Person

Eleven American Indian plaintiffs appeal the district court’s judgment in favor of the defendants, the Governor and Secretary of State of Montana. The plaintiffs contend that the 1992 redistricting plan for Montana’s State House of Representatives and Senate dilutes the voting strength of American Indians in violation of § 2 of the Voting Rights Act of 1965, 42 U.S.C. § 1973 . Plaintiffs further urge that Montana’s Districting and Apportionment Commission adopted the 1992 redistricting plan with a discriminatory purpose, an action that would also violate § 2 of the Voting Rights Act.

Following a bench trial, the district court rejected both of plaintiffs’ claims. We agree with the district court that there was Insufficient evidence of discriminatory purpose on the part of Commission members in adopting the plan, and affirm the court’s ruling on that claim. We conclude, however, that the district court’s finding that the 1992 redistricting plan did not dilute the voting strength of American Indians was based upon two errors that require its reversal. First, the district court erred in relying in part on the electoral success of Indian candidates in majority-Indian House Districts…