Order

    UNTTED STATES DISTRICT
EASTERN DTSTRICT OF NORTH

RALEIGH DIVISION

FILED
COURT

(t Ii r r lg84

CAROLINARICH LEO.NARD, CLERK
U, S. DISTRICT COURI

E. DIST. NQ. CA&

No.8I-803-CIv-5

RALPH GfNGLES, €t aI.,
Plaintiffs,

v.

RUFUS L. EDMISTEN, €t dI.,
De fendants .

ORD ER

Following the decision of this Court on 27 January 1984

declaring the election of four representatives for House Districr
No. 8 (WiIson, Edgecombe and Nash Counties) violative of Section 2

of the Voting Rights Act of 1965, ds amended, 42 U.S.C. S 1973,

Ithe Act], the North Carolina General Assembly enacted legislation
creating two proposed districts covering the same area, House

District No. 8, a three-member district, and House District No.

70, a single-member district. Defendants then submitted these

proposed districts to the Attorney General of the United States

for clearance as required by Section 5 of the Act. By letter dated

I October 1984 the Attorney General interposed an objection.
unress this objection is withdrawn or the pran is approved by the

United States District Court for the District of Columbia, no

election may be conducted in the districts as proposed.



Plaintiffs have moved the Court to adopt an interim plan

for the election of representatives from the affected area and to

establish a schedule of dates for the primary and election prior
to the convening of the GeneraL Assembly in February 1985.

Plaintiffs have particularly requested that the primary date for
said election be coincident with the general election to be held

on 6 November 1984. Defendants have responded, opposing all-

relief sought.

At a later date the Court will enter an order providing

for an interim plan for the election of representatives from the

area in question in four single-member districts and defining the

districts. Agreeing with defendants that it is impr:actica] to

hold the primary on 6 November 1984, that order shall also

establish primary and general election dates.

Accordingly, the parties are ORDERED to submit to the

Court not later than 5 p.m., 22 October 1984, a proposed interim
redistricting plan and election schedule which shalI provide for:

(a) four single-member districts; and

(b) a general election to be held not
Iater than 3l January I985.

Plaintiffs frdy, if they so desire, rely on proposals already

submi tted.



rhis JLoctober teo4.

J. DICKSON PHILLIPS
United States Circult Judge

FRANKLIN T. DT'PREE, JR.
United States District Judge

W. EARL BRITT
United States District Judge

By

FOR THE COURT

I crtl, the bregoihg fo De a true ad
corect copy of tha original.

J. Rich Leonar4 Clerk
United States District Court
Eastegr Distrig,,gf North CarotinaBywww