Correspondence from Edmisten to Winner, Greenberg, Donaldson, Hunter, Horton, and Elliot; Legislative Stipulations
Correspondence
May 25, 1983

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Case Files, Thornburg v. Gingles Hardbacks, Briefs, and Trial Transcript. Correspondence from Edmisten to Winner, Greenberg, Donaldson, Hunter, Horton, and Elliot; Legislative Stipulations, 1983. 479a7a69-d392-ee11-be37-00224827e97b. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/3c3dcd9b-b4d6-4fa6-90d6-b66c07b05415/correspondence-from-edmisten-to-winner-greenberg-donaldson-hunter-horton-and-elliot-legislative-stipulations. Accessed May 15, 2025.
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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) . I