Correspondence from Hodgkiss to Berrien re: NC redistricting

Correspondence
February 5, 1998

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Correspondence from Hodgkiss to Berrien re: NC redistricting preview

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Impact area
- Political Participation
Topic
- Redistricting
Matter
- Cromartie v. Hunt (Daly v. Hunt)
Case
- Cromartie v. Hunt (Daly v. Hunt)
U.S. state
- North Carolina
Collection
- Case Files
Taxonomy
Identifier
- 282d22c3-d90e-f011-9989-002248226c06

Cite this item

Case Files, Cromartie Hardbacks. Correspondence from Hodgkiss to Berrien re: NC redistricting, 1998. 282d22c3-d90e-f011-9989-002248226c06. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/5610f5d7-2deb-41ff-9d56-7a771a8a9731/correspondence-from-hodgkiss-to-berrien-re-nc-redistricting. Accessed October 30, 2025.

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ATTORNEYS AT LAW
JAMES E FERGUSON. II SUITE 300

ADAM STEIN 312 WEST FRANKLIN STREET

FERGUSON, ® WALLAS, ADKINS, Sresta"l >= P. A.

SUITE 2 - FRANKLIN SUITES

JONATHAN WALLAS 741 KENILWORTH AVENUE CHAPEL HILL. NORTH CAROLINA 27516 ARL ‘Romie CHARLOTTE. NORTH CAROLINA 28204 TELEPHONE. (370) B22. 5S00
JOHN W GRESHAM TELEPHONE (704) 375-8461 TELECOPIER (919) 967-4953
GERALDINE SUMTER TELECOPIER (704) 334-5654
THOMAS M STERN

C MARGARET ERRINGTON IN CHAPEL HILL
ANITA S HODGKISS ADAM STEIN

S LUKE LARGESS THOMAS M STERN

NOELL P TIN

JAMES E (JAY) FERGUSON. 111

REBECCA A THORNE

OF COUNSEL February S, 1998
HENDERSON HILL

Ms. Jackie Berrien

NAACP Legal Defense Fund

99 Hudson Street, 16th Floor

New York, New York 10013

Re: Cromartie v. Hunt, Eastern District of North Carolina

Civil Action No: 4-96-CV-104

Dear Jackie:

Enclosed is a copy of the following documents:

l. Richard Engstrom’s supplemental report for us on the polarized voting analysis of
Harvey Gantt’s November, 1996 general election for U.S. Senate;

2. A copy of the written statement that we provided to the North Carolina
Legislature during the remedial redistricting process in February, 1997;

3. A Chronology of North Carolina Redistricting that was prepared by Bill Gilkeson
(he was deposed in the Shaw case). This is a fairly good summary which I thought might be
helpful to you;

4. A copy of Robinson Everett's Motion for Preliminary Injunction in Cromartie
with affidavits and brief; and

5. A copy of the list of congressional candidates in North Carolina.

I am working on coordinating with the State to determine what evidence we can put together on
the injunction motion. I will talk with you again before you leave for Coca Beach.

Sincerely yours,

Anita S. Hodgkiss
ASH:cfd

Enclosures

MAILING ADDRESS: POST OFFICE BOX 36486. CHARLOTTE. NORTH CAROLINA 28236-6486

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02/02/98

01/07/98

01/08/98

02/02/98

01/14/98

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01/21/98

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US House

1998 Candidate Filing

District/Seat

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Wednesday, February 04, 1998

Party Last Name

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Ayers

Carmack

Edwards

Gay

Martin

Robinson

Scarborough

Faircloth

Franks

Plyler

Mercer

Kratzer

Power

Tyler

Etheridge

Page

Skillen

Moore

Williams

Jones

McKinney

Price

Roberg

Burr

Coble

First Name Middle

Robert

James

John

Gene

Mike

Ella

Lauch

Steve

Leonard

Eva

Linwood

Duane

Jerome

Ted

Bob

Dan

Richard

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Jon

Waller

Ralph

David

Tom

Richard

Howard

Junior "Bob"

Everette

Neal

Suffix Address

Jr.

212 Eim St.

333 Esplanade St.

3323 Alleghany Di.

5913 Amity Springs Dr.

313 Counlry Club Rd.

140 Leslie Court

1119 Worcaster Place

P.O. Box 496

290 Tianquitty Pl.

650 Shiloh Rd.

59 River Road

300 Hillcrest Dr.

3614 Gosford Gate

233 Saddlevee Rd.

434 W. Jackson Sl.

Rt 6 Box 534

138 Bailey Rd.

902 Richardson Rd

1896 New River Inlel Rd.

106 Cassedale Dr.

302 Hilicres! Dr.

500 Fairfied Rd.

106 Collins Rd.

2108 Prescott Place

2634 Forest Dr.

5741 L Bramblegale

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Swansboro

Charfolle

Raleigh

Charlotte

Chapel Hill

Advance

Charlolle

Clinton

Flat Rock

Statesville

Littleton

Famville

Greenville

Oxford

Rich Square

Lillington

Coals

Garner

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Farmville

Durham

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Cole

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Mel

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1701 N. Chestnul St.

1126 McAlister Rd.

2414 Rollinghill Rd.

44696 Old Whitney Rd.

437 Briarwood Pl. SE

3216 Chaucer Dr.

8315 Freeman Dr.

310 West 8th SI.

867 20th Ave. Di. N.W.

172 Wembley Rd.

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515 N. Poplar St

630 Waters Rd.

3023 W. Old Hwy 64

104 Balhgale Lane

2112 Shepan St.

11800 Biack Horse Run

403 Old Snow Hill Rd.

105 Tolliver Court

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104 W. Gale St.

10 Halsey Bay Rd.

100 Summerhaven Ln

102 Cherrywood Dr.

147 Fulchers Landing Rd

1406 Cando Place

3533 Asler Cl

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A CHRONOLOGY OF

NORTH CAROLINA REDISTRICTING

IN THE 1990s.

William R. Gilkeson

Staff Attorney

Research Division | |

Legislative Services Office January 1998

Date Te Tye i grog XS bo 2
-

House. «fet > uly [Senate SRAER AE TRE CR [Congressional Bp ER URE SECIS EN
January 30, 1991 1991 North Carolina General Assembly convenes. hw TI (BD) elected first black Speaker of ihe House. [lenson Pos

(WD) elected President Pro Tem of Senate. House is 81-39 Democratic, with 14 black members and one Native-American

member. Senate is 36-14 Democratic with 5 black and no Native-American members.
TREATS pt duel EE
weg a

MR TCT se a ke ¢ . Pa 2 yom : « : 5 rn

February 4, 1991 President Pro Tem appoints Senate Redistricting Committee: Sen. Dennis J. Winner (WD) chair, Sen. Russell Walker (WD)

chair of Congressional Subcommittee; Sen. Joseph E. Johnson (WD) chair of Legislative Subcommittee.

War Few oe 2 “a - SLRS $ * $ wa LE TE Ih 2 17 Bands x ‘ ‘ : 2 hy ty

February 6, 1991 Sen. Winner introduces SB 17 as Sen. Winner introduces SB 16 as blank bill for

blank bill for Senate redistricting. congressional redistricting.
WAL LE a RE a3 CSETRAL SERIE TR ERNE Ee

REA pF #98 ER

SX 14, 1991 ISU meeting of full Senate Redistricting Committee. Chairman Winner says process should be completed by end of long session.

Calls for six regional hearings within next 30 days.

Whapny Ewin NA RT PERCE . dw . » 23
Hp IER IE SRA EER TRI IS C4 DONE ' | : $ : | Sy :

B cbruary I8, 1991 P.1.. 94-171 data arrives from U.S. Census Bureau on computer tape.
Gr’ S E Ra la “Wt ¥ 5 hig. E ER; : TF. ps 2) 5% rE Tre” SFr re, i Ser | or, :

F chruary 2 22, 1991 Notices sent to media for Senate regional public hearings.

4 Nad RA ¥ a | | : ; x

F or 26, 1991 Notices sent to mayors for Senate regional public hearings. Some notices sent February 27.

2nd meeting of full Senate Redistricting Committee. Chairman Winner urges members to work on designing plans, if they wish,

but not to bother staff, which is loading Census data on computer. Mentions need for criteria for redistricting process.

i) ix of NAEE Lh RT PE ao : ES EE 2 | f : ; 11

March I 1991 : Senate regional public hearing held in Elizabeth City.

a4 ih ol £4 pi £88 Her £87 Pibileis] ix WES 5.5% : : : | :

March 7, 1991 Speaker appoints two House committees on redistricting:

e Congressional Redistricting; and

e Local and Legislative Redistricting.

Each committee has the same 3 co-chairs, Reps. Edward C. Bowen (WD), Milton F. (Toby) Fitch (BD), and R. Samuel Hunt

(WD).
AE Eh
March 11 1991 Senate regional public hearing held in Greensboro.

It joint meeting of House Redistricting Committees. Orientation, presentation of timetable for redistricting, presentation of 7

sites for regional public hearings. Williamston added as 8!h site by vote of committee. Proposal for Salisbury as 9th site not

adopted, but Statesville later added by Co-Chairs as 9th site.

