Correspondence from Edmisten to Winner, Greenberg, Donaldson, Hunter, Horton, and Elliot; Legislative Stipulations

    RUFUS L. EDIIISTEN
arrotxlY olxll^L

fitucre uf $orttg @urslina
prpurtmrnt sf Uuclicr

P. O. IOX C2e
tALtIOH

2rt02{a2e

May 25, 1983

Ms. Leslie Winner
Chambers, Ferguson, Watt, Wa1las,

Adkins & Fuller, P.A.
951 South Independence Boulevard
Chailotte, North Carolina 28202

Mr. Jack Greenbery
Mr. James M. Nabritt III
Ms. Lani Guinier
10 Columbus Circle
New York. New York 10019

l,Ir. Arthur J. Donaldson
B:rke, Donaldson, Holshouser & Kenerly
309 North Main Street
Salisbury, North Carolina 28144

Mr. Robert N. Hunter, Jr.
Attorney at Law
Post Office Box 3245
Greensboro, North Carolina 27402

Mr. Hamilton C. Horton, Jr.
Horton, Hendrick, and Kummer
Attorneys at Law 450 NCNB Plaza
Winston-Sa1em, North Carolina

Mr. Wayne T. E1liot
Southeastern Legal Foundation
1800 Century Boulevard, Suite 950
Atlanta, Georgia 30345

Dear Ladies and Gentlemenr

Attached please find as a supplement to our First Sub-
mission of Proposed Stipulations, mailed out by this office
yesterday, the Proposed Stipulations regarding the legisla-
tive chronology of reapportionment which we discussed at an
earlier date. These Stipulations remain in draft form, but
f believe that they more accurately embody the opinions of
all counsel in the case.



I

I
I

-.-.r .'-"

All CounseLs
May 25, L982
Page 2

in Reapportionment

I'assume that our next formal meeting on Stipulations
will be on,fune 8, in Washington, D. C. I look fonrard to
seeing those of you who will be able to attend.

Thank you for your cooPeration.

Yours very truly,

JlllfrJr.:rc
Enclosures

!{. WalLace, J
ty Attorney General for
aL Affairs



LEGISLATIVE STIPULATIONS

The 1981 General Assemblyr pursudnt to N.C.G.S. L20-11.1,
convened on Wednesday, January L4, L981.

On Januaiy 16, L981, the Speaker of the North Carolina
House of Representatives, the Honorable Liston B. Ramseyr
pursuant to Rules 25 and 27 of the Rules of the 1981
House of Representatives, General Assembly of North
Caro1ina, appointed the following members of the Legisla-
tive Redistricting Committee: Representatives Jones and
Lilley, Chairmen; Representatives Bundy and l{esser, Vice
Chairmen; Representatives Almond, Barnes, Beam, BIue,
Bone, Brennan, Chapin, Church, D. Clark, Craven, Creecy,
Diamont, Enloe, Bob Etheridge, Evans, Gillam, Grady, Gulr
Hackney, Hege, Hiatt, Hightower, Holmes, J. Hunt, R.
Hunter, T. Hunter, Lacey, McAlister, llorgan, Nash,
Nesbitt, Nye, Quinn, Rabon, Redding, Rhodes, Spaulditg,
and Taylor.

Of the members of the House Legislative Redistricting
Committee Representatives BIue, Creecy ahd Spaulding were
black members of the House of the 1981 General Assembly.

On January L9, 1981, the President of the North Carolina
Senate, the Honorable James C. Green, Pursuant to Rules
31 and 32 of the Rules of the 1981 Senate, General
Assembly of North Carolina appointed the following
members of the Committee on Redistricting - Senate:
Senators Rauch, Chairmani Duncan, Allsbrook,
Vice-Chairmen; A11red, Ballenget r Barnes, Boger,
Cavanagh, Clarke, Creech, Garrison, Gray, Hardison,
Harrington, Kincaid, Lawing, MiIIs, Noble, Palmer,
Raynor, RoyaII, So1es, Speed, Thomas of Craven, Thomas of
Henderson, Walker, Warren, and Wright. The members of
the Committee on Redistricting - Senate, appointed on
January L9, 1981, were white.

On October 10, 1981, the President Pro Tempore of the
Senate appointed Senator Frye of Guilford County to the
Committee on Redistricting - Senate in response to a
request by Senator Gray that she be removed from the
Committee.

6. Senator Frye was the only black member of the Senate of
the 1981 General Assembly.

7. On JuIy 2, 198L, Chapter 771 of the 1981 Session Laws
(Regular Sessions, L981), AN ACT TO PROVIDE FOR THE
SEVERABILITY OF PROVISIONS OF REDISTRICTING ACTS OF THE
GENERAL ASSEI4BLYT wds ratified in the General Assembly.
(Attachment A) .

