Letter to Reynolds and Jones from Napoleon Williams Re: Submissions of 1967 Amendments to Constitution of N.C. for Pre-clearance
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October 22, 1981

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Case Files, Thornburg v. Gingles Hardbacks, Briefs, and Trial Transcript. Letter to Reynolds and Jones from Napoleon Williams Re: Submissions of 1967 Amendments to Constitution of N.C. for Pre-clearance, 1981. 9e94108b-d292-ee11-be37-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/3df408e4-66e8-4b76-9fbf-fd71a5268494/letter-to-reynolds-and-jones-from-napoleon-williams-re-submissions-of-1967-amendments-to-constitution-of-nc-for-pre-clearance. Accessed July 13, 2025.
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cHAMBERS. F':RGUSoN. wAr-i-. wALLAS. ADKTNS - FULLER. pA. ATTORNEYS AT LAW SUITE 73O EAST INOEFENOENCE Pt.AZA 95I SOU;H INOEPENOENCE AOULEVAEO uuus L.s/oNNE cHAMaERS cHARLorrE NORTH CAROLINA zazoz AMEti E FEHGUsoN.lt TELEpHoNE (7c4r 379.648r .€LVIN L WA?? ONATTiAN WALLAS .AFL aoKrNs October 22 , 19 81 AMES C. FULLER. JF. :. WONNE MIMS oriNw.cFEsHAM Hon. Williarn Bradford. ReynoldsroNALoLGrssoN Assistant Attorney GenerilIILDA F. GIIZER €sLrEJ.wrNNER Civil Rights Division Unj.ted States Department of Justice Washington, D. C.20530 Mr. Gerald W. Jones, Chief Voting Section United States Department of Justice Washington, D. C. 20530 Re: Submissions of 1967 Amendments to the Constitution of the State of North Carolina for Pre-Clearance Under Section 5 of the Votins Richts Act. Dear Messrs. Reynolds and Jones: On September 16, 1981, black voters in the State of North carorina fired a class action rawsuit in the ivtst- one purpose of the rawsuit was to restrain the impre- mentation and enforcement of certain amendrnents mldein 1967 to the North carolina constitution insofar asthe amendrnents applied. to ccunties of the state coveredby s5 of the voting Rights Act of 1965, -i"-"*""a"a.- These amendments were, in L967 and t958, d.esignated asArticle rf , s4 and Arti-cle rr, sG. (The sections are S;:Hl:. i?,'tr'* unff; l"i - T"lil, "'ffi I'H":;l::i: ";i:: l*!:ill["iiiii;ii :*3i;ri:mr]ns"t*:"i:i33"'5' The nrr=no=. and effect of the Lg67 amendnents were todilute mj-nority voting sLrength and thereblz prevent theelection of minority cand,i'Cates. Numerous individuals and organizations intend to present their ob;ections toany pre-clearance by your Department of these amendments. We understand that iome groups have alread,y fo::vrarded. to y99_ their protests. We assu.me that the ;uitice Departmentwil1, in the name of justice and according to its iegula-tions, afford these organizations and, indivitluals suiti-cient time to present their objections. RECEIVEDocT2$[t IIon. William Bradford Reynolds !ilr. Gerald W. Jones October 22, 1981 Page fwo In any event, we do not expect the Department to act at the political behest of the State of North Carolina, and thereby violate federal law, by acting to preclude the occurrence of a meaningful opportunity for the protesting groups and individ- uals to present their objections in a fair and timely manner Mr. Steve Suitts, Executive Director of the Southern Regional Council, has provid.ed me with a copy of your August 24, 1981 letter to him in which you state that: Our records ind.icate that on April 20, 1971, the Attorney General precleared all sections of the North Carolina Constitution as revised. in 1969, with to which an objecti-on was interposed. The facts stated in this letter are wronq and have been admi.tt,ed to be so by both the Attorney General of the State of North Carolina and the Secretary- Director of the North Carolina State Board of Elections in a sworn affidavit and a memorandum filed in the United States District Court for the Eastern District of North Carolina, Raleigh Division, in the above action. I am enclosing for your in- formation a copy of the affi-d.avit by Alex K. Brock, the Secretary-Director of the State Board of Elections. In his affidavit, Mr. Brock swears, after first stating that he has been Secretary-Director since ' August 5, 1965 and, was serving j-n that capacity in L967 when Lhe 1967 amendments were adopted and modified, that: 5. As best I recall, I did not deem these amendments +-o the State Constitution to be subject to the submission require- ments of 55 of the Voting Rj-ghts Act of 1965, at the time of their adoption, and theref ore, I d.id not sr:bmit the amendments to the Attonrey General of the United States Hon. William