Phe gimmie on Bl UE GE dy 1 og) : El : : REE PIRI Se Se SA SR § pre « Can y «

March 14, 1991 Senate regional public hearings held in Asheville and Charlotte. Notices begin going out for House regional public hearings.

a ETE bo iE

House Hi We vr or a i Senate " |Congressional “=~ 7 i

March. 15, 1991
EY OE rr a A oo 8 SAL HM NS 7 Ad Lat J oy sad BG 20% ARE A EEN PIII

He wag 3 4 Bs Sa re
¢ $55 15: he a, . t y

Senate Tegional public hearing WE in Wilmington.

March 15, 991 Senate regional re hearing held in Wilson.

" “ . Fay » .

| iT

March 2, 199 I 20d joint meeting of House Redistricting Committee. Overview of legal requirements by counsel.

Fs TET 1991 House regional public hearing held in Jacksonville.

Senators Winner and Walker visit N.C.

Congressmen in Washington.

March 25, 1991 Joint Redistricting Computer and Public Access Plans signed by Speaker and President Pro Tem.
A ER Rr BS EE RE | : j :

March 26, 1991 House regional public hearings held in Rocky Mount and Winston-Salem.
# i
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March 27. 99 | House regional public hearing held in Fayetteville.

3d joint meeting of House Redistricting Committees. Presentation on Census data and computers by Gerry Cohen, Director of
Legislative Drafting.

ri cir r 41 oy - : BU }y doy yon : ,
EH LR 45. IL" 0 ANT " 4 a

£4

Aor 3, 991 3d meeting of full Senate Redistricting Committee. Meeting schedule set. Proposed Redistricting Committee procedure adopted.

Co-Chairs and Vice Chairs of House Redistricting Committee meet to review computer access plan, committee procedure, and
schedule of committee meetings.

Proposed criteria for Senate presented.

Amendment by Sen. Cochrane (WR)

to "maintain the integrity of political

units" adopted. Staff directed to
include her amendment in new draft.

House regional public hearings held in Chapel Hill and Williamston.

7 one-hour orientation sessions begin to be held by computer staff for members of House Redistricting Committees. They

BRAD Go NAN 3 3 3
oe pag Rois I a + i od fe SS Gn he Ty Se 4 < Fo

continue through April 12.

House regional public hearings held in Statesville and Gastonia.

House regional public hearing held in Asheville.

Full Senate Redistricting Committee

adopts criteria for Senate

redistricting.

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April 17, 1991

Scnate and House Redistricting Committees

meet jointly, adopt criteria for congressional

redistricting. No amendments proposed.
April 24, 1991 House Legislative and Local Redistrict ing Committee meets to consider local

Ba go WT ERE TREY RSE ag, ly

bills.
April 26, 1991 General Assembly's computer software

Census Bureau's TIGER files.

for redistricting released for use. Through February, March, and April, staff had cleaned
and loaded P.L. 94-171 data, and had added 21 counties to the 48 counties whose voting precincts were contained in the

TO OT TR
Cr dee § BR,

Computer training begins for legislative staff. Continues through April 29, 1991.

April 30, 1991 Senate Legislative Redistricting

Subcommittee hold organizational

mecting.

Senate Congressional Redistricting

Subcommittee meets. No plans presented.

£70 % ney Ny I v FIRE TATE ley ENTE

ARE 22° Boy A GS LR
1

Sen. Winner and staff discuss arrangements.

May 1, 1991 House Legislative and Local

Redistricting Committee considers

draft of criteria for redistricting the

House. Committee rejects

amendment by Rep. Larry Justus

(WR) to forswear any intent or effect

to dilute the voting strength of any

group and not to favor incumbents.

Rep. George Holmes (WR) presents

amendment not to split political

units, to be compact, and to preserve

communities of interest — but no vote

taken. :

hE 3 EN Tog Cy Uy oT ME Ee a tae
PHO SEAM AELS
May 2, 1991 Computer access policy amended so that all legislators could be computer-trained, and so that public-access terminal hours are

BR PoE

expanded from 20

Xo oq

hours a week in one-hour slots to 40 hours a week in four-hour slots.

Computer training for staff, coun sel, and Committee chairs and vice chairs begins. Continues through May 6, 1991.

May 3, 1991

May 7, 1991 Scnate Legislative Redistricting

Subcommittee meets, discusses

computer-access plan.
Senate Congressional Redistricting

Subcommittee meeting held. No plans offered.

Meeting lasts 10 minutes.

& ne Pekan | iw © de

ERNE 20 RS “5 [House sf Maps Senate :. . 8 Congressional El LE TE ve
May 8, 1991 House Legislative and Local

Redistricting Committee meeting

cancelled.
BNE eT A Der: nl FEE iNT oF Eo ria Eb .
May 14, 1991 Senate Legislative Redistricting

Subcommittee meets to receive plans

from public. Receives plans to

redistrict Senate from:

e ACLU.

e Wake County GOP.

e Former Sen. Connie Wilson, WR-
Mecklenburg, about Mecklenburg

districts.

RE OR Rhy, ee gheeas Pi
gt. VIER pf . nal SLED |

Fw 4 3 g ILE Faas And
4 i E $ 5

May 15, 1991 Joint Senate and House Public Hearing on

Congressional Redistricting held in

Auditorium of State Legislative Building.

When no one responds to offer to speak,

FERRER XS
LRA baat Der obs HEV Tu TE Te a I EE er I a vi fear ARE Ro %, y A Zi x

¥
i 5 » Te LAF Yighmal 3 STR ENE TR

hearing adjourned after 5 minutes.
x 2%

May 16, 1991 House Legislative and Local

Redistricting Committee adopts

criteria after rejecting these

amendments:

o#1 Holmes. Should not split

municipalities.

¢#2 Holmes. Should preserve

communities of interest.

¢#3 Justus. No intent/effect to dilute

political parties.

e#4 Brubaker (WR) All single-

member districts unless conflict with

Subcommittee meets for 30 minutes.

No plans offered. Voting Rights Act.
: Fo Ses Tr BTR Ps dg >= A CoE, TRA Me : or 2 ; ;

May 17, 1991 Computer training for all Icgislators other than Committee leadership. Continues through May 20, 1991.

May 21, 1991 Senate Legislative Redistricting Senate Congressional Redistricting

Subcommittee meets. No plans presented.

Sen. Winner says leadership may submit plan

within two weeks. Meeting adjourns after 15

minutes.

Hy NS TREY plate 0 INTER la Te A
Be Coad BEER LN Ra SE J House # ::: Senate Congressional
May 22, 1991 House Legislative and Local

Redistricting Committee meets to

hear plans from public. Native

American PAC proposes 3 single-

member districts in

Robeson/Hoke/Scotland, one with

LLumbee majority. Former Rep. Joy

Johnson (BD) and other black

speakers oppose 3 single-member

districts for those counties, defend

current three-member district.

Announcement made that public will

be welcome to present plans at any

committee meeting before June 9.
| I
‘ 2

May 28, 1991 Senate Legislative Redistricting

Subcommittee meets for 10 minutes.

i “Hi, R73 sen § REE

No plans offered.

May 29, 1991 Rep. David Balmer (WR) unveils to media a

black/L.umbee-majority district along State's

southern border.

House and Senate co-chairs present "1991

CONGRESSIONAL BASE #1" at joint
meeting of House and Senate committees.

Senate Congressional Redistricting

Subcommittee, meeting separately, votes to

adopt "1991 CONGRESSIONAL BASE #1,"
refer it to the full Senate Redistricting

Committee, and present the plan at a public

hearing to be held June 13.

May 30, 1991 ITouse Congressional Redistricting Committee

discusses upcoming public hearing and

SI ees BS EI RRR Raa Mee RUE YR EL
Sods SIR REL Ws a Ak RT
F Bpow FBO i {OSE AT 4 SEIN

procedure for amending plan.

June 1, 1991 Notices mailed to media for public hearing on congressional plan June 13.

Bott
BART

SAA
2 Ege Piaek wiih ~, Ta AE House +. .. Senate Congressional’ =i said Eng
June 3, 1991 "1991 CONGRESSIONAL BASE PLAN 7

presented to meeting of House Congressional

Redistricting Committee. Rep. Balmer

presents "BALMER CONGRESS 6.2,"
containing one black district and one

black/Lumbee district. Rep. Peggy Wilson,

WR-Rockingham, presents amendment to

"1991 CONGRESSIONAL BASE #1"

pertaining only to 5th, 6th, and 12th districts,

seeks to update that to fit "1991

CONGRESSIONAL BASE PLAN #2."
A TF BR Bao
PREY) WA Pl fle fly

SO BD ERTT

June 4, 1991 Sen. Winner presents "Senate Base

#1" to Senate Legislative

Redistricting Subcommittee, which

adopts the plan after rejecting

amendment by Sen. James

Richardson (BD) to eliminate black

single-member district in

Cumberland. Sen. Richardson

offered the amendment on behalf of

Sen. Lura Tally idl Cumberland.

House Congressional Redistricting Committee

adopts "1991 CONGRESSIONAL BASE

PLAN #2" for presentation at public hearing

on June 13. Committee rejects motion by Rep.