L.

2.

3.

4.

5.



I

8. On July 3, 1981, Chapter 800 (House BiIl 4l-5) of the 1.981,
Session Laws (Regu1ar Sessions, L981), which redistricted
the House of Representatives, $ras ratified in the General
Assembly. (Attachment B). The Legislative Services
Office prepared a map indicating districts of and
computerstatistics analyzing the districts created by , h

On July 3,1981, Chapter 82L (Senate BilI 313) of the
1981 Session Laws (Regular Sessions, 1981) which redis-
tricted the Senate was ratified in the General Assembly.
(Attachment E). The Legislative Services Office prepared
a map indicating and computer statistics analyzing the '-
districts created by that Chapter. (Attachments F, G
respectively) .

On October 29, 1983, the General Assembly met to consider
redistricting legislation pursuant to Resolution 80 of
the 1981 Session Laws (Regular Sessions, L981).
(Attachments H, I).
On October 30, 1981, Chapter 1130 (House Bill L428) of
the 1981 Session Laws (Regular Sessions, 1981), AN ACT TO
APPORTION THE DISTRICTS OF THE NORTH CAROLINA HOUSE OE'
REPRESENTATMS, was ratified in the General AssembJ.y
(Attachment J). The Legislative Services Office prepared
a map indicating and computer statistics analyzing the
districts created by that Chapter. (Attachments K, L
respectively) .

The.LeaSleLrJ". Services Office did not systematically
analyzd{'tra-p-pbrtionment plans using race as a factor
until after the October, 1981. legislative sessions.

13. By letter of 30 November 1981, the Office of the United
States Attorney General interposed objection to two
proposed amendments to the Constitution of North
Caro1ina, Article II, Sections 3(3) and 5(3).
(Attachment M) .

14. By letter of 7 December 1981, the Office of the United
States Attorney General advised the State that it would
not pre-clear Chapter 894 '(S.8. 87 rl or Chapter 82L (S.B.
313), North Carolinars reapportionment plans for the
State Senate and the United States Congress. (Attachment
N).

15. The Legislative Services Office, in analyzing plans
proposed or adopted after December, 1981, used the
population statistics indicated in Attachment N-1..

16. By letter of 20 January L982, the Office of the United
States Attorney General advised the State that it would
not pre-clear Chapter 1130 (H.B. 1428,1, North Carolinars

:,';-. .'

9.

L0.

t1.

L2.



Lf-
reapportionment plan for the -€tate House of Representa-
tives. (Attachment O).

17. On January 28, L982, the Senate Committee on
Redistricting - senate and a subcommittee of the House
met to be briefed by the state's retained counser. At ajoint meeting the Senate Committee and the House
Subcommittee adopted the redistricting criteria in
Attachment o-1. on February 2, the full House committee
on Legislative Redistricting adopted the amended
redistricting criteria contained in Attachment O-2.

18. On February 3, Lg82, Representative Joe Hege presented to r
House Committee on Legislative Redistricting a map
illustrating the Republican House single-grember
redistricting plan, attached as final document in the
minutes and transcripts of the House Legislative Redistricting
Conunittee, entitled "House T,egislative Redistricllggr
February Session--l98

19. On February 4, 1982, the Congressional redistricting
committees of the House and Senate, the Senate Corunittee
on Redistricting--Senate and the House Committee on
Legislative Redistricting heJ-d a joint public hearing in
the State Legislative Building in Raleigh to give to the
citizens of the State as well as any other interested
individuals and organizations an opportunity to express
their views on Congressional and State Legis}ative
Redistricting. Notices of the hearing were published in
the Asheville Citizen and AshevilIe Times, Durhau Mornilg
ueraTilffia@-Tews atd_ffiver, ana EEElffiaEloF
66ffiir, onlffnffiiTf Eebruary f,i, 3, and T,T9'EF
with the exception of the Asheville Citizen and Asheville
Times, which did not publi@ 1982;-ffif
noTlce, in its entirety, is reflected by Exhibit P. fn
addition, those individuals and groups who were deemed, to
be interested in the reapportionment process were provided
with press releases and supporting information in the
manner indicated in the attached Affidavits (Exhibits Qr
o-1) .

