Navajo Nation claims victory in redistricting map case

Apr. 1—Native American voting rights advocates are celebrating what they call a victory in a redistricting case that ended with an out-of-court settlement in San Juan County.

Plaintiffs in the case said the rights of Navajo voters to choose county commissioners who best represent their interests were at stake in the lawsuit, which was filed in U.S. District Court in February 2022.

According to the complaint, the San Juan County Commission voted in December 2021 to approve a redistricting map that had "the effect of diluting" Native American votes in the Northwest New Mexico county. Plaintiffs contended Native Americans, who comprise a majority of voters in the county, had enough voting weight to control outcomes in only one of the five commission races.

The map packed more than 83% of the county's Native American voters into District 1 "as a way to dilute Navajo voters," the complaint said, adding no more than one Native American has held a seat on the five-member body at any one time.

The lawsuit asked the court to stop the defendants from implementing any future elections under the 2021 redistricting map and to order the commission to create a new redistricting plan.

Though the county initially denied the allegations of diluting Native American voting power in its March 2023 court response, it came to an out-of-court agreement with the plaintiffs in September.

A joint news release issued at that time by the county and the plaintiffs gave little detail on the agreement but said the two sides "have agreed to a new County Commission district map that the County adopted on September 12, 2023. This new map addresses concerns raised by the Navajo Nation in providing more meaningful opportunity to elect their candidates of choice."

A more recent news release issued March 25 by the plaintiffs' attorneys provided a little more information. It said the county "agreed to settle the lawsuit by enacting a new map negotiated by the plaintiffs, which ensures a more equitable distribution of the Navajo population, with 74% Native American VAP (voting-age population) in District 1 and 70% in District 2."

The initial complaint was filed by the Navajo Nation Department of Justice, the Navajo Nation Human Rights Commission and several Navajo voters.

Legal entities representing the plaintiffs called the settlement a win for Navajos.

"In exercising our sovereign right, we secured justice for Navajo voters in San Juan County," said Ethel Branch, attorney general for the Navajo Nation Department of Justice.

Leonard Gorman, executive director of the Navajo Nation Human Rights Commission, said in an interview Monday the plaintiffs agreed to the new map because it "increased the Native American voting age population in District 2 and unpacked the District 1 Native American voting age population."

As a result, he said, "Native Americans in both Districts 1 and 2 have the ability to elect candidates of their choice."

Devin Neeley, spokesman for San Juan County, declined to comment, referring to the joint news release as a response.

The new commission map created by the settlement remains in effect through the 2030 census count.