Letter from Everett to opposing counsel RE: Revised stipulations

    Nov 23°93 16:36 'No..0l7 P.02: EVERETT GASKINS/DURHAM TEL :9 | 0-682-5469 

EVERETT & EVERETT 
ATTORNEYS AND COUNSELORS AT LAW 

SUITE 300 
R.O. EVERETT (1878-1871) 301 W. MAIN STREET KATHRINE R, EVERETT (1893-1992) P.C. BOX Bat ROBINSON O. EVERETT 

TEL: (919) é8p-5091 DAWN T. BATTISTE DurMaM, NoRTH CAROLINA 27702 FAX: (010) 682.5480 B8ANDRA G, HERRING 

OF COUNSEL 
ROBERT D, HOLLEMAN 

OF COUNSEL 
CRAIG M. KABATCHNICK 
(ADMITTED N.C., D.C.) November 23, 1999 

Ms. Tiare Smiley Via Fax to 716-6763 
N.C. Department of Justice 
P.O. Box 629 

Raleigh, NC 27603 

RE: Revised Stipulations 

Dear Tiare: 

I am forwarding herewith the stipulations that have been revised in response to your 
objections. Your faxed handwritten notes were at times difficult to read, but I believe we were 
able accurately reflect your objections and proposals. Below I will list several observations 
concerning specific stipulations, 

1. Stip. 6 - 1 assume that your objection to the 1997 and 1998 Section 5 Preclearance 
material is based on these materials already being an exhibit. We would request 
that your reconsider your objection with regard to the 1991 submission. If you 
still do not consent, T would appreciate your articulating what is objectionable 
about this request. 

Stip. 63 - We have modified your proposed change slightly. Please let me know if 
our change is objectionable. 

Stip. 75 - This stip was modified to add the Gantt totals and to correct the Rand 
totals. 

Stip. 82 - Please give us that data to confirm this stip. 

Stips. 126, 127 & 128 - These have been modified in light of your objections. 
Please confirm that this is acceptable. 

We did not receive your response to stips. 129 through 133. Please forward as 
soon as possible.  



    

EVERETT GASKINS/DURHAM. TEL :919-682-5469 Nov 23°99 16:36 "No..017 

Ms. Tiare Smiley 
November 23, 1999 

Page Two 

If you have any additional stipulations, please forward them to us as soon as possible so 
that they can be reviewed and incorporated. Also, we would appreciate your responding to my 
earlier request concerning the statistical information contained in the district court’s memorandum 
opinion of April 14, 1998,    

  

Sincerely, 

Robinson O. Everett 

P.03 

 



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FE hD fi { Plai iffs’ P { Sti ] . 

All parties are properly before the court. 

The court has jurisdiction of the parties and of the subject matter. 

3. All parties have been correctly designated. 

4, There is no question as to misjoinder or non-joinder of parties. 

EXHIBIT ISSUES: 

5. Except as noted by an objection, the parties agree that all maps and corresponding 

statistical reports on the exhibit list are authentic. 

At the request of any party, the Court may take judicial notice of materials offered as an 

exhibit from the 1992 Section 5 Preclearance Submission to the Department of Justice. 

7? OBJECTED TO BY DEFENDANTS 

STANDING/RESIDENCE: (The following stipulations as to standing are subject to a ruling by 

this court as to the defense of claim preclusion) 

8. Plaintiff J. H. (Jake) Froehlich resides in Guilford County and is a properly registered 

voter in Congressional District 12. 

Plaintiff R. O. Everett resides in Rowan County and is a properly registered voter in 

Congressional District 12. 

Plaintiff Joel K. Bourne resides in Edgecombe County and is a properly registered voter in 

Congressional District 1. 

Plaintiff Lois Weaver resides in Edgecombe County and is a properly registered voter in 

Congressional District 1. 

Plaintiff Thomas Chandler Muse resides in Edgecombe County and is a properly registered 

voter in Congressional District 1. 

Plaintiff Martin Cromartie resides in Edgecombe County and is a properly registered voter 

in Congressional District 1. 

Plaintiff Jake Froehlich has standing to challenge the constitutionality of Congressional 

District 12.  



  

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15. Plaintiff R. O. Everett has standing to challenge the constitutionality of Congressional 

District 12. 

16. Plaintiff Martin Cromartie has standing to challenge the constitutionality of Congressional 

District 1. 

17. Plaintiff Joel K. Bourne has standing to challenge the constitutionality of Congressional 

District 1. 

