Correspondence from Winner to Leonard; Motion to Certify Class Rule 23, F.R. Civ. P.; State Board of Elections Registration Statistics Part II; Memorandum in Support of Plaintiffs' Motion to Certify Class; Affidavits
Correspondence
December 15, 1981 - March 16, 1982

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Case Files, Thornburg v. Gingles Hardbacks, Briefs, and Trial Transcript. Correspondence from Winner to Leonard; Motion to Certify Class Rule 23, F.R. Civ. P.; State Board of Elections Registration Statistics Part II; Memorandum in Support of Plaintiffs' Motion to Certify Class; Affidavits, 1981. 1961d52f-d792-ee11-be37-000d3a574715. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/5a6faed9-663d-42e4-a4ed-6bc0b729a9d1/correspondence-from-winner-to-leonard-motion-to-certify-class-rule-23-fr-civ-p-state-board-of-elections-registration-statistics-part-ii-memorandum-in-support-of-plaintiffs-motion-to-certify-class-affidavits. Accessed May 12, 2025.
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-3-/5* r-:' JULIUS LEVONNE CHAMBERS JAMES E. FERGUSON. II MELVIN L, WATT JONATHAN WALLAS KARL ADKINS JAMES C FULLER. JR, C, YVONNE MIMS JOHN W, GRESHAM RONALD L, GIBSON GILDA F GLAZER LESLIE J, WINNER CHAMBERS, FERGUSON, WATT, WALLAS, ADKINS & FULLER. P.A. ATTORNEYS AT LAW SUITE 730 EAST INDEPENDENCE PLAZA 95I SOUTH INOEPENDENCE BOULEVARD CHARLOTTE. NORTH CAROLINA 2A2O2 TELEPHONE (704) 375-8461 March 16, L982 Mr. J. Rich Leonard, Clerk U.S. District Court Eastern District of North Carolina New Bern, North Carolina 28560 Re: Ralph Gingles, et al. v. Rufus Edmisten, et al. No. 81-803-CIV-5 Dear Mr. Leonard: Enclosed please find four copies of plaintiffs Memorandum in Support of Plaintiffs' Motion to Certify Class, Motion to Certify Class Rule 23, F.R.Civ.P., and Affidavits of Ralph Gingles, Fred- Belfield, sippio Burton and Joseph Moody for filing in-the above referenced matter. Please reLurn a "filed" stamped copy to me. Thank you for your usual cooperation. SincerTly, <,flaa u/,"^ Leasl{'e J. Inlinner LJIII: ddb Enclosures cc: Mr. James C. Wallace, Jr. Mr. Jerris Leonard Mr. Robert N. Hunter, Jr. Mr. Arthur J. Donaldson a 3'/€,'.t L IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT CF NORTH CAROLINA RALEIGH DIVISION NO. 81-803-CrV-5 RALPH GINGLES, €t aI. ) ) Plaintiff, ) ) v. ) IIOTION TO CERTIFY CLASS ) RULE 23, F.R.Civ.P. RUEUS EDMISTEN. €t a1., ) ) Defendants. ) Pursuant to Rule 23 of the Federal Rules of Civil Procedure, the named plaintiffs in t.his action move that the Court certify this to be a class act-l.on on behaLf of a1.l- black residents of the State of North Carolina who are registered to vote. In support of this motion, plaintiffs say: 1. Rule 23(c)(1) of the Federal RuLes of Civi.l Procedure :equires L,he court to determine whether an action is to be main- tained as a class action as soon as practicable after the commencement of the action 2. This action meets the prerequisites set out in RuIe 23(a). ( L ) The class is so numerous that joinder of all members is impracticable. As of l{ay 29, 1981, there were 384,46-i biack residents of