Justus to present Balmer plan and updated

Wilson amendment.

Cy
® Jo I

June §, 1991

House Legislative and Local

Redistricting Committee meets on

local bills.

Maps on notices mailed to media,

courthouses, and boards of elections

for June 19 public hearing on

"Senate Base #1," with request that

maps be posted.

Full Sere felscing C ommittee meets on floor of Senate. amends procedure concerning time between presentation of plan
and public hearing.

Maps for June 13 public hearing mailed to

courthouses and boards of elections offices in

every county, with request that they be posted

beginning June 7. Maps are included for both

"1991 CONGRESSIONAL BASE #1" and

"1991 CONGRESSIONAL BASE PLAN #2."

SPER HR 8 i Vig ¥
e 5 fa

RHE 1

in 1991 House Legislative and Local

Redistricting Committee meets on

local bills. Ted Stone (white) of

Durham speaks concerning districts for Durham County.

Sia dy Te by oY toi I
Bel JF ah aE A plas SERRE

Shall

House Senate Congressional
June 11, 1991 House Legislative and Local

Redistricting Committee meets on

N25 800%. 083 i pags) Foi Bare LR i RIE” APE hh uo (5 SMC

local bills.

PETERS:
iy toe

June 12, 199] | House Legislative and Local

Redistricting Committee meeting

cancelled.
RB Ne FLA

$% Aad £1 Pigk
Ges pnt “ppg

EME

June 13, 1991 Co-Chairs present "1991 HOUSE

BASE #1" to House Legislative and

Local Redistricting Committee.

Public notices mailed for public

hearing on that plan June 21, 1991.

Public hearing held in Auditorium of State

Legislative Building on "1991

CONGRESSIONAL BASE #1" and "1991
CONGRESSIONAL BASE PLAN #2." Rep.
Justus presents his congressional plan.

Representatives of some counties & cities

object to splits. Representatives of NAACP,

Black Leadership Caucus, & Republican Party

speak.

Four Republican Congress Members from N.C.
send letter to U.S. Justice Department, asking

for federal intervention in the redistricting

RIN ah § pe CR 8 fe BT BS. WR cme. Foal pi LANNE nt Te XT Gy $2 4 xar we FAG
Z CR ARE 57 RE Blin Rh SHAS

PE © Kans Apye
Tass 8a

process to prevent minority voting strength.

June 15, 1991 N.C. Legislative Black Caucus holds statewide meeting in Raleigh. Co-Chairs Fitch and legislative counsel discuss redistricting.
Loig °F

ELC LIX) Mod (SRC aE PR

June 17, 1991

Fon RUE

Rep. Bowen introduces 11B 1303.

June 18, 1991 Sen. Leo Daughtry (WR) introduces

SB 959 ("DAUGHTRY SENATE
PLAN 6/17-91").

Joint House/Senate Congressional meeting

cancelled.

"1991 CONGRESSIONAL BASE PLAN #3"
presented and adopted by Senate Redistricting

Committee. It is committee substitute for SB

16. Sen. Winner says that the final plan will

probably be worked out between Senate and

House in conference committee.

June 19, 1991 Public hearing held on "Senate Base #1." Joint House/Senate Congressional meeting cancelled.

EF ERA SRR YN Vl Ape
EAs LE REAR

- Foghat House 5, 3, 5% Ti «0 Senate : Congressional
June 20, 1991 "1991 CONGRESSIONAL BASE PLAN #4"

presented to House Congressional

Redistricting Committee.

"1991 CONGRESSIONAL BASE PLAN #3"
(SB 16) passes second and third readings in
Senate.

% I RI I TE RY
BOSRAS R

Ee rm
FE TIIINELL SER

June 21, 1991 Public hearing held in Auditorum of

State Legislative Building on

"HOUSE BASE PLAN #1."

"1991 CONGRESSIONAL BASE PLAN #4"
adopted by House Congressional Redistricting
Committee as committee substitute for SB 16.
Committee rejects:

¢ "Balmer Congress — Block Level" (a

refinement of "BALMER CONGRESS

6.2");
* "rep. Justus's cong plan" (S16-PCSRR-10);

and

* Another updated plan from Rep. Wilson,

S16-PCSRR-11.
SE RE EE IE ere # GEER DAMEN A
June 25, 1991 louse passes SB 16 ("1991

CONGRESSIONAL BASE PLAN #4") on
second reading, after rejecting Balmer floor

amendment (Amendment #1).

ER FO TR ng IER ws a
7 i EMO asad? imptin iio a

June 26, 1991

Sen. Winner presents "Senate Base

#2" to Senate Redistricting

Committee. The Committee rejects:

¢ Cochrane amendment for a 2-

member district in

Davie/lredell/Rowan; and

* "DAUGHTRY SENATE PLAN

6/17/91," containing 8 minority

districts.

Committee adopts amendment

offered by Sen. Johnson (the

Subcommittee Chair) to switch 2

precincts in Cumberland. Committee

then gives favorable report to

committee sub for SB 17,

incorporating Johnson amendment.

The plan reported is "SENATE BASE #3."

House passes on third reading SB 16 ("1991

CONGRESSIONAL BASE PLAN #4"), after

rejecting Justus floor amendment

(Amendment #2).

$5 o wg tpg PEEL GR adel Al 0 =... [House Senate Congressional
June 27, 1991

Senate fails to concur in House committee

substitute for SB 16.
Yo dh ey 7

June 28, 1991 President Pro Tem appoints Senate conferees

RAUL LE any PLE) aay

for SB 16.

i
July 2, 1991 Senate passed SB 17 on second

reading after rejecting those floor

amendments:

e #1 DAUGHTRY SENATE PLAN

7/1/91," revised from earlier

Daughtry plan with new minority

district in Southeastern N.C.

e #2 Richardson, higher black

percentage in the Mecklenburg

minority district.

e #3 R.L.. Martin (WD), lower black

percentage in District 6 (Pitt).

e #4 Daughtry, affecting Districts

11/14/15 in Johnston/Franklin.

Speaker appoints House conferees on SB 16.

July 3, 1991 Co-Chairs present "HOUSE BASE

PLAN #2," with "Addendum 2A." to
House Legislative and Local

Redistricting Committee.

Senate passes SB 17 on third reading

after rejecting Amendment #5 by

Sen. Speed (WD) affecting Districts

11/14 in Johnston/Franklin.

Chairs of conference committee on SB 16

present "1991 CONGRESSIONAL BASE #5"
to conferees. After making adjustments

involving Johnston, Rockingham, and Stokes

counties, conferees approve the plan, which

becomes "1991 CONGRESSIONAL BASE
#6."

odes

July 4, 1991 Senate approves conference report on SB 16

5 Rr an Rr EI RE Seog EIA Re BR CRE a ae Te 5 ELA a iS OR

("1991 CONGRESSIONAL BASE #6").

July 8, 1991 House Legislative and Local

Redistricting Committee meeting

cancelled. Rep. Balmer moves to suspend rules so that 11B

1310, creating 2 majority-black districts,

could be given first reading. Motion fails.

House approves conference report on SB 16

("1991 CONGRESSIONAL BASE #6").

by House Chir ETRY od
> |Senate - Congressional i; "piers 5

House Legislative and Local

Redistricting Committee gives

favorable report to HB 1303 ("1991

HOUSE BASE PLAN #3") afer
rejecting amendments by:
eRep. Brawley WR (on behalf of

Rep. Church, WD-Vance), for a 3-

member district in Vance/Granville.

eRep. Hege, WR-Davidson, for

Davie/Davidson changes.

eRep. Justus, affecting Districts

35/83 in Rowan.

eRep. Robinson (WR), on behalf of
Rep. Pope (WR) for a statewide

plan with 23 minority seats ("N.C.

House 119 Districts V2").

eRep. Gist, BD-Guilford, for 2 black

districts in Guilford.

SB 16 ratified as Session Law Chapter 601.

Pan ml Tey IATL
Ate RAAT Fd ET (+84

¥
PAI RE PIL SAR I 5 fo fin
eho SE JEU. Te oR PEE 4

July 10, 1991

IFull House passes HB 1303 on second

reading, after rejecting these floor

amendments:

o#1 Pope, statewide plan with 23

minority seats.

o#2 Decker (WR), Districts 73/84 in

Forsyth/Guilford.

o#3 Flaherty (WR), District 46,

Caldwell.

o#4 Hasty, WD-Robeson, Dist. 16,

Robeson, Hoke, Scotland.

#5 Jones, WD-Pitt, Districts 8/9 in

Pitt.

¢#6 Pope, minority district in

Union/Stanly.

o#7 Hege, WR-Davidson, Districts

37/74 in Davidson, Davie,

Randolph.

o#8 Wilson, Districts 25/73 in

Rockingham.

o#9 Gist, Dists 26-29/89, Guilfrd.

Rep. Hege introduces HB 1311.

