Third Supplement to the Complaint and Amendment to Complaint; General Assembly of North Carolina House Bill 1; Senate Bill 1

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA

RALEIGH DIVISION
No. B1-803-Civ-5

et aI.

P1a int if fs ,

RALPH GINGLES,

V.

RUFUS EDMISTEN, €t dl.,

Defendants.

THIRD SUPPLEMENT TO THE
COMPLAINT AND AMENDMENT
TO CO}IPLAINT

I. Introduction

On April 27, 1982, the North Carolina General Assembly

amended the apportionment of the North Carolina House of
Representatives and of the North Carolina Senate which are the

subject of the Second Supplement to the Complaint. The new

apportionments were based on the previous apportionments which

were amended but not repealed. Each apportionment continues to
have the purpose, result, and effect of diluting minority voting
strength and of denying black citizens the ability to use their
vote effectively.

The apportionments as amended by the General Assembly

vioLate 52 of the Voting Rights Act of 1965r ds amended, the

Thirteenth, Fourteenth and Fifteenth Amendments to the united

States Constitution, and 42 U.S.C. S1981.

The ailegations of this Third Supplement to the Complaint

set out the changes in the apportionments and are in addition to
the allegations contained in the complaint, the supplement to the

Complaint, and the Second Supplement to the Complaint previously



filed in this action. In addition the Amendment to Lhe Complaint

brings the previous allegations into conformity with the June,

l9B2 amendment to 52 of the Voting Rights Act.

II. Jurisdiction

135. The Court has jurisdiction over the claims in the

Third Supplement to the Complaint pursuant to 28 U.S.C. SS1331

and 1343 and 42 U.S.C. S1973j. Plaintiffs' claims arise from the

statutes and constitution of the United States and are claims to
enforce statutes and constitutional provisions which protect

civil rights including the right to vote.

III. Count Eight: Dilution of Black Voting Strength in
Eprn;-IqEZ Apportionment of the N. C. General Assembly

136. On April 26, 1982, the North Carolina General Assembly

(hereafter "the General Assembly") convened for the purpose of

reapportioning the districts of the North Carolina House of

Representatives (hereafter "the House of Representatives" ) and

the North Carolina Senate (hereafter "the Senate" ).
137. In response to the filing of this action, and follow-

ing an objection by the Department of Justice under 55 of the

Voting Rights Actr the General Assembly amended the February,

l9B2 apportionment of the House of Representatives contained in
Chapter 4 of the Extra Session Laws of L982 and the February,

L9B2 apportionment of the Senate contained in Chapter 5 of the

Extra Session Laws of 1982.

138. The amendment to Chapter 4 of the Extra Session Laws

is contained in Chapter 1 of the Laws of the Second Extra Session

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of L982. A true and accurate copy of Chapter I of the Laws

of the Second Extra Session Laws of L982 is attached as Exhibit.

A hereto.

139. The amendment to Chapter 5 of the Extra Session Laws

is contained in Chapter 2 of the Laws of the Second Extra Session

of 1982. A true and accurate copy of Chapter 2 of the Laws of

the Second Extra Session is attached as Exhibit B hereto.

140. Chapter 4 of the Extra Session Laws of 7982 as amended

by Chapter I of the Laws of the Second Extra Session of L982

(hereinafter "the ApriI 1-982 House apportionment") is based in
part on Article II, 53(3) of the N. C. Constitution.

141. The April 1982 House apportionment continues to use

multimember districts to avoid dividing counties in the apportion-

ment of the House of Representatives.

142. The practice of using multimember districts in the

apportionment of the North Carolina House of Representatives and

the use of multimember districts in the April 1982 House

apportionment have the purpose, result and effect of abridging

the right of black citizens to vote, of diluting minority voting

strength and of denying members of the black community the oppor-

tunity to elect representatives of their choice.

143. 
.The 

April L9B2 House apportionment divides the state

into districts in a manner that has the purpose, result and

effect of diluting minority voting strength, of denying black

citizens the opportunity to elect representatives of their
choice, and of abridging the right of black citizens to vote.