North Carolina who were regis- tered tc vote. See Exhibit A to this Motion. (2) There are questions of law and fact common to the cIass. The law and facts concerning the purpose and effect of the apportionment in question are identical for the entire c1ass. (3) The claims of the representative parties are typical of the claims of the cLass. The claims of the named plaintiffs, each of whom is a black citizen who is regis- tered to vote, are typical of the claims of all black voters in North Caro1ina. (4 ) The represent,ative parties will f airly and ade- quately protect the interest of the class. Each named plaint,iff is a b.Lack citizen of North Carolina who is eligible to and registered to vote. Each one resides in a different county. Each has a history of leadership in his respective black community, a history of protecting the civil rights of black citizens and a history of encouraging the involvement of black citizens in the political process. Each plaintiff is concerned about the lack of representation of black citizens in the North Carolina legislature and in the North Carolina delegates to the united St.ates Congress, and each plaintifi has discussed this concern with other black leaders around North carolina. They have retained counsel experienced in civil rights litigation ancl each plaintiff is willing to participate as necessary in the litigation. see Affidavits of Ralph Gingles, sippio Burton, Fred Belf ield and Joseph t4oody f iled with this motion. 3. This action meets the requirements of Ru.Le 23(b) (.2) in that defendants have acted and refused to act on grounds applic- able to aLl black voters in t'torth Carr:lina thereby making appro- priate final injunctive relref ancj cor:reiponding declaratory relief with respect to the cLass as a who.Ie. Since there can be only one apportionment of the iegislature, having different courts issue separate injunctior:s wouid put defendants in the impossible situation of having t.o enforce mutually exclusive apPortionments. See Defendantsr l,lotion to Consoli.date f iled in this action on January 27, 1982. Plaintiffs, therefore, request that the Court enter an order allowing this action to be maintained as a class action on behalf of al-l black residents of the State of North Carolina who are registered to vote. rhis i6 day of March, L982. -2- fl)ctol rc i-,,^;-- JA]"IES E. FERGUSON LESIIE J. WINNER Chambers, Ferguson, WaEt, Wallas, Adkins & Euller, P.A. 951 South Independence Boulevard Charlotte, Norrh Carolina 28202 704 /37 5-846r- JACI( GREENBERG NAPOLEON WILLIA}4S LANI GUINIER Suite 2030 10 Colrrslbus Circle New York, New York 10019 CERTIFICATE OF SERVICE I certify that I have served the foregoing Morion Eo Certify class Rule 23, F.R.civ.P on all other parries by placing a copy thereof enclosed in a postage prepaid properiy ad.dresseo wrapper in a post office or official depository under the exciusive care and custody of the united States postal service, add,ressed to: Mr. James C. Wallace, Jr. Deputy Attorney General for Legal Affairs N.C. Department of Justice Post Office Box 629 Raleigh, North Carolina 27602 Mr. Jerris Leonard 900 17th Streer, I{[,I Suite 1020 Washington, DC 20005 Mr. Robert l{r-rnter Attorneir at Law .. Post Cffice Box 3245 201 tlest Market St::eet Greensboro , North Carc,lina 21402 Mr. Arthur Donaid-so'n Burk, Donaldscn, HoLshouser & Kerely 309 North i'{ain Streec Salisbu::y, i$orth Carolina 28L4t+ a This )t= day of March, Lg82. -J- o S T.