AES hao 1 3 ret »% 3 id Sh

HELE House ° Senate Congressional
July 11, 199] Full House passes HIB 1303 on third

reading after rejecting these

amendments:

#10 Gardner, WR-Rowan, Districts

35/83, Rowan.

o#11 Rhyne (WR), Districts 10-

14/96-99, minority districts in

Southeastern N.C.

and after approving Amendment #12

House Legislative and Local

Redistricting Committee adopts of

technical amendment and gives a

favorable report to SB 17.

SRR RG HBLN say
LUT TAIL re f 13
EF Pea gh 58 aig AEP A 9

(technical, offered by Rep. Fitch).

July 12, 1991 Full Senate Redistricting Committee

gives HB 1303 favorable report after

rejecting one amendment:

eSen. Shaw, WR-Guilford, identical

to Gist floor Amendment #9 in

House.

Senate passes HB 1303 on second and

third readings.

House approves Committee's technical

amendment and passes SB 17 on

second and third readings.

Senate concurs in House technical

amendment to SB 17

gon bi Fa Tatite ve 2.

EX FL
¢

July 13, 1991 HIB 1303 ratified as Session Laws SB 17 ratified as Session Laws

Chapter 675. Chapter 676.

July 16, 1991 1991 General Assembly adjourns until May 26, 1992.

August 26, 1991 House Plan submitted to U.S. Justice

Department for preclearance under

3 oi Peso * wad 0 2 Le 3

HS ERR SEN

Section 5 of Voting Rights Act.

September 3, 1991 Senate Plan submitted to U.S. Justice

Department for preclearance under

A aed 5 Foe i SLE
Ro % PEGA La wget pm WS. Suny

Section 5 of Voting Rights Act.

September 28, 1991 Congressional Plan submitted to U.S. Justice

Department for preclearance under Section 5

of Voting Rights Act.

ThA Rar grinded Eh ec RPh $ « Ftp hoky weit House [Senate Si : [Congressional = 7
November 1, 1991 Daughtry v. State Board filed in U.S. Middle District Court (N.C.). Plaintiffs, all Republican legislators, challenge as

unconstitutional the three redistricting plans and ask the court to take over the redistricting process. Plaintiffs also challenge as
against the U.S. Constitution the one-year residency requirement for legislators (Art. 11, Sections 6 and 7 of N.C. Constitution.

in Bo w= ho Re Rar
rey 3 2B LEE AS LF ER en TIT

December 18, 1991 U.S. Justice Department sends letter interposing objections to State House, State Senate, and Congressional plans.

December 20, 1991 Governor calls Extra Session of General Assembly to revise the three redistricting plans and to postpone the filing period for
candidates. (Statute says filing must begin January 6 and end February 3.)

Rep. Thomas Hardaway, BD-Halifax, meets

with John Merritt, staff to Congressman

Charlie Rose WD-N.C., at Howard Johnson's

in Gold Rock, N.C. Hardaway presents to

Merritt "OPTIMUM II-ZERO," a revision of

"BALMER 8.1" with two majority-black

districts, one urban and one rural. Merritt

shows plan to Democratic N.C. congressional

delegation. After further revisions, it is

presented at public hearing January 8, 1992 by

Xo uke wet. . TEE

Loa to& $8 A

Mary Peeler, State Director of NAACP.
$d

December 30, 1991 Extra Session of General Assembly convenes. It ratifies SB 1, Chapter 1 of 1991Sess. Laws, Extra Session, postponing filing

period until February 10-March 2. Session recesses until January 13, 1992.

Announcements sent to Senators and House members informing them of meeting and public hearings to be held during week of
January 6 through 10.

Reps. Fitch, Bowen, and Hunt Sen. Johnson introduces SB 2. Sen. Walker introduces SB 3.
introduce HB 2 as a blank bill.

Sen. Daughtry introduces SB 5. Reps. Fitch, Bowen, and Hunt introduce HB 3.
Rep. Pope introduces HB 5 and HB 6.

Rep. Balmer introduces HB 8, HB 9, HB 10,

and HB 11, all different attempts to draw

plans with two minority districts.

“% [House [Senate [Congressional $ ) Be
Bie 31, 1991 Notices to media and io groups are completed for separate public hearings to be held January 8, 1992 concerning House

Senate, and congressional redistricting.

| January 7 1992 House Legislative and Local

Redistricting Committee meets.

Rep.Gist presents proposal for 2

black single-member districts in

Guilford. Rep. Pope presents 102-

34 y i % 25 . JN £ oat vi ky

district plan with 26 minority seats.

ty 3. 1992 Public hearing held in Raleigh on

House redistricting.
Public hearing held in Raleigh on

Senate redistricting.
Public hearing held in Raleigh on congressional

redistricting. Mary Peeler, State Director of

NAACP, presents plan with two minority

districts:

eUrban Piedmont; and

eRural Eastern N.C.

(Peeler plan is later entered in General

Assembly's computer as "92 CONGRESS 1.")

Five N.C. Democratic Congressmen meet with

legislative leadership in Raleigh and urge

drawing two minority districts rather than

appeal to federal court Justice's rejection of

initial plan.

Speaker of House Dan Blue and President Pro Tem of Senate Henson Barnes expand hours on Public Access Terminal to
include evening weekday hours of 5-9 p.m. on January 8-18, and on Saturday, January 11.
i ey

January 9, 1992

House Legislative and Local

Redistricting Committee meets.

Committee votes to ask Co-Chairs to

draw House plan that revises only

those parts of 1991 Ratified Plan that
Justice objected to.

Senate Legislative Redistricting

Subcommittee meets. Chairs present

"1992 SENATE BASE #4." No
amendments offered. Subcommittee

gives favorable report as committee

substitute for SB 2.

Senate Redistricting Committee

meets. "1992 SENATE BASE #4"

explained. No amendments offered.

No vote taken.
House Congressional Redistricting Committee

meets. Rep. Justus presents plan with two

minority districts, "COMPACT 2-MINORITY

PLAN." No votes taken.

Senate Congressional Redistricting

Subcommittee meeting cancelled.

% [House =; Senate

January 10, 1992 House Legislative and Local

Redistricting Committee meeting

cancelled.

House Legislative and Local

Redistricting Committee gives

favorable report to HB 2 ("1992

HOUSE BASE #4"). The vote is 24-

9. It occurs after the Committee

defeats these amendments:

ellcge, defeated 11-21 (Pope's 102-

district plan).

eRobinson, WR-Caldwell, defeated

6-25, to merge the single-member

district and the 2-member district in

Caldwell, Burke, Mitchell, and

Alexander.

Full House passes HB 2 on second

reading. After defeating these

amendments:

e #1 Brawley, WR-Iredell,

defeated 27-88, to split the 2-

member district in Catawba,

Lincoln, and Gaston.

® #2 Robinson, defeated 36-76,

to merge the single-member

district and the 2-member

district in Caldwell, Burke,

Mitchell, Alexander.

Rep. Pope objects to third reading
being held on the same day, and the

vote to suspend the rules and

override his objection fails.

Senate Redistricting Committee

favorable report to committee sub for

SB 2. The Chair first presents "1992

SENATE BASE #5," changed from

BASE #4 only in Lenoir and Iredell.

The Committee adopts an

amendment from Sen. Marvin

shifting precincts in Gaston and

Lincoln, and that amendment is

incorporated into committee sub.

Full Senate passes SB 2 on second and

third readings. After defeating one

amendment:

e #1 Daughtry, defeated 15-34, to

create 2 single-member districts in

Southeastern N.C. he asserted were

minority districts,

and approving two technical

amendments:

e #2 llyde (WD), approved 49-0, and

e #3 Sands (WD), approved 50-0.

House Legislative and Local

Redistricting Committee gives

favorable report to SB 2.

Congressional

‘House t=” .|Senate Congressional

Full House passes HB 2 on third

reading. After defeating these

amendments:

*#3 Pope, defeated 34-79, to draw

102 districts with 26 minority seats,

o#4 Hege, defeated 35-70, to switch

one precinct in Davidson County,

o#5 Michaux, BD-Durham, defeated

39-77, to draw 3 single-member

districts in Durham,

*#6 Rhyne, defeated 35-75,

o#8 Beard, WD-

Cumberland, defeated 37-64, to

change one single-member district

and one 2-member district in

Cumberland to 3 single-member

districts,

and approving these amendments:

e #7 Russell (WR), approved 104-

4, to shift white incumbent out

of minority single-member

district, raising black percentage

in single-member district, and

e #9 Fitch, approved 105-1,

technical.

Senate Redistricting Committee

gives favorable report to HB 2.

Full Senate passes 11B 2 on second

and third readings.

HB 2 ratified as Chapter 5 of 1991

Extra Session Laws.

Full House passes SB 2 on second and

third readings. After adopting

technical amendment by Rep. Fitch.

An amendment offéred by Rep.

Rhyne is withdrawn. It embodied the

Daughtry plan.

SB 2 ratified as Chapter 4 fo 1991

Extra Session Laws.

Senate Congressional Redistricting

Subcommittee meeting cancelled.

TREE SR Re
ETAT LE
£04 Ce “ :* |House ':’ Senate Congressional
January 17, 1992 Chapter 5 submitted to U.S. Justice

Department for preclearance under

Sec. 5 of Voting Rights Act.