18. Plaintiff Lois Weaver has standing to challenge the constitutionality of Congressional 

District 1. 

19. Plaintiff Thomas Chandler Muse has standing to challenge the constitutionality of 

Congressional District 1. 

20. Plaintiff Ronald Linville resides in Forsyth County in Abbott's Creek #2 precinct in the 

1990 map of precincts in Forsyth County. 

21. Plaintiff Ronald Linville in the 1992 plan was a properly registered voter in Congressional 

District 12. 

22. Plaintiff Ronald Linville is a properly registered voter in Congressional District 5 in the 

1997 plan. 

23: Abbott’s Creek #2, which was included in District 12 in the 1992 plan, 18 now in District 5 

and borders District 12 in the 1997 plan 

24. Ronald Linville is white and based on 1990 census data for total population, Abbott’s 

Creek #2 precinct is 95.94% white. 

DISTRICT DEMOGRAPHICS 

25. 21.97% of the State's total population is African-American. 

26. Approximately 20.07% of the State's voting age population is African-American. 

27. District 12 in the 1997 plan is 46.67% African-American in total population and 43.36% 

African-American in voting age population. 

27(a). District 1 in the 1997 plan is 50.27% African-American in total population and 46.54% 

African-American in voting age population. 

28. OBJECTED TO BY DEFENDANTS 

29. In creating the 1997 Plan, the General Assembly split 22 counties. 

 



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30. Six of six counties were split in creating District 12 in the 1997 Plan. 

31. OBJECTED TO BY DEFENDANTS 

32. Ofthe total population of Congressional District 12 in the 1997 plan, approximately 75% 

percent comes from parts of Mecklenburg, Forsyth and Guilford counties. 

33. OBJECTED TO BY DEFENDANTS 

34. OBJECTED TO BY DEFENDANTS 

35. OBJECTED TO BY DEFENDANTS 

36. OBJECTED TO BY DEFENDANTS 

37. OBJECTED TO BY DEFENDANTS 

38. OBJECTED TO BY DEFENDANTS 

39. OBJECTED TO BY DEFENDANTS 

40. OBJECTED TO BY DEFENDANTS 

41. OBJECTED TO BY DEFENDANTS 

42. District 12 divides the populations of eight cities (Charlotte, Greensboro, High Point, 

Lexington, Salisbury, Statesville, Thomasville and Winston-Salem). 

43, OBJECTED TO BY DEFENDANTS 

44. OBJECTED TO BY DEFENDANTS 

45. OBJECTED TO BY DEFENDANTS 

46. OBJECTED TO BY DEFENDANTS 

47. OBJECTED TO BY DEFENDANTS 

48. Approximately 90.2% of the African-Americans who reside in District 12 in the 1997 plan 

also were included in District 12 in the 1992 plan. 

49. Approximately 49% of whites who reside in District 12 in the 1997 plan also were 

included in District 12 in the 1992 plan. 

 



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50. Approximately 25.7% of the African-Americans who were in District 12 in the 1992 plan 

were moved out of District 12 in the 1997 plan. Approximately 74.3% of the African- 

Americans who were in District 12 in the 1992 plan continue to be in District 12 in the 

1997 plan. 

51. Approximately 31.6% of all persons who were in District 12 in the 1992 plan were moved : 

out of District 12 in the 1997 plan. Approximately 68.4% of all persons who were in 

District 12 in the 1992 plan continue to be in District 12 in the 1997 plan. 

S1(a). Approximately 31.5% of the African-Americans who were in District 1 in the 1992 plan 

were moved out of District 1 in the 1997 plan. Approximately 68.5% of the African- 

Americans who were in District 1 in the 1992 plan continue to be in District 1 in the 1997 

plan. 

51(b). Approximately 32.8% of all persons who were in District 1 in the 1992 plan were moved 

out of District 1 in the 1997 plan. Approximately 67.2% of all persons who were in 

District 1 in the 1992 plan continue to be in District 1 in the 1997 plan. 

52 District 1 in both the 1997 and 1998 plans is 50.27% African-American in total population 

and 46.54% African-American in voting age population. 

53. OBJECTED TO BY DEFENDANTS 

54. The First Congressional District is comprised of ten whole counties and portions of ten 

others. 

55. Five counties in North Carolina are majority African-American in total population, namely 

Edgecombe, Bertie, Hertford, Northampton, and Warren. In addition, Halifax and Hoke 

Counties are plurality African-American, but are not a majority because of Native 

American and “other” racial categories. 

