Day.

The county decided to close seven of eight polling places in the county, including all three on the reservation, for both the June primary election and the Nov. 2
general election this year.

The only one polling site was established in Minnewaukan, N.D., to save money, commissioners said.

The tribe took the case to court, arguing that the decision continues a “history of official racial discrimination in voting.”

The judge said there is no evidence of intentional discrimination. However, he added that the county “must accommodate the voting concerns of the
tribe” because time does not allow for a trial to be held before the
election to consider how American Indian voters would be affected by
having no polling sites on the reservation.

“The focus of the Tribe’s claim is whether the closure of the voting places will have a disparate impact on Native Americans residing on the Spirit Lake
Reservation, in violation of the Voting Rights Act of 1965,” Erickson
wrote.

In Erickson’s summary, he said plaintiffs had met their burden of proof in establishing that:

- “They have a likelihood of success on the merits;

- “They will suffer irreparable harm if the preliminary injunction is not granted;

- “The balance of harm weighs in their favor; and

- “Public interest in granting the preliminary injunction weighs in their favor.”

Sen. Byron Dorgan applauded the ruling. Dorgan had requested before the court case that Benson County reverse its decision. He also asked the
U.S. Department of Justice to investigate the matter.

“I felt that the previous decision by the Benson County Commission to close long-established polling sites on the Spirit Lake Reservation would
disenfranchise many of our state’s Native American voters,” Dorgan said
today. “Unfortunately, this issue is not exclusive to just Benson
County. There will be 33 percent fewer polling sites this Election Day
in North Dakota compared to Election Day in 2006.

“It’s my view that no one in our state should be making it harder for people to vote,” Dorgan added. “I support voting by mail, but it should not be a reason
to shut down polling locations on Election Day. I urge state leaders to
address this during next year’s legislative session.”

Reach Bonham at (701) 780-1110; (800) 477-6572, ext. 110; or send e-mail to kbonham@gfherald.com.