Bradford ReYnolds Mr. Gera1d, W. Jones October 22, 1981 Page Three approval or seek their aPProval bY United States District Court for District of Columbia; Moreover, the Attorney General of the State, in his Iqemorandum of Mootness admits the failure and merely pleads that it was excusable on the ground that "Failure of the Stat.e to submit these con- stitutional provisions for approval pursuant to 55 of the Voting Rights Act was at least under- standable. " Furthermore, the legal papers filed by the Attorney General of North Carolina states definitively that "the State chooses not to contest plaintiffs' contention that these provisions should have been submitted. " for the the The above demonstrates that there is no rational basis for your tentative conclusion that the L967 amend.ments, which are the subject of this letter, have been previously cleared by your Department. rn additj-on to the above, there is a more serious reason why these amendments cannot be deemed to have been precleared by you when your Department, on April 20, 1971, precleared sections of the North Carolina Constitution as revised in 1969. That reason is made apparent by the Report of the North Carolina State Constitution Stu oqmiqsiql, p. 30 (1968), the Editors' Notes on the 1969 Revision of the Constitution, and a September 24, 1981 memoran- dum by John Sanders (excerpts of which are attached), submitled by the Attorney General of North Carolina in his Memorandum of Mootness. The Report of the Study Commission, sqpra, talks about both the 1967 amendments (ratified in 1968) and. the 1969 amendments (ratj.fied. in 1970 and approved, by you in 1971). The latterr ES the Report, gr:pra., makes clear' was merely a set of revisions of the former. The Report states that: Hon. William Bradford Reynolds Mr. Gerald. W. Jones October 22, I9B1 Page Four the provisions governing apportionmentof the two houses, adopted-by the peoplein November, 1969, have been brougfrt - forward in the proposed text with nosirbstantive change. ,, Report, p. 30 . rYoreover, as Mr. sanders makes clear in his memo-randum, the 1969 amendments ,,made only very rninorchanges in the provi-sions of Articre ir of theconstitution dealing with the apportionment ofthe senate and House of Represei.Latives" lsee-attached) . rn view of the abol'e, it is clear that the changesapproved. by your Department in tgTr with ,.=p.-i-to the 1969 amendments were made und.er tne alsumption,as supported by representations of the state of'Nnrth Caro1j,:aa, EhaL tshere were no subsEanEive cha+ges from tlre L967 qmerldmgnts to:ffiilF-ofrmend- mgn sfrssue of wnltner there were changes in the Lg67amendments which were different from those in theprior Constitution of the State. This view is further confirnned. b1, the introductory Constitution of the respect to the present state that: Session Laws L969, c. 1259 proposed a complete editorial revj-sion of LfreConstitution of North Carolina, to besubmitted. to the gualified voters of theState at the 1970 general election. Therevised Constitution was adopted. by voteof the people at the general electionheld Nov. 3, L970, to take effect July 1, L97t " At bestr. there were only ed,itorial revisions sub-mitted to you for approval in LgTl. and. those re-visions were submitted on the working assumption, Editors I Notes to the present ffi Carolinl wirh State Cmstitr.rLigr. Those Notes Hon. William Bradford Reynolds Mr. Gerald W. Jones October 22, 1981 Page Five shared by you and. the State, that the revisions constituted, no change from the then pre-existi-ng 1957 amendments. At no time, therefore, haveyou ever been presented, with an opportunity toconsider whether the changes aaoptea Uy thaLegislature in 1967 to the State Const-itution and ratified by the people of the State in 196g thad the purpose and effect of d.iluting minorityvoting strength and other:r,sise d,iscriminating against minority voters and citizens. To regard your L97l approval of the Lg6g amend- ments as tantamount to approval of the L967Constituti-onal Amendment, would thus present agrave Iega1 cri'sis concerning the proper ad,min-istration and implementation of 55: Accorgingry, w" do hop" that rou will re"onsid"= ht of thedisclosures of this letter. Chambers, Ferguson, Watt, Wa11as, Adkins & Fuller 951 S. Independence plaza Charlotte, North Carolina 2g2oz 7 0 4/37s-846L JACK GREENBERG JAT{ES M. NABRIT, III NAPOLEON B. WILLIAI4S, JR. I,ANT GUTNIER 10 Colunrbus Circle Suite 2030 New York, New york 10019 2t2/586-8397 '{kdmk. Leslie Winner