56. Six of these counties are included in whole in District 1 in the 1997 plan. Hoke County 18 

not included. 

57. More than half the black population of the 1997 version of the First District comes from 

the ten split counties. 

58. OBJECTED TO BY DEFENDANTS 

59. OBJECTED TO BY DEFENDANTS 

60. OBJECTED TO BY DEFENDANTS 

61. The portion of the City of New Bern assigned to District is is 48.27% black, while the 

 



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portion assigned to District 3 is 24.45% black. 

TECHNICAL AND POLITICAL DETAILS 

62. Data precinct boundaries for 48 counties was taken from the US Bureau of the Census 

IVTD TIGER files and placed on the North Carolina General Assembly’s redistricting 

computer system in the late 1990. Population data was received in late February, 1991, 

and placed on the data base. 

63 The staff of the General Assembly added precinct boundaries to the North Carolina 

General Assembly computer system data base for 21 additional counties: Anson, Bertie, 

Camden, Caswell, Franklin, Gates Greene, Hertford, Hoke, Lee, Lincoln, Martin, 

Mitchell, Northampton, Pasquotank, Perquimans, Person, Tyrell, Vance, Warren, and 

Yadkin. These precincts were added so that, the other 48 counties on the data base, 

divisions below county lines could be made. iki 

64. For purposes of one person, one vote, a plan with almost zero deviation would contain 

approximately 552,386 persons in each of North Carolina’s 12 congressional districts, 

based on the 1990 Federal Census. 

65. Registered Democrats are prohibited from voting in Republican primaries and registered 

Republicans are prohibited from voting in Democratic primaries at the present time, and 

during all times relevant to this case. 

66. OBJECTED TO BY DEFENDANTS 

67. OBJECTED TO BY DEFENDANTS 

68. OBJECTED TO BY DEFENDANTS 

69. Guilford County Precinct 11 is not within District 12 but is contiguous to that district. 

The precinct is 17.57% African-American in total population and 17.89% Afiican- 

American in voting age population. Democrats comprise 62.32% of registered voters. 

Within this precinct, the Democratic candidate Gantt received 67.5 1% of the vote in the 

1990 senatorial contest, the Democratic candidate Rand received 61 68% of the vote in 

the 1988 Lt. Governor contest, and the Democratic candidate Lewis took 52.98% of the 

vote in the 1988 Court of Appeals contest. 

70. Guilford County Precinct 14 is not within District 12 but is contiguous to that district. 

The precinct is 15.19% African-American in total population and 15.24% African- 

American in voting age population. Democrats comprise 58.14% of the registered voters, 

Within this precinct, the Democratic candidate Gantt received 86.91%:of the vote in the 

1990 senatorial contest, the Democratic candidate Rand received 65.66% of the vote in 

the 1988 Lt. Governor contest, and the Democratic candidate Lewis took 63.92% of the 

vote in the 1988 Lewis/Smith Court of Appeals contest. 

 



    

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72. 

73. 

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Guilford County precinct 17 is not within District 12 but is contiguous to that district. 

The precinct is 9.09% African-American in total population and 8.64% African-American 
in voting age population. Democrats comprise 61.86% of the registered voters. Within 

this precinct, the Democratic candidate Gantt received 65.08% of the vote in the 1990 
senatorial contest, the Democratic candidate Rand received 61.68% of the vote in the 
1988 Lt. Governor contest, and the Democratic candidate Lewis took 58,19% of the vote 

in the 1988 Lewis/Smith Court of Appeals contest, 

Forsyth County Brunson Elementary School Precinct is not within District 12 but is 
contiguous to that district. The precinct is 27.83% African-American in total population 
and 25.88% African-American in voting age population. Democrats comprise 65.75% of 
the registered voters. Within this precinct, the Democratic candidate Gantt received 
75.46% of the vote in the 1990 senatorial contest, the Democratic candidate Rand 
received 66.30% of the vote in the 1988 Lt. Governor contest, and the Democratic 
candidate Lewis took 65.84% in the 1988 Lewis/Smith Court of Appeals contest. 

Forsyth County Hanes Community Center precinct is not within District 12 but is 
contiguous to that district. The precinct is 32.06% African-American in total population 

and 28.80% African-American in voting age population. Democrats comprise 76% of the 
registered voters. Within this precinct, the Democratic candidate Gantt received 75.77% 
of the vote in the 1990 senatorial contest, the Democratic candidate Rand received 

71.68% of the vote in the 1988 Lt. Governor contest, and the Democratic candidate Lewis 
took 69.18% of the vote in the 1988 Lewis/Smith Court of Appeals contest. 