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144. The North Carolina House of Representatives had

amendments and alternatives available to it at its April 1982

session which would have mitigated or avoided the dilution of

minority voting strength but it refused to consider these amend-

ments and alternatives.

145. The refusal to consider the amendments and alterna-

tives which are referred to in Paragraph L44 above had the purpose,

result and effect of diluting minority voting strength and of

discriminating against black votes.

L46. Chapter 5 of the Extra Session Laws of I9B2r Ers

amended by Chapter 2 of the Laws of the Second Extra Session of

L982 (hereafter "the April L9B2 Senate apportionment") is based in

part on Article II, 55(3) of the N. C. Constitution.

L47. The ApriL L982 Senate Apportionment uses multimember

districts to avoid dividing counties in the apportionment of the

North Carolina Senate.

I48. The practice of using multimember districts in the

apportionment of the North Carolina Senate and the use of multi-
member districts in the April L982 Senate apportionment have the

purpose, result and effect of abridging the right of black citi-
zens to vote, of diluting minority voting strength, and of deny-

ing members of the black community the opportunity to elect

representatives of their choice.

149. The April 1982 Senate apportionment divides the state

into districts in a manner that has the purpose, result and

effect of diluting minority voting strength, of denying members

of the black community the opportunity to elect representatives

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of their choice, and of abridging the right of black citizens to
vote.

150. rn April, 1982 the North carolina senate had amend-

ments and alternatives available to it which would have avoided

or mitigated the dilution of black voting strength but the Senate

rejected or refused to consider these alternatives and amendments.

151. The rejection of or refusal of the Senate to consider
the alternatives and amendments referred to in Paragraph I50 had

the purpose, effect, and result of diluting minority voting
strength, of denying members of the black community the oppor-

tunity to elect representatives of their choice, and of abridg-
ing the right of black citizens to vote.

A. Fifteenth Claim for ReIief

L52. Plaintiffs' Fifteenth claim is brought pursuant to S2

of the Voting Rights Act of 1965r ds amended, 42 U.S.C. 51973.

r53. The purpose, result and effect of the apportionment

of the North Carolina General Assembly as enacted in Chapters 4

and 5 of the Extra Session Laws of L9B2r ds amended by Chapters 1

and 2 of the Laws of the second Extra session of t9B2 are to
abridge the right of black citizens to vote, to dil-ute minority
voting strength and to deny members of the black community the

opportunity to elect representatives of their choice.

B. Sixteenth CIaim for Relief
154. The Sixteenth Claim

42 U.S.C. 51983 to enforce the

for relief is brought pursuant to
Thirteenth, the equal protection

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clause of the Fourteenth, and the Fifteenth Amendment to the

United States Constitution, and pursuant to 42 U.S.C. S198I.

155. The intent and effect of the apportionment of the

North Carolina General Assembly enacted in Chapters 4 and 5 of

the Extra Session Laws of L982r dS amended by Chapters I and 2 of

the Laws of the Second Extra Session of L982, are to discriminate

against black voters, to dilute the vote of black citizens and to

deny plaintiffs their right to use their vote effectively.

IV. Count Nine: Affirmative Duty and Assure Fair
Representation

156. Plaintiff incorporates paragraphs 124-l2B of the

Second Supplement to the Complaint by reference.

157. North CaroLinars practice of using multi-member

districts in the apportionment of the General Assembly has

historically been to the disadvantage of bLack voters and has had

the purpose and effect of diluting minority voting strength and

denying members of the black community the opportunity to elect

members of their choice.

158. North Carolinars history of purposeful discrimination

imposes a affirmative duty on defendants to eliminate the effects
of past purposeful discrimination and to assure that black

citizens have a fair and adequate opportunity to elect represen-

tatives of their choice to the North Carolina General Assembly.

159. Defendants did not meet their affirmative obligation

to assure that black citizens have a fair opportunity to elect

representatives of their choice in the April 1982 apportionment

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of the North Carolina General Assembly.