Chapter 4 submitted to U.S. Justice

Department for preclearance under

Sec. 5 of Voting Rights Act.

January 18, 1992
House leadership releases "1992

CONGRESSIONAL BASE PLAN #7" to
House members and to public.

Senate leadership sends copies of "1992

CONGRESSIONAL BASE PLAN #8" to

BB EY EUR TN Rv STR SRR Mele A 8
Senators.

January 21, 1992 House Congressional Redistricting Committee
meets. Members discuss "1992

CONGRESSIONAL BASE PLAN #7." Rep.
Flaherty presents "REP. FLAHERY'S

CONGRESS PLAN" containing 3 districts

sXe I a PE ey Bogor hia To 00% DAR EL

with large minority concentrations.

January 22, 1992

House Congressional Redistricting Committee

meets. Co-Chairs tell members they will make

some changes in "1992 CONGRESSIONAL

BASE PLAN #7" and present it at a

Committee meeting the next day.

Senate Congressional Redistricting

Subcommittee meets. Decision made that

“Senate will wait for House to pass a

congressional plan.

Senate Redistricting Committee meeting cancelled.

RTE Ar Yo
** |House .: Senate Congressional Shafer EY
January 23, 1992

House Congressional Redistricting Committee
gives a favorable report to an amended

version of HB 3. It is initially presented by

Co-Chairs as "1992 CONGRESSIONAL
BASE PLAN #9." The Committee then

rejected these amendments:

Decker, to take the 10th District out of
Forsyth and the 5th District out of Burke;

Flaherty, containing what he described as 2

minority districts and an influence district;
and

e Justus, to create two minorities districts with

the other districts allegedly more compact

than the leadership plans.

The Committee adopted one amendment by

Rep. Jones to move four Pitt precincts,

including his own, from the 2nd District to the

1st,

Full House passes HB 3 on second and third

readings. After defeating these floor

amendments:

® #1 Flaherty, defeated 40-71, same

amendment he offered in Committee.

e #3 Justus, defeated 35-72, same

amendment he offered in Committee.

e #4 Green, defeated by voice vote, to

return Pitt precincts — and Rep. Jones — to

2nd District.

(Amendment #2, offered by Rep. Kimsey

(WR), is withdrawn. It would have created an

advisory commission if the congressional plan

was denied preclearance.

Sa oR SUC Fa SRR. og ord we Vo neh Mal RE - Fn ag x pe 4 SSE PER RA [House vane +> |Senate Congressional =". Jas
January 24, 1992

Senate Redstricting Committee gives HB 3 a

favorable report. After defeating an

amendment by Sen. Daughtry that embodied

Rep. Flaherty's amendment in the House.

Full Senate passes HB 3 on second and third

readings.

HB 3 ratified as Chapter 7 of 1991 Extra

Session.
CREA ER Sh

AY LEY

February 6, 1992

Tih ged {Lh 8

U.S. Justice Department approves all three redistricting plans under Section 5 of Voting Rights Act.

Special filing period opens for candidates in all elections, according to SB I, Chapter 1 of Extra Session Laws. Period is set to
close March 2. (Ordinarily, filing period would have run from January 6 to February 3.)

February 10, 1992

February 28, 1992
Pope v. Blue filed in U.S. Western District

Court (N.C.), challenging constitutionality of

new congressional plan on grounds of lack of

compactness and respect for communities of

interest. State Republican Party is one of the

plaintiffs.

U.S. Western District Court grants temporary

restraining order. The order blocks the March

2 close of filing period for congressional

candidates until March 10 so that a hearing

can be held in Pope v. Blue.

gad ERR 7 ip
RE El To SR Se zB + os

March 2, 1992 Filing period closes for candidates for State [House and State Senate.

March 9, 1992 3-judge panel in U.S. Western District Court

dismisses Pope v. Blue as failing to state a

claim on which relief can be granted.

State Board of Elections closes filing period for

congressional candidates.

ro a ol A
ged ‘~ |House Senate Congressional
March 11, 1992

Chief Justice Rehnquist denics emergency

application for injunction and stay pending

appeal in Pope v. Blue.
[)

March 12, 1992
Shaw v. Barr filed in U.S. Eastern District

Court (N.C.) challenging congressional plan

for unconstitutional failure to respect

communities of interest. Plaintiff's attorney

Robinson O. Everett contends that Barr (U.S.

Attorney General) misinterpreted the Voting

Rights Act to require racial quotas in

representation.

ENE EC

April 27, 1992
3-judge panel in U.S. Eastern District Court

dismisses Shaw v. Barr on ground that it states

no claim on which relief can be granted. Also

rules that it has no jurisdiction over claim

against U.S. Attorney General. (Court issues

its opinion August 7.) Plaintiffs appeal to U.S.

Supreme Court.

. May 5, 1992

Of 19 seats in majority-minority

districts;

eBlacks win Democratic nomination

inl7,

eNative American in one

e White in one.

Black wins Democratic nomination

in one majority-white multi-member

district.

Of 7 majority-minority districts

(including District 30, where blacks

plus Native Americans equal a

majority),

e Blacks win Democratic nomination

ins,

e Whites in 2.

In addition, 2 blacks win Democratic

nomination in multi-member

First primary held under new redistricting plans. The following results occur in minority districts:

In Congressional District 12, Melvin Watt (BD)

wins Democratic nomination against 3 black

opponents.

In District 1, Walter Jones Jr. (WD), son of

retiring incumbent, is frontrunner with 37.4%

of vote, but faces runoff June 2 with Eva

Clayton (BD), who won 30.7%.

majority-white districts.

June 2, 1992
In District 1 runoff, Eva Clayton (BD) defeats

Walter Jones Jr. (WD) 54.8% to 45.2%.

Judge Ervin in U.S. Middle District Court dismisses Daughtry v. State Board as moot. ;

July 1, 1992

August 7, 1992 U.S. Eastern District Court issues opinion for

its April 27 ruling dismissing Shaw v. Barr.

FAS Con Sa Ts [House 7: Senate Congressional EE £8 ai
September 29, 1992 U.S. Supreme Court affirms dismissal of Pope

v. Blue.
November 3, 1992 First general election held under 1990s redistricting plans. Following results occur in minority districts:

HDS -- Howard Hunter (BD)

HD7 -- Dock Brown (BD)

HD8 -- Linwood Mercer (WD)

HDI17 — Nick Jeralds (BD)

Mary McAllister (BD)

HD21 -- Dan Blue (BD)

HD26 -- Herman Gist (BD)

1HD28 -- Will Burton (BD)

HDS9 -- Pete Cunningham (BD)

HD60 -- Howard Barnhill (BD)

HD66 -- Annie Kennedy (BD)

HD67 -- Pete Oldham (BD)

HD70 -- Toby Fitch (BD)

HD78 -- James Green (BD)

HD79 -- Wm. Wainwright (BD)

HD8S5 -- Ronnie Sutton (N-AD)

HD87 -- Frances Cummings (BD)

HD97 -- Jerry Braswell (BD)

HD98 -- Thomas Wright (BD)

SD2 -- Frank Ballance (BD)

SD6 -- R.L. Martin (WD)

SD7 -- Luther Jordan (BD)

SD30 — David Parnell (WD)

SD31 - Wm. Martin (BD)

SD33 - James Richardson (BD)

SD41 - C.R. Edwards (BD)

In addition, these black Democratic legislators were elected in multi-member,

majority-white districts: Mickey Michaux in HD23, Ralph Hunt in SD13, and

Howard Lee in SD16.

Total of 26 minority legislators is increase of 6 over the 20 serving in 1991.

Total of 19 minority House members

is increase of 4 over the 15 serving in

1991.

78 Democrats, 42 Republicans elected

to House. Shift of 3 seats from

Democratic to Republican.

Total of 7 minority Senators is

increase of 2 over the 5 serving in

1991.

39 Democrats, 11 Republicans elected

to Senate. Shift of 3 seats from

Republican to Democratic.

CDI

CDI12

-- Eva Clayton (BD)

— Melvin Watt (BD)

Total of 2 minority Congress members is

increase of 2 of the 0 serving in 1991.

8 Democrats, 4 Republicans elected to N.C.

delegation to U.S. House. The 1989

delegation was 7-4 Democratic.

December 7.1992 US. S Barr. upreme Court agrees to hear Shaw v.

EN AOR
rR us Fk

vi = [House Senate Congressional
April 20, 1993 U.S. Supreme Court hears oral argument in

Shaw v. Barr.
$path

June 28, 1993 U.S. Supreme Court reverses dismissal of Shaw

v. Reno (new name for Shaw v. Barr) and

remands to District Court. In 5-4 opinion,

Justice O'Connor rules that plaintiffs have

stated an Equal Protection claim where a

district plan is "so irrational on its face that it

can be understood only as an effort to

segregate voters into separate districts on the

basis of race, and that the separation lacks

sufficient justification." On remand, she says,

the District Court must consider whether it is

based on a compelling state interest, and if so

whether the plan is narrowly tailored to serve

that interest.
RT RT PE IE SEY

[9 &

September 7. 1993 U.S. Eastern District Court grants motion to

intervene as defendants in Shaw.. The motion

is filed by 22 black and white voters living in

and near Districts 1 and 12. One of the

defendant-intervenors is Ralph Gingles, who

was plaintiff in the landmark Voting Rights

Act lawsuit that overturned the N.C.