Forsyth County Latham Elementary School Precinct is not within District 12 but is 

contiguous to that district. The precinct is 19.82% African-American in total population 
and 17.41% African-American in voting age population. Democrats comprise 65.25% of 
the registered voters. Within this precinct, the Democratic candidate Gantt received 
54.85% of the vote in the 1990 senatorial contest, the Democratic candidate Rand 
received 53.86% of the vote in the 1988 Lt. Governor race, and the Democratic candidate 
Lewis took 55.87% of the vote in the 1988 Lewis/Smith Court of Appeals race. 

Mecklenburg County Precinct 10 is not within District 12 but is contiguous to that district. 
The precinct 1s 6.9% African-American in total population and 5.42% African-American in 
voting age population. Democrats comprise 63.45% of the registered voters. Within this 
precinct, the Democratic candidate Gantt received 73.01% of the vote in the 1990 
senatorial contest, the Democratic candidate Rand received 62.66% of the vote in the 
1988 Lt. Governor contest, and Democratic candidate Lewis received 55.78% of the vote 
in the 1988 Lewis/Smith Court of Appeals contest. 

Mecklenburg County precinct 21 is not within District 12 but is contiguous to that district. 
The precinct is 10.51% African-American in total population and 7.84% in voting age 
population. Democrats comprise 59.45% of the registered voters. Within this precinct, 

the Democratic candidate Gantt received 60.11 of the vote in the 1990 senatorial contest, 

  

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78. 

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82(a). 

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36. 

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90. 

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92. 

93. 

  

   

  

the Democratic candidate Rand received 52 32% of the vote in the 1988 Lt. Governor 
race, and the Democratic candidate Lewis took 48.30% of the vote in the 1988 
Lewis/Smith Court of Appeals race. 

The eastern and western portion of Congressional District 9 are linked by an area along 
the South Carolina border which constitutes the southern portion of Mecklenburg Precinct 
77. 

Mecklenburg Precinct 77 is split in the 1997 Congressional District plan between District 
9 and District12. 

Precinct 77 is not split in the State Senate plan; it is wholly within District 33. 

Precinct 77 is not split in the State House plan; it is wholly within District 56. 

Precinct 77 is not split in the Mecklenburg County Commission and School Board 
Districts; it 18 wholly within District 2. 

Precinct 77 is not split in the Charlotte City Council districts; it is wholly within District 3. 

Effective in 2001, the portion of Mecklenburg Precinct 77 in District 9 will be merged into 
a new precinct and will not remain as part of Precinct 77, *** 

There are a total of 435 Congressional districts in the United States of America, of which 
North Carolina has 12 districts in the 1990s, but only had 11 districts in the 1980s. 

OBJECTED TO BY DEFENDANTS 

OBJECTED TO BY DEFENDANTS 

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OBJECTED TO BY DEFENDANTS 

OBJECTED TO BY DEFENDANTS 

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94, OBJECTED TO BY DEFENDANTS 

95. OBJECTED TO BY DEFENDANTS 

96. OBJECTED TO BY DEFENDANTS 

97. OBJECTED TO BY DEFENDANTS 

98. OBJECTED TO BY DEFENDANTS 

99. OBJECTED TO BY DEFENDANTS 

100. OBJECTED TO BY DEFENDANTS 

101. OBJECTED TO BY DEFENDANTS 

102. OBJECTED TO BY DEFENDANTS 

103. OBJECTED TO BY DEFENDANTS 

104. OBJECTED TO BY DEFENDANTS 

105. OBJECTED TO BY DEFENDANTS 

106, OBJECTED TO BY DEFENDANTS 

107. OBJECTED TO BY DEFENDANTS 

108. OBJECTED TO BY DEFENDANTS 

109. OBJECTED TO BY DEFENDANTS 

110. OBJECTED TO BY DEFENDANTS 

111. OBJECTED TO BY DEFENDANTS 

112. OBJECTED TO BY DEFENDANTS 

113. OBJECTED TO BY DEFENDANTS 

114. OBJECTED TO BY DEFENDANTS 

115. OBJECTED TO BY DEFENDANTS 

 



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116. 

117. 

118. 

119, 

120. 

121. 

J22. 

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125. 

126. 