A. Seventeenth Claim for Relief

150. Plaintiffsr seventeenth claim for relief is brought to
redress defendantsr failure to meet their affirmative obligation
to eliminate the effects of past discrimination and to assure

that black citizens have a fair opportunity to elect represen-

tatives of their choice to the General Assembly, it is brought

pursuant to 42 U.S.C. 51983 to enforce the Thirteenth Amendment,

the equal protection clause of the Fourteenth Amendment and the

Fifteenth Amendment to the U. S. Constitution, to 42 U.S.C.

51981, and to 52 of the Voting Rights Act of 1965 as amended,42

u.s.c. s1973.

V. Third Supplement to the Prayer for Re1ief

Wherefore plaintiffs pray that the court:
1. Grant the relief prayed for in the Complaint, the Supp1e-

ment and the Second Supplement to the Complaint;

2. Declare that the apportionment of the North Carolina

General Assembly as contained in chapters 4 and 5 of the Extra

session Laws of L982r Ers amended by chapters 1 and 2 of the Laws

of the Second Extra Session of L982, have the purpose, result and

effect of abridging the right of black citizens to vote, diluting
minority voting strength, and of denying black citizens the

opportunity to elect representatives of their choice in violation
of 52 of the Voting Rights Act of 1965r Ers amended, 42 U.S.C.

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S1973, in violation of the Thirteenth, Fourteenth, Fifteenth
Amendments to the U. S. Constitution, and a violation of 42

U.S.C. S1981 and enjoin defendants from participating in, super-

vising, conductingr oE certifying the results of any election
pursuant to this apportionment and from enacting or enforcing any

apportionment in the future which has the purpose, result, or

effect of diluting the voting strength of black citizens.
3. Declare that defendants have an affirmative duty to

eliminate effects of past purposeful discrimination and to

assure that plaintiffs and other black citizens have a fair

opportunity to elect representatives of their choice to the North

Carolina General Assembly; further declare that Chapters 4 and 5

of the Extra Session Laws of I9B2 as amended by Chapters 1 and 2

of the Laws of the Second Extra Session of L9B2 do not afford
plaintiffs and other black citizens a fair opportunity to elect

representatives of their choice in violation of 52 of the Voting

Rights Act of 1965r ES amended, the Thirteenth, Fourteenth and

Fifteenth Amendments to the United States Constitution, and 42

U.S.C. S1981, enjoin defendants from participating in, super-

vising, conductingt ot certifying the results of any election
pursuant to this apportionment and from enacting or enforcing

any apportionment in the future which does not afford black

citizens a-fair opportunity to elect representatives of their
choice to the North Carolina General Assembly; and enjoining

defendants from participating in, supervising, conducting or

certifying the results of any election pursuant to an apportion-

ment of the North Carolina General Assembly which does not

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eliminate the effects of past purposeful discrimination by every

available means including the use of single member districts;
4. Award the costs of this action, including reasonable

attorneysr fees, to plaintiffs; and

5. Grant such other and further reLief as may be just and

appropriate.

VI.

Plaintiffs amend their Second Claim for relief, at Paragraphs

48-49, challenging Article II, SS3(3) and 5(3) of the North

Carolina Constitution, Fifth Claim for Relief, at paragraph 70,

challenging Chapters 800 and 82L of the Session Laws of 1981,

Tenth Claim for Relief, dt Paragraph I02, challenging Chapter

1130 of the Session Laws of 1981, and Twelfth Claim for Relief,
at Paragraph L23 challenging Chapters 4 and 5 of the Extra

Session laws of 1982, to allege in addition to all- current allega-
tions, that each of the challenged provisions has the result of
abridging the right to vote of black citizens, of diluting minority
voting strength and the denying members of the black community

the opportunity to elect representatives of their choice.

This 1L day of August, lg}2.

Respectfully submitted,

nryn-\

Chambers, -Ferguson, Watt, WaIIas,
Adkins & Fuller, p.A.

