Attorney General Bonta Files Brief in Support of Private Enforcement of the Voting Rights Act

OAKLAND — California Attorney General Rob Bonta, as part of a coalition of 19 attorneys general, filed an amicus brief in Turtle Mountain Band of Chippewa Indians v. Howe, in support of a challenge to North Dakota’s 2021 redistricting plan. In the lawsuit, the Turtle Mountain Band of Chippewa Indians, Spirit Lake Tribe, and three individual Native American voters argue that North Dakota’s redistricting plan unlawfully diluted Native American voting strength in violation of Section 2 of the Voting Rights Act and 42 U.S.C. § 1983. Section 2 of the Voting Rights Act prohibits voting practices or procedures that discriminate on the basis of race, among other characteristics, and § 1983 allows individuals to file suit against state actors who violate federal constitutional or statutory rights. A panel of judges on the Eighth Circuit Court of Appeals ruled that private parties cannot sue under Section 2 and § 1983. In their brief, the attorneys general support the tribes’ argument that Section 2 is enforceable through private suits and urge the Eighth Circuit to grant the tribes’ petition for the whole court to reconsider the question.

“The right to vote is the cornerstone of our democracy,” said Attorney General Bonta. “In a time when we can no longer rely on the federal government to enforce the Voting Rights Act, private action is essential to preserve the spirit and intent of one of the most important pieces of civil rights legislation in American history. For 60 years, private parties have challenged discriminatory voting practices under the Voting Rights Act. I urge the court to rehear this case.” 

In the brief, the attorneys general argue that private enforcement of the Voting Rights Act is essential, having served as the primary method of enforcing the Act since its enactment. The attorneys general note that approximately 400 private Voting Rights Act cases have been filed nationwide, compared to only about 40 brought by the U.S. Attorney General. Without a private right of action, voters will lack recourse if the U.S. Attorney General does not address their concerns. Additionally, the attorneys general emphasize that the public’s ability to enforce voting laws has a deterrent effect. Eliminating the private right of action could lessen the likelihood that the Voting Rights Act will be enforced, thereby reducing the incentives for certain state and local officials to comply with the Act’s mandates. 

Attorney General Bonta joins the attorneys general of Minnesota, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Nevada, New Mexico, New Jersey, New York, Oregon, Vermont, Washington, and the District of Columbia in filing the amicus brief. 

A copy of the brief can be found here.