  

   

  

OBJECTED TO BY DEFENDANTS 

OBJECTED TO BY DEFENDANTS 

OBJECTED TO BY DEFENDANTS 

OBJECTED TO BY DEFENDANTS 

OBJECTED TO BY DEFENDANTS 

OBJECTED TO BY DEFENDANTS 

The names of voters in each precinct who cast a ballot are a public record in North 
Carolina 

Based on the 1990 census, Mecklenburg County contains 93% of the ideal population for 
a North Carolina congressional district of 552,386. 

OBJECTED TO BY DEFENDANTS 

The incumbent congresspersons elected under the 1998 plan and their current voting 
residences in 1999 are: District One, Eva Clayton, River Precinct, Warren County, 
District Two, Bob Ethridge, Lillington Precinct, Harnett County; District Three, Walter 
Jones, Farmville West Precinct, Pitt County; District Four, David Price, Weaver Dairy 
Precinct, Orange County; District 5, Richard Burr, Whitaker Elementary School Precinct, 
Forsyth County; District 6, J. Howard Coble, Greesnboro 43 Precinct, Guilford County; 
District 7, Mike McIntyre, Lumberton #8 Precinct, Robeson County; District 8, Robin 
Hayes, Cabarrus County, District 9, Sue Myrick, Precinct 140, Mecklenburg County; 
District 10, Thomas “Cass” Ballenger, Viewmont #1 Precinct, Catawba County; District 
11, Charles Taylor, Transylvania County; District 12, Me! Watt, Charlotte Precinct 11, 
Mecklenburg County. 

ELECTION RESULTS 

Congressman Watt, an African-American, was re-elected in District 12 under the 1998 
plan with 56% of the vote, with 82,305 votes to 42% for Republican “Scott” Keadle, a 
white candidate, with 62,070 votes, with others, of unknown races, receiving 2% of the 
vote, with 2,713 votes. 

126(a) Congressman Watt won the 1998 Democratic primary in District 12 under the 1998 plan 

127. 

with 84% of the vote, with 12,160 votes to 16% for Ronnie Adcock, a white Democrat, 
with 2,275 votes. 

Congresswoman Clayton, an African-American, was re-elected in District 1 under the 
1998 plan with 62.2% of the vote, with 85,125 votes to 37% for Republican Ted Tyler, a 

  

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white candidate, with 50,578 votes, with Jack Schwartz, of unknown race, receiving less 
than 1% of the vote, with 1,044 votes. 

128. Congresswoman Clayton won the 1998 Democratic primary in District 1 under the 1998 
plan with 66.5% of the vote, with 44,289 votes to 63.9% for Linwood Mercer, a white 

Democrat, with 22,299 votes. 

  

    

    

    

In 1982, candidate “Mickey” Michaux received 46.35% of the second primary vote in the 
2" Congressional District. 29.19% of the registered voters in the district at that time were 
Aftrican-Americans.. 

| Ww 0M 132. In 1984, black candidate Kenneth Spaulding received 47.88% of the second primary vote 
wy in the 2" Congressional District. 37.2% of the registered voters in the district at that time 

were black. 

133. Tn the 1997 plan, the boundary of Congressional District 12 in Guilford County does not 
substantially correspond to the boundary lines of state house or senate districts in the 
county. 

Sw Js AF 

 



EVERETT GASKINS/DURHAM al Noy 23°99 16:35 No .Ol7: P.O] 

EVERETT & EVERETT 
ATTOANEYS AND COUNSELORS AT LAW 

SUITE 300 

R.O. EVERETT (1878-1971) 301 W. MAIN STREET 

KATHRINE R. EVERETT (1893-1992) P.O. BOX 888 

ROBINSON O, EVERETT 

DAWN T, BATTISTE DurHAM, NORTH CarouiNa 27702 
SANDRA G. HERRING 

TEL: (919) 882-5891 

FAX: (910) 652.5460 

OF COUNSEL 

ROBERT D. HOLLEMAN 
OF COUNSEL 

CRAIG M, KABATCHNICK 
(ADMITTED N.C., D.C.) 

To: Ms. Tiare Smiley, via fax to 716-6763 
Mr. Adam Stein, via fax to 967-4953 
Mr. Todd Cox, via fax to 202-682-1312 

From: Robinson Everett, Marty McGee, Doug Markham or Seth Neyhart 

Subject: Sti ph A rns 

Date: November 29 1999 

Approximate Pages: [2 1 Cove,