Prohibition on voter dilution. [Editor's note: For the applicability of this section on or after January 1, 2026, see the editor's note following the article 47 heading.]

1-47-106. Prohibition on voter dilution. [Editor's note: For the applicability of this section on or after January 1, 2026, see the editor's note following the article 47 heading.] (1) A political subdivision shall not enact or employ any method of election that has the effect of, or is motivated in part by the intention of, disparately impairing the equal opportunity or ability of members of a protected class to elect the candidates of their choice or otherwise influence the outcome of elections as a result of diluting the vote of members of that protected class. (2) A violation of this section occurs when: (a) (I) Elections in the political subdivision exhibit polarized voting that disparately impairs the equal opportunity or ability of members of a protected class to nominate or elect the candidates of their choice; or (II) Based on the totality of the circumstances, the equal opportunity or ability of members of a protected class to nominate or elect the candidates of their choice is disparately impaired; and (b) One or more new methods of election or changes to the existing election method exist that would likely mitigate the disparate impairment described in subsection (2)(a)(I) or (2)(a)(II) of this section. Source: L. 2025: Entire article added, (SB 25-001), ch. 178, p. 750, � 11, effective August 6.