ROR ROR NSN SN eR hn Bg a iE
¥ Ss §

aT Ba
5 Chia Rav 5 »

legislative redistricting plan in the 1980s.

ber 3. 1993 U.S. Eastern District Court grants motion from

11 Republican voters to intervene as plaintiffs

in Shaw v. Hunt (new name for Shaw v.

Reno). Among the 11 are State GOP Chair

Jack Hawk and former Rep. Art Pope.

Motions to intervene are denied for State GOP

and Americans for the Defense of

Constitutional Rights (a group connected with

the Shaw plaintiffs).

_— vr m—— - ATI CERO LS i SAE Si TIGRE PINAR J Aa Ret A & “ [House =. 7: 4" Senate Fl Congressional: : Wi dria fe
March 1. 1994 U.S. Eastern District Court grants motion

allowing U.S. Department of Justice to file an

amicus curiae brief on behalf of the

defendants in Shaw v. Hunt.
TE ere rr rey
rg VAL + $04 DRT EI
rab um ong 2 {

March 9, 1994 U.S. Eastern District Court denies plaintiffs’

motion for preliminary injunction in Shaw v.

Hunt. Effect is to allow congressional

)
elections to proceed pending trial.

March 28 through April 4,

1994
Trial held in Shaw v. Hunt before 3-judge panel

in U.S. Eastern District Court in Raleigh.

Judges are Dickson Phillips, Earl Britt, and

Richard Voorhees.
St IH ¥ “ah

v shi ATs Baty a REA

April 18, 1994 3-judge panel in U.S. Eastern District Court

AE RAR ek ye Ga Tana Cr. hears oral arguments in Shaw v. Hunt.

May 3, 1994 Primary held under 1992 redistricting plans. The following results occur in minority districts:

Of 19 seats in majority-minority

districts, blacks win Democratic

nomination in 15, Native-American

in one, whites in 3. (Reps. Brown

and Green, both BD, both lose

primary to white opponents.) Blacks

win GOP nomination in 2 majority-

white districts.

Of 7 majority-minority districts

(including SD30, where Native-

Americans plus blacks equal

majority), blacks win Democratic

nomination in 5, whites in 2. In

addition, 2 blacks win Democratic

nomination in multi-member,

majority-white districts. One black

candidate wins GOP nomination in

multi-member majority-white

district.

Incumbent black Congress members re-

nominated without opposition in CD1 and

CDI2.

» IS p ” 5F sisi Hanks ? LT
¥en « ih

Hpi Sik oS
SE WTAE

August 1, 1994
3-judge panel in U.S. Eastern District Court

dismisses Shaw v. Hunt on remand. In 2-1

opinion, panel holds that plan is a racial

gerrymander, but that it is narrowly tailored to

serve a compelling state interest. Judge

Voorhees is the dissenter.

MR a LATS Say al a

House ~ [Senate [Congressional

Tha HR LL

November 8, 1994

HDS -- Howard Hunter (BD)

HD7 -- L.W. Locke (WD)

HD8 -- Linwood Mercer (WD)

HDI17 — Mary McAllister (BD)

Larry Shaw (BD)

HD21 -- Dan Blue (BD)

1HD26 -- Alma Adams (BD)

1HD28 -- F. Boyd-Mclntyre (BD)

HDS59 -- Pete Cunningham (BD)

[1D60 -- Beverly Earle (BD)

HD66 -- Larry Womble (BD)

HD67 -- Pete Oldham (BD)

HD70 -- Toby Fitch (BD)

HD78 -- Stan Fox (WD)

HD79 -- Wm. Wainwright (BD)

HD85 -- Ronnie Sutton (N-AD)

HD87 -- Frances Cummings (elected

as BD, but switches to GOP after

election)

HD97 -- Jerry Braswell (BD)

HDY98 -- Thomas Wright (BD)

Total of 18 minority House members

is decrease of one from the 19

elected in 1992.

68 Republicans, 52 Democrats elected

to House. Shift of 26 seats from

Democratic to Republican. First

GOP majority in House since Reconstruction.

Second general election held under 199( Js redistricting plans. Following results occur in minority districts:

SD2 -- Frank Ballance (BD)

SD6 -- R.L. Martin (WD)

SD7 -- Luther Jordan (BD)

SD30 — David Parnell (WD)

SD31 - Wm. Martin (BD)

SD33 — Charles Dannelly (BD)

SD41 —- C.R. Edwards (BD)

In addition, these black legislators are elected in multi-member, majority-white
districts: Mickey Michaux (BD) in HD23, Larry Linney (BR) in [D5],
Jeanne Lucas (BD) in SD13, and Henry McKoy (BR) in SD14.

Total of 25 minority legislators is decrease of one from the 26 elected in 1992.

Total of 7 minority Senators is the

same as the 7 elected in 1992.

26 Democrats, 24 Republicans elected

to Senate. Shift of 13 seats from

Democratic to Republican.

CD1 -- Eva Clayton (BD)

CD12 — Melvin Watt (BD)

same as the 2 elected in 1992.

Democratic to Republican.

Total of 2 minority Congress members is the

8 Republicans, 4 Democrats elected to N.C.

delegation to U.S. House. Shift of 4 seats from

House + ++ Senate Congressional «~~ +. Sa

U.S. Supreme Court agrees to hear Shaw v.

Hunt (hereinafter called "Shaw II") at the

same time it will hear Bush v. Vera, an appeal

by Texas from a lower court decision

invalidating Texas's congressional districts on

a Shaw-type gerrymandering claim. Also on

this day, Supreme Court upholds lower-court

invalidation of Georgia's congressional

districts on a Shaw-type claim (Miller v.

Johnson).

December §, 19
U.S. Supreme Court hears oral argument in

Shaw Il and Bush.

May 7, 1996

Primaries held under 1992 redistricting plans. The following results occur in minority districts:

OF 19 seats in majority-minority

districts, blacks win Democratic

nomination in 16, Native-American

in one, whites in 2. (Rep. Locke,

WD, loses primary to black

opponent.) One black candidate wins

GOP nomination in majority-white

district. Rep. Linney, BR, not

seeking renomination, is replaced by

a white nominee. Rep. Cummings

wins GOP nomination in majority-

black district..
Of 7 majority-minority districts

(including SD30, where Native-

Americans plus blacks cqual

majority), blacks win Democratic

nomination in 5, whites in 2. In

addition, 2 blacks win Democratic

nomination in multi-member,

majority-white districts. One black

candidate wins GOP nomination in

multi-member, majority white

district.

Incumbent black Congress members re-

nominated without opposition in CDI and

CDI2.

STG SS ¥ ately SEL hn men [House ir DoT re Senate x ..i wo [Congressional = Bel ots Sb Ge
June 13, 1996 U.S.Supreme Court reverses 3-judge panel in

Shaw 11. Chief Justice Rehnquist, writing for

5-4 majority, holds that:

e Only the plaintiffs living in the 12th district

have standing to challenge, so only the 12th

is invalidated.

Lower court was right in saying that race

was the main reason for drawing the odd-

looking district, and so State is subject to

strict scrutiny and must have used narrowly

tailored means to achieve compelling

interest when it drew the district.

Lower court was wrong in saying State used

narrowly tailored means for compelling

interest. Rehnquist discussed and rejected

the following as compelling interests:

|.Eradicating past discrimination — Lower

court rightly said that was not the real

reason.

2.0btaining Sec. 5 VRA approval — As with

Georgia, the U.S. Justice Department was
wrong in enforcing "maximization"
policy and State was wrong to comply.

3.Avoiding Sec. 2 VRA lawsuit — Not a valid

reason because compactness of minority

population is a threshold test for a Sec. 2

claim and no group has a compact

population in District 12.

Rehnquist does not remand case to lower

court or suggest remedies.

On same day, Supreme Court upholds

invalidation of congressional districts in

Texas. Justice O'Connor writes 5-4 opinion. In

concurring opinion not joined by all of

majority, she states guidelines: States may

intentionally use race in drawing districts, as

long as they do not subordinate "traditional

districting criteria" to race.

PCA BREED

Fay a EARS IE ETH

June 14, 1996
ilHouse Fog Ot fs * |Senate a Congressional + lio 3

xr Boy uf
vy i

House Speaker Harold Brubaker (WR) appoints

House Select Committee on Congressional

Redistricting, headed by Rep. Robert Grady

(WR).

on E§ apy
Ret 4 | .

July 3, 1996

. ith a

OE J ON URI I
RL wilde

it upon the defendant, the State Board of Elections.

Jack W. Daly files original complaint in Daly v. High, using a Shaw-type theory to challenge certain State House, State Senate,
and Congressional districts. He files the complaint in U.S. Western District Court in Statesville, but for months does not serve

Robinson O. Everett files Cromartie v. Hunt in

U.S. Eastern District of N.C., using a Shaw

theory to challenge the 15! congressional

district. Action in the case is later stayed

35 hy

July 8, 1996
Pol Sh dy

pending outcome of Shaw.

