8th Circuit decides N.D. case Friday, January 14, 2022

The United States Court of Appeals for the Eighth Circuit has issued an opinion in a North Dakota tribal voting case. The court explained that plaintiff challenged a provision of the tribal constitution requiring nonresidents to return to the reservation to vote in tribal elections; the court held that the district court did not err in dismissing the action for lack of subject-matter jurisdiction; this court has previously held that the Voting Rights Act does not apply to Indian tribes because they are not states or political subdivisions subject to the Act; the district court did not err in finding that the Indian Civil Rights Act does not contained a private right of action to seek injunctive or declaratory relief in federal court; as plaintiff did not allege he intended to run for public office he lacked standing to challenge the Tribe's eligibility requirement for holding public office.

Read the court's opinion at: https://ecf.ca8.uscourts.gov/opndir/22/01/203424P.pdf