951 South Independence Boul-evard
Charlotte, North Carolina 28202
7 04/37 s-846L

{/,/ I.EVONNE pHAMBERS
LESLIE J. ]WINNER

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o
t,

JACK GREENBERG
JAIVIES NABRIT
NAPOLEON WILLIAMS
LANI GUNIER
Suite 2030
10 Columbus Circle
New York, NY 10019

Attorneys for Plaintiffs

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EXHIBIT A

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(

A}I ACT TO APPOBTIOII

BEPEESEUTATI Y ES.

The Geaeral AssenbIY

Sectiou 1.

Sessi.on Laus of 7982,

to read:

(

GENERAL ASSEMBLY OF NORTH CAROLINA

SECOND EXTRA SESSION 1982

RATIFIED BILL

CHAPTEB T

HOSSE EILL T

A BILL TO BE EUTITLEI)

tH8 DrStBrCrs or rB8 uoRrH CIBO[rxl Eous8 0F

of f,orth Carolina enacts:

G.S. 120-2, as rerrittea by Chapter 4, Brtra

is alended bl rerritilg Districts 17 aad 18

trDistrict 17 shall elect tuo BepEesentatiYes ald shall consist

of Block 9Ol and Esuneration District 53tl of Census tract 3ll in

Iancbester Tornship, Block 901 ao<l Eaureratiou District 535 of

CeDsus 1ract 34 j,n Seventy-First foraship, Block 901 of Census

Tract 34 in Carverrs Creek Toruship, Cross Creek Precincts l, 3,

5, 9, 13, 15, 17, and 19, Spring Lake Precinct, Uorganton Boail 1

precinct, Beaver Lake Precinct, Ilestarea Precinct, antl that part

of Census Tract 33.02 in Precinct Serenty-Pirst 1. toy part of

Cross Creek toraship rhich lay be entirely surrounded by

;organtoa Boad 1 Precinct sball also be in the District- Block

3Oq oi Census Tract 26 of Cross Creek Tovnship is not in the

District.

District 18 shall elect three Bepresentatives altl shall consist

of the renaiader of Cueberlancl County not included in District

17- ll



this the

Sec. 2.

In the

27th day

Ihis act is effective upou ratification.
Geaeral lsserbly reatl three tires antl ratitiea( r

of April, 1982-

.Iales C. Green

Presitlent of the Senate

LISTON B. RAMSEY

Listoo B. Eaasey

Speaker of tbe House of EepreseDtatives

House BilI 1



AU ACT TO

I
GENERAL ASSEMBLY OF NORTH CAROLINA

fr"rrBrr B

SECOND EXTRA SESSION 1982

RATIFIED BILL

CHAPTEB 2

SEIIATE BILL 1

aUEUD CHAPTEB 5 OF TnE SESSIOT LAES (I'IRSt EXTBA

1(/

sEssroN, 1982) REDrstBrcTrxc rHE xoBIn caBoLrta sEltAtE-

The Genr:ral Asseubly of North Carolila eaacts:

Section 1. c.S. 120-1(a) as contained in Secti.on 1 of

Chapter 5 of the Session Lars (Ertra Session, t982) is anended

by:

(a) deletiog the folloring language:

rDistrict 2 elects one Senator aud consists of Bertie, Cboran,

cates, Hertford, l{orthanpton, Perquiaa[s, TyrreJ-l and lasbington

Couaties.

District 1 elects one Senator and consists of Beaufort, Canden,

Currituck, Dare, Hyde, Pallico anil Pasguotank Counties-

District 3 elects oDe Sesator and consists of Carteret and

Cravea Couuties. rr

aud inserting in lieu thereof:
nDistrict 1 elects one Seuator and consists of Canden,

Currituck, Dare, Eyde, Pasquotank, Perguiaaus ancl Tycrell
Counties; the folloring tornships of Beaufort County: Bath, Long

Acre, Paatego, Richlaod, anrl lashington; aud the folloring
touoships of llas.hi.ngton Couuty: Scupperaong and Skinnersville.