- .
a EX SE ha ry os TW Rg | ER ge en BLL NF

Senate President Pro Tem Marc Basnight (WD)

appoints Senate Select Committee on

Redistricting, headed by Sen. Roy Cooper

(WD).

Sen. Cooper writes letter to N.C. Attorney

General Michael Easley saying that it is not

feasible to redraw congressional districts in

time for new districts to be used in 1996

congressional elections.

Rr Ea

July 10, 1996 Senate Select Committee meets to discuss Shaw

decision and the feasibility of enacting a

remedial plan before the 1996 congressional

elections.

July 12, 1996

3-judge panel allows Shaw plaintiffs and

plaintiff-intervenors amend complaint to add

new parties and challenge District 1.

ae
Co A Son fy House

GF A Sg gaa
ga Senate

oy
Congressional 'v «oy Byun lie Ta et

House Rules C ommittee Chair Richard ren

(WR) releases a congressional redistricting

plan, "Congress-96-001", containing one

majority black district in northeast and one

ATE

a8 Fis a

majority black+Indian district in south.
pre 3 ra 0 agen REG

4 Sas ¢
ge RE ETE ht SR 6 Ch SR POR TE i RE RTL

July 19, 1996 3-judge panel issues order asking for opinions

of Speaker, President Pro Tem, and committee

leaders on whether it is feasible to adopt a

remedial congressional plan for the 1996

elections.

Senate says no.

House says yes.

adits pf nan HEN ced SRE ME BR di TS J § ple 3 A ¢ i

Seis 24, 1996 House Rules Committee conducts a public

hearing at which Rep. Morgan presents and

i Ae EA 3 or ai dukes Ws 8 5 Tire

explains "Congress-96-001".

July 30, 1996 3-judge panel issues order :

e Prohibiting State from conducting

any congressional elections after 1996

under existing plan.

e Allowing State to conduct 1996

elections under existing plan.

e Giving the General Assembly until

April 1, 1997 to propose remedial

plan.

fA ih Sa i HEE

September 29, 1996 Americans for Defense of Constitutional

Rights, a group connected with the Shaw

plaintiffs, announces it will award $1,000 to

anyone who can draw a majority black

congressional district that is ruled to be

compact by expert judges. (It is later

announced that $2,000 will be awarded to

anyone who can draw two majority-black districts that pass the compactness test.)

NN RI TI SE Jr

ATE ge OR RNY [House we a fom A [Senate Bony ! : [Congressional Lad A Ee oe

November 5, 1996 Second general election held under 1990s redistricting plans. Following results occur in minority districts:

HDS -- Howard Hunter (BD) SD2 -- Frank Ballance (BD) CD1 -- Eva Clayton (BD)

HD7 -- Thomas Hardaway (BD) SD6 -- R.L. Martin (WD) CD12 — Melvin Watt (BD)

HD8 -- Linwood Mercer (WD) SD7 -- Luther Jordan (BD) :

HDI7 — Mary McAllister (BD) SD30 - David Weinstein (WD)

Theodore Kinney (BD) SD31 — Wm. Martin (BD)

HD21 -- Dan Blue (BD) SD33 — Charles Dannelly (BD)

HHD26 -- Alma Adams (BD) SD41 - Larry Shaw (BD)

1HD28 -- F. Boyd-Mclintyre (BD)

HDS59 -- Pete Cunningham (BD)

HD60 -- Beverly Earle (BD)

HD66 -- Larry Womble (BD)

HD67 -- Pete Oldham (BD)

HD70 -- Toby Fitch (BD)

HD78 -- Stan Fox (WD)

HD79 -- Wm. Wainwright (BD)

HD8S -- Ronnie Sutton (N-AD)

HHD87 -- Donald Bonner (BD)

HD97 -- Jerry Braswell (BD)

HD98 -- Thomas Wright (BD)
In addition, these black legislators are clected in multi-member, majority-white

districts: Mickey Michaux (BD) in HD23, Jeanne Lucas (BD) in SD13, and

Howard Lee (BD) in SD16.

Total of 25 minority legislators is same as the 25 elected in 1994.

» Total of 18 minority House members |Total of 7 minority Senators is the Total of 2 minority Congress members is the

is the same as 1994. same as 1994. same as 1994.

61 Republicans, 59 Democrats elected

to House. Shift of 7 seats from 30 Democrats, 20 Republicans elected [Republicans and Democrats divide the U.S.

Republican to Democratic. to Senate. Shift of 4 seats from House delegation evenly, 6 and 6. Shift of 2

Republican to Democratic. seats from Republican to Democratic.

In Georgia, black Congress members Sanford

Bishop and Cynthia McKinney re-elected.

Their initial elections were to districts that

were majority black. Their 1996 re-elections

are to majority-white districts drawn by a

federal court in a Shaw-type lawsuit.

Ns BRE Rea te SAF rw 3 ARES EE we hess = |House © +i 5 Fo. ~~ [Senate [Congressional
A | 7. 1996 Study Committee on Election Laws Reform recommends that 1997 General Assembly propose a constitutional mr to

give redistricting decisions to an Independent Redistricting Commission. This would apply to congressional and legislative
redistricting beginning in 2001. The Study Committeewill report January 3, 1997, to the Legislative Research Commission.
The LRC will vote to transmit the request to the 1997 General Assembly. The proponent of the Independent Redistricting

Ry dR . ET
Fin 2 Rens 5 dag X kK

Commission, Rep. John Weatherly (WR), will introduce the Study Committee's recommendation Pebruary 5 as House Bil 52.

Magistrate jis gives plaintiff in Daly v. High until F ghruary 14 to oo hy the suit has not been served + on the defendant.

January 23, 1997

:
January 29, 1997 1997 Bond Assembly convenes. With House Fei majority of 61-59, Speaker Harold Brubaker re-elected. With Senate

Democratic majority of 30-20, President Pro Tem Marc Basnight re-elected.

Speaker Brubaker appoints new House

Committee on Congressional Redistricting,

chaired by Rep. Ed McMahan (WR).

President Pro Tem Basnight reauthorizes the

Senate Select Committee on Redistricting, still

chaired by Sen. Cooper.
gir tol oad ty od Tr vr Yeh Ale 09 3
February 5, 1997 Rep. Weatherly introduces HB 52, calling for a constitutional amendment to give an Independent Redistricting Commission,

rather than the General Assembly, the authority to redistrict State House, State Senate, and Congress. The amendment would
go into effect for the 2001 redistricting. The bill, similar to one Rep. Weatherly had introduced in 1995, was recommended by

i. PPYSIRrIay

the Legislative Research Commission's Study Committee on Election Law Reform.

February 10, 1997 Deadline for submission of plans in the contest

for compact minority districts conducted by

Americans for Defense of Constitutional

Rights.
4 PRR

# Si

F Ll 12, 1997 House CR Committee holds first meeting, hears

from Edwin Speas, Senior Deputy State AG,

on the Shaw litigation.

” T 2,

F200 [House >on

ER Ara fae op Senate Congressional “i
es 13, 1997

Rep. Mickey Michaux COX; ei from

House Redistricting Committee by Speaker.

Replaced by Rep. Toby Fitch (BD). Speaker

Brubaker says change was made to correct an

oversight: He had originally intended to

2ppolnt Rep Fitch.

PL im EES 18
pr Toppa TIEN 20

F Si 19, 1997

5 he ae EE filed in U.S. Western Bite Court for Daly v. Thich ete Tr type a to the Sp

districts:

* House Dist. 28 eo Senate Dist. 4 e CDI
® House Dist. 97 e Senate Dist. 7 e (CD3
e House Dist. 98 e (CD66

s CD7

e (CDS

e CDI

e CDI10O
. wr ied RIE SW & 5

February 20, 1997 Senate Select Committee meets. Sen Cooper

presents "1997 Congressional Plan A,"

containing 2 minority districts. He says no

vote will be taken on the plan, but that a

public hearing will be held the next weck.

3 >
Ea

F a oH, 1997

Six N.C. Democratic Congress Members meet

in Legislative Building with Sen. Cooper.

They express mixed feelings about the Senate

proposal.

Robinson Everett announces there are no

winners for the prize of $2,000 for drawing
two compact majority-black congressional

districts. But he awards $1,000 to Jack W.

Daly for drawing the most compact majority-

black single congressional district. Daly's

plan, "Everett's Bane 3", split three counties

and stretched from Durham to Pasquotank

counties. Daly says he will use the money to

further his lawsuit. John Sanders, retired

director of the Institute of Government, is

judge of the contest.

I) 238
PRL SAO House Senate Congressional th
February 25, 1997 Rep. Weatherly introduces House Joint

Resolution 322, providing for an independent

commission to draw a congressional

redistricting plan to satisfy the court order in

Shaw.

House CR Committee meets. Rep. McMahan

presents "1997 House Congressional Plan

A.1", similar in many ways to the Senate

proposal. Rep. McMahan says no vote will be

taken, but the plan will receive input at a

public hearing.
Yoh

vray iy an 03
E ay -

Sen @
EE JN

Febr vary 26, 1997 Joint House-Senate public hearing held in

Legislative Building. Everett calls House and

Senate proposals "fruit of the poisonous tree."