20. At the February 4, Lg82, public hearing, Mr. G. K. Butterfield,
Jr., President of the North Carolina Association of Black
Lawyers, presented maps ilLustrating a sin$Ie-member House
and a single-member Senate redistricting p1an, attached as
the final two documents in the "N. C. General Assembly
ExtraSession1g82,Redistrictin2.o4-Extra Session 1982, Redistricting Pub1ic HeaTings of O2-04-

on 9 February 1982, the North carotina Generar Assembly
convened for the purpose of enacting apportionment plansfor the state House of Representativesr-state senat6, andunited states congress pursuant to a proclamation of theGovernor (Attachment Q-f)
On February 11, L982, Chapter 4 (House BiII L) of the
Session Laws of the First Extra Session lgg2, whichredistricted the House of Representatives the third timein the biennium, was ratified in the Generar Assembry.(Attachment R). The Legislative Services Office prelareda map and computer statistics analyzinq the districticreated by this Chapter. (Attachments'S, Trespectively) .

2L.

22.



oI

23. On February 11, 1982, Chapter 5 (Senate BiII 1) of the
Session Laws of the First Extra Session, L982, which
redistricted the senate the second time in the biennium,
was ratified in the General Assembly on February 11,
L982. (Attachment U). The Legislative Services Office
prepared a map indicating and computer statistics
analyzing the districts created by this Chapter.
(Attachments V, W respectively).

24. fn addition to enacting its State Iegislative redistrict-
ing plans, the General Assernbly ratified on February 1I,
L982, Chapter 3 of the Session Laws of the First Exlra
Session, L982 providing, among other matters, for alter-
native dates for North Carolinars filing period and
primaries. (Attachment X).

25. By letter of April L9,1982, the Office of the United
States Attorney General interposed an objection to the
implementations of the House and Senate Redistricting
Plans, Chapters 4 and 5 of the Session Laws of the First
Extra Session , 1982, and deferred consideration of
Chapter 3. (Attachment Y).

26. On April 26, L982, Representative Joe Hege filed House
Bill 7 which would create a single-member redistricting
plan for the House. The bill wis drawn by the
Legislative Services Office's Bill Drafting Division
using a computer print-out furnished by Representative
Hege (Attachment Yl, 12, respectively). House BiIl 7
received its first reading on April 27, L982, and was
referred to the House Committee on Legislative
Redistricting.

27. On April 27, L982, Senator Ballenger offered to the
Committee on Redistricting - Senate a map with
accompanying statistics outlining a single-member Senate
district plan and by substitute motion, moved its
adoption. That motion was tabled. (Attachments y3, y2).
-attached as - exhibits-- tg minutes. tsDd -transeripts.*af --th-at
dat€.) .

28. On April 27, 1982, Senators' Ballenger and Wright filed
Senate Bill 2 which would create a single-member
redistricting plan for the Senate. As the General
Assembly adjourned that day the bill never received its
first reading. The biIl was prepared by the Legislative
services office I s Bilr Drafting Division from a computer
print-out furnished by senator Ballenger (Attachments y3,
12, respectively)

29. Chapter 1 (House Bill 1) of the Session Laws of the
Second Extra Session, L982, which redreq House Districts
L7 and 18, h,as ratified in the General Assembly on April
27, L982. (Attachment Zl. The Legislative Services



Office produced a map indicating and computer statistics
analyzing the new plan. (Attachments AA, and BB).

30. Chapter 2 (Senate Bill 1) of the Session Laws of the
Second Extra Session t L982, which redrew Senate Districts
L, 2, 3, 6, 9, LOr'and 11, was ratified in the General
Assembly on April 27, L982. (Attachment CC).
The Legislative Services Office produced a map indicating
and computer statistics analyzing the new pIan.
(Attachments DD, EE respectively).

31. Oir April 27, L982, Chapter 3 (House Bill 2l of the
Session Laws of the Second Extra Session, 1982, which
provided, among other matters, for alternative dates for
North Carolinars filing period and primarj-es.
(Attachment FF).

32. By letter of April 30, L982, the Office of the United
States Attorney General indicated that it would not
interpose an objection to Chapters 1 and 2 of the Session
Laws of the Second Extra Session, L982, (the amended
House and Senate redistricting plans) but interposed an
objection to the candidate filing period and. primary
election date contained in Chapter 3 of said Session
Laws. (Attachment GG. ) The State of North Caro1ina,
through the North Carolina State Board of Elections,
responded to the objection of the United States Attorney
General on May 6, L982, by revising the L982 primary
election timetable for the State of North Carolina,
providing inte! aIia, that the date of the primary elections
for L982 Ue6anFilfroro June 10, L982, to June 29, L982,
as is *xhibited by the letter and attachments to lt{r.
William Bradford Reynolds from Mr. Alex K. Brock of the
State Board of Elections (Exhibit HHl.

33. By letter 9{ tt.y 20,19a2, the office of the AttorneyGeneral indicated it wourd not interpose an objectioi tothe revised l9B2 primary erection tiiretable foi 19g2 as
amended by the state Board of Erections. (Attachment
HH) .

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