District 2 elects one Senator and consists of Bertie, Chouaa,

Gates, ilertford, and Northanptoa Countiesi the folloring

(

(

tovnsbips of Edgecoabe County: 3 (Upper Conetoe), aud 4 (Deep



Creel') ; the follouing toraships

Halifax, Palnyra, ,Boseneath,

tornships ot Uar tin Coutrtlr:

Bobersonville; and the Lees

of Halifar Couoty: ConoconDara,

and Scotland ileck; the folloring
Goose Uest, H arilton ancl

Itills anil plyuouth Tornships of
ilashiugton County.

District 3 elects oue Seuator and consists of Carteret, Crayen

and Panlico Counties.r;

(b) dei.eting the folloving:
ItDistrict 6 elects one seoator and consists of Eilgeconbe aa6

Halifar Counties and the folloring tornships of t{arren' Couu.ty:

Havtree, 8iyer, Eoanoke, and Sixpouncl- n

ancl inserting in lieu thereof:
rrDistrict b elects otre Senator and consists of t{arreo County;

the forroring tounships of Eclgecombe county: I (Tarboro), 2

(Louer conetoe), 5 (r.oyer Fishinq creek), 6 (upper Fishing
creek) , 7 (srift creek) , B (sparta), 9 (otter creek) , 10 (Lorer
Tovn creek) , 11 (|Jarout creek) , 12 (ffocky fiount] , 13 (cokey) , 14

(upper Torn creek) ; aad the folroring tounships of Ilalifax
county: Brinkreyville, Butterrood, Enfiel,d, Faucett, LittLeton,
Eoauoke Rapiils, and lleldou.tl:

(c) deleting the folloring:
r! District

Count ies. rl

and inserting
r District -9

Chocouini t y

toraships of

9 elects one senator and cousists of llartin anil pitt
t
.!

in ].ieu thereof: I

elects one Seuator and consists of pitt County; the

toruship of Beaufort County; and the follorinq
tlartiu Couaty: Beargrass, Cross Boads, Griffins,

Senate Bill 1



(

JanesviJ.Ie, Poplar Poj-nt, Lilliams, and I{itliaaston- r;

(d) deleting the folloviug:
IDistrict 10 elects oae Senatof, and cousists of t{ilson County;

aad the following townships of Nash county: coopers, Jackson,

lanniags, ttashvirle, North t{hitakers, oak Level, Recl oak, Rocky

HouDt, South Hhitakers ancl Stony Creek- rl

aad inserting in Iieu thereof:

'rDistrict 10 elects one Senator and cousists of lilsou County;

aad the folloring tornships of Nash county: coopers, Jackson,

Uashville, North liiritakers, Oak Level, Red Oak, Bocky t{ount,

South 'rlhitakers aod Stony Creek- n; and

(e) deletrng the folloring:
rrDistrict 11 elects one Senator and consists of Fraok-Lin and

vance couaties; the folloring tornships in Nash county: Baileys,

Cast a Iia, Dry tlel Is, FerrelIs, G rif f ins ; the f ollouinq tornshi ps

in ilake Coun ty: iJ ar-toDS Creek, Leesvi Ile, LittIe Biver r Neu

Light, and Hake Forest; ancl the f ollouing tornships in I{arreu

County: Pishing Creek, Pork, JudkiBs, Nutbush, Sandy Creek,

Shocco, SmitL Creek, and liarrentoo- tri

and insertiug in .i-ieu thereof :

rrDistrict 11 elects one Senator and consists of Franklin ancl

vauce couoties; tire follouing tornships in Nash county: Baileys,
CastaIia, DEy iieils, ferre1Is, criffios, and ilanuings; and the

folloring tornships iu Fake county: Bartons creek, Leesvirre,

little River, Nel tiqht, and Iiake Forest. n

(

(
t

I

Senate tsiLi I



thi.s the

Sec.' Z-

In the

27th day

Ihis act is effective
Geoeral lssenbly read

of April. 1982-

upon ratification.
three tines aod ratified,

JAMES C. GREEN

.Ianes C. Greeo

President of the Senate

LISTON B. RAMSEY

Listoa B- Rausey

Speaker of tbe House of nepreseutatives

a

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t

I
i

I

t,
Seuate 8i11 1