Sen. Betsy Cochrane says Senate Republicans

will present a plan that will have a minority

district from Charlotte to the Sandhills. Rep.

Weatherly promotes his idea of an

independent commission. Several speakers

address local matters.

Poa
RIN ry a NS

1.8

1997

February 27- March 18, Sen. Cooper and Rep. McMahan negotiate over

differences between their two plans. Chief

issue is how Wake County would be divided

between Districts 2 and 4.

RAE
SANE Re (A x a CER

March 17. 1997 Irving Joyner, representing N.C. Association of

Black Lawyers, sends letter to Sen. Cooper

criticizing both House and Senate proposals.

Congressional

March 19, 1997

House ; : Senate

Sen. Cooper introduces SB 433, embodying

"1997 Congressional Plan A".

Senate Select Committee meets, and Sen.

Cooper presents SB 433 for a vote. Sen.

Cochrane presents "Congress Cochrane" as an

amendment; that amendment is defeated.

Committee gives a favorable report to SB 433

as introduced.

House CR Committee meets. Rep. McMahan

presents "97 House Congress Plan G" for a

vote. Under House rules, a favorable vote by a

committee constitutes authorization for the

committee to introduce the bill.

March 20, 1997 Rep. Cary Allred (WR) introduces HB 578 to elect legislators in multi-member

districts by numbered seats. This would replace the existing method: multi-

scat contests.

Rae +

March 24, 1997

Rep. Grady introduces HB 585.

Rep. McMahan introduces HB 586, embodying

"97 House Congress Plan G", on behalf of his

committee. The Speaker refers that bill back

to the House CR Committee.

Rep. McMahan and Sen. Cooper negotiate the

differences between their committees’ two

plans and agree to "97 HOUSE/SENATE PLAN".

Senate Congressional

March 25, 1997 [House CR Committee meets. Rep. McMahan

presents the compromise, "97

HOUSE/SENATE PLAN", as a committee

substitute for HB 586.

Two amendments are defeated:

e One from Rep. Dan Blue to change

Dist. 4 so that Wake County would

be predominately in Dist. 4. ("1997

CONGRESSIONAL PLAN DI")

e One from Rep. Ronnie Sutton to a

majority Native American precincts

of Robeson County in Dist. 7.

The Committee Substitute for HB 586 is given

a favorable report without committee

amendment.

Rep. Steve Wood (WR) introduces HB 599,

("Shaw Compliance Plan C").
ras

rch 26, 1997

1B 586 goes to House floor. Rep. McMahan

presents an overview, saying that the plan is

designed so that all incumbents, black and

white, Democratic and Republican, have a fair

chance at re-election. Four amendments are

offered:

e One from Rep. Sutton, similar to one he

offered in committee. It passes.

e Three amendments from Rep. Mickey

Michaux, embodying "Fitch Michaux

Plan A", "Fitch/Michaux Plan B", and

"Fitch/Michaux Plan C". All have one

majority-black district and three districts

with minority populations between 30%

and 40%. They are defeated.

House passes the bill on second reading 87-30.

Bill passes third reading and is sent to Senate.

re — : AE PARE THEA TRIE 3,

Fifiasy > 4 % * [House ° Senate Congressional
March 27, 1997 Senate Select Committee on Redistricting takes

up House-passed 1B 586. No amendments are

offered. Committee gives bill a favorable

report.

HB 586 goes to Senate floor. Sen. Cooper gives

an explanation, says that while the bill is not

designed to protect incumbents that it gave all

incumbents a fair chance at re-election. He

said the authors took note of the 6-6 partisan

split in the congressional delegation and felt

that they should not use court-ordered

redistricting to overturn that decision of the
people.

One amendment is offered by Sen. Cochrane,

embodying "Congress Cochrane”. It is

defeated.

Senate passes bill on second reading 32-14.
To EE {

PY Mg Lowy LT

March 31. 1997 1B 586 ratified as Chapter 11 of the 1997

Session Laws,
ws Pe EI WA Ae RR 3

April 1, 199 AG Easley files the ratified plan with the 3-

Judge panel. He also moves requesting that the

court delay ruling on the plan until the U.S.

Justice Department has precleared or denied

preclearance pursuant to Section 5 of the

ind AT SEEN 3 be

Voting Rights Act.

April 9, 1997 Chapter 11 of 1997 Session Laws submitted to

U.S. Justice Department under Section 5 of

Voting Rights Act.

Rep. Michaux introduces HB 901 (with Reps. Fitch and Adams).

Fa
bad 3 House [Senate [Congressional

April 23, 1997 House Congressional Redistricting Committee meets to consider HB 52 (Independent Redistricting Commission). After

discussion, Committee votes to send bill to a subcommittee.

April 24, 1997 House Election Law/Campaign Reform Committee gives favorable report to a

committee substitute for Rep. Allred's HB 578. The new version would put

before the voters in November 1997 a constitutional amendment requiring

that all Senators and House members be elected from single-member districts

beginning in 1998. It would require the General Assembly to break existing

multi-member districts into single-member districts in time for use in 1998.

April 30, 1997 The single-member-district bill, HB 578, runs into opposition on House floor,

is re-referred to Election Law Committee.

May 6, 1997 3-judge panel denies fees to Maupin, Taylor,

Ellis, and Adams, attorneys for plaintiff

intervenors in Shaw.
Ei oh

May 16, 1997 Reps. Michaux and Fitch meet with U.S.

Justice officials in Washington to advocate for

their congressional plan (embodied in March

26 House floor amendment) as alternative to

enacted plan. (Date is 16th or earlier same

week.)
* A SRE)

£8 Rn a Ld SAE BU 3%

May 28, 1997 3-judge panel denies motion to intervene in

Shaw suit by several black voters and

associations. They sought to assert dilution

claims and offer alternative plans.

a IE RED wR 3 i yo
: RO . ; ; ¢

June 9, 1997 U.S. Justice Department preclears Chapter 11.

3-judge panel directs Shaw plaintiffs and

plaintiff-intervenors to tell court by July 19

whether they will object to dismissal of the

suit and if so on what basis.

Seay
Ee le,

*y +s [House “435 lp ied : 5 Congressional pbs Ee a AY Jay 20%
June 19, 1997 [Shaw plaintiffs and plaintiff-intervenors

respond that they wish the lawsuit to be

dismissed without prejudice against the filing

of a new one. Robinson Everett, plaintiffs’
attorney, urges the court to declare the new

plan unconstitutional, but states that his

plaintiffs no longer have standing to challenge

the new 12th or It districts, because they do

not live in them,

U.S. Supreme Court upholds court-ordered

districting plan in Georgia.

pepe

oA 3

———— ree NS
eb WINES SERRA SRR ACE. hs §

July 3, 1997 State argues to court that plaintiffs and

plaintiff-intervenors do live in the districts, do

have standing to continue the lawsuit, and are

seeking dismissal simply so they can file a

new lawsuit and shop for a more favorable 3-

judge panel.
PET ho. vi dR i i o'n wed BI LEE AGW 4 i 1]

CEE
ue | 4

August 27, 1997

and Terrence Boyle.

3-judge panel in Daly v. High transfers it from Western District to Eastern District. Panel is Sam J. Ervin 111, Richard Voorhees,

aR CR Ae Xr
po "

August 28, 1997 1997 General Assembly adjourns until May 11, 1998.

35 fa
AX

PID TT Bn
SAM SN x ig gma ete ay

September 12, 1997

3-judge panel dismisses the Shaw suit. In

opinion accompanying its order, the court says

the dismissal is only on the issue of the

remedial adequacy of the violation of Equal

Protection that the plaintiffs succeeded in showing against the former Dist. 12.

Ary .

er Kaw Re on x; LE "House * [Congressional
October 8, 1997

Board of Elections.)

oe IID?

e IDS

oe HD28

e HD37

e HD79

oe HD 87

® HD 97

eo |ID98

SD 4

SD 6

SD 7

SD 23

SD 31

SD 38

SD 39

Daly v Leake STamTiTTS move to file second a complaint. Proposed complaint says the following districts will be
challenged on a Shaw-type claim: (Name change occurred because Larry Leake replaced Edward High as chair of the State

CD 1

CD3

s.CD5

e CD6

eo; CD9

so CD12

October 10, 1997

challenge the March 31 congressional

new 1St and 12th districts.
“ FOR Ve wes

RE RARIE TET 200 Foot inse

November 24, 1997 Motion to amend Daly complaint allowed.
pn RG Ee yy eT

tari db re Sy

January 15, 1998

and Boyle.

Robinson Everett, attorney for Shaw plaintiffs

lodges an amended complaint in Cromartie v.

Hunt. The complaint uses a Shaw theory to

redistricting plan as "fruit of the poisonous

tree" planted in 1992. Plaintiffs reside in the

Cromartie v. Hunt moved to jurisdiction of the

same 3-judge panel as Daly: Ervin, Voorhees,

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Correspondence from Hodgkiss to Berrien re: NC redistricting

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