{TE OF NORTH CAROLI STATE .BOAND OF EI.ECTIONS REGISMATION STATISTICS PART II ( Racial a.nd Mj.scellaneorrs Designations ) ^KAcomplled by: Alex K. Brock, L Nt Report Executive Secre tarlr-Director ntrn aaULV L( uil,tlas; ERe[:x;:, li:;I tlil.LAS,--r l0l0llS & fULlfl, p.A. as of: May 29, 1981 Corrnty No. Votilg Ilachines White Black Indiarr or Other AUI,IANCE ALH(ANDER ALLECHAIflI ANSON ASHE A1JERT BEAUFOBT BERTIX BIADEN BRUNSWICK BlrNC0t'ts8 BURI(E CABANRUS CAIDI,JELL CAMDEN CARTERET CASwELL CATAWBA CHATI{A.I,T CI{EROI(EE CHOWAN CIAI Ci.riIr?iAND coLUItsUS CM\JEN CUI'{BERiAI{D CURRITUCK DARE DAVIDSON DAi/IE DUPIJN DUR,HAM EDGECCI.{BE FOiiSITH FRANIGIN GASTON tj,tlt^) GRAT{AI'{ Gn'i[}IVTT.r.n GREEI'IE GUII.FOND HALIFAX I{ARNETT HAn^i00D HEI{DELSO}I I{ERTFOND HOIG HIDE INEDEI.L JACITSON JOHNSTON JONES I,NE LENOIR 1 '1.'l 39,O3L t2r5O2 5,578 6 '53l.B '3576 '745t2,5go l+11.,32 9 '452t3,135 63 'ol+o29,985 31,728 27,222 2r)5g 18,494 4,985 U+1023 u,163 10r141 3,957 4r\tt3 27,a25 19r063 1g,1go l+1+1049 l+r?J+l 7 '29:..l*6 1365 Lt,327 Dr)34 47,Lg3 D'492 92,352 grlg2 53 '5o22'555 l+1673 I '535l+ttA3 Ltg,P3 )3,356 tg,534 2L,826 28,93o 5,AO2 3,48L 2 rOL5 3t,855 Ll-rT?g 25 '71+l3,036 u,955 , L7 r3gg EXHIBIT A 5,333 759 83 3,Ogg 78 ZJ+ 3,218 3,56t+ 4,746 3,605 l+rL5L Lr?25 3,560 rr5o1 70r 1,161 2,962 2,854 3,597 2t5 1r60g 26 4,150 6,074 5,L7O t3,574 533 L97 3,867 926 l+rzoL L6,656 6 rl.j_9 2,319 3,552 5,313 ?,\o 4,279 2'l+7i 23,861 6 1623 3,837 286 a9 3,706 2rg1g 726 3;35 t68 3 rll+8 t,973 2'2A7 5,572 l+5 I 'l I ; 43 U 38 15 7 : I 2t 1) l I 9 39t,, rj L66 l+7 57 22 33 20 150 2J+O : : 22 10 u:o ]JO 10 735 l+5 z6o 22 70 z1 26 47 30 l+69 2 7 aa II 2 549 6 9l+ L72 1 la0 352 40 19 518 I 11 609 26 6 t7 ,, ,f .1 i REGISTR,{TION STATISTICS PART II (Racia1 and EiscelLaneous Desigr:,ations ) - page 2 Report a.s of: W 29, 1981 County No. Voting Machirtes White Black Indian or OLher iJNCOLN }IACON }'IADISON MARTIN McDOl{lXI }.TECKLE}IBUNO MITCHELL }.1OI.TTGCI.IEN,I u00nE NASH NEI.I I{AI{CIUER NOBTHAMPTON CNSLChi ORANGE PAT,ILICO PASQUgIANK PENDEN, PERQUD{ANS PERSON PITT P0ii( RANDOLPH RIC}MOND ROCKINGTIAM RoBESoti ROJAN BUTFERFO.ID SAMPSON SCCIIAND S'IJ.NIJ STOKES SUNAI Sl'IAIJ.l Tzu-NSILVANIA TYRREI.L UNION IT"ANCE WAIG WARRE}I WASHINGTON WATAUGA 'r.jAYI.IE IdILKES }{ti50N IADKIN IA}ICET 2a,492 lor7go 9r18O 7,3y2 LT 1297 L53,)et 8,365 8 1323 L9,?t*9 20,5t& 36,52O l+1772 21r184 32,947 3gl3 7 rD9 6,639 2,764 811"81 25 '7327,529 39,ilJ D r^)3 25 '97tLg1278 36 rl+52 a't A1 a -Lrvlv L6,677 grl53 2L,388 lT rl+95 25,5/,2 5 r3?3 11,95t L1226 22,65t+ 9 r?l+8 D]-,56t 3,393 41394 t6r3t6 ?2r64L 29,623 18,313 u,585 9 'ltC6 L155L 119 45 3,350 708 321289 I Lr77L 2t991+ 4,332 6,96t+ l+1563 3,Q7 4r?L9 I'tQ3 21956 3,262 980 2,625 5r8or 581 2'r2o3 3r888 6,899 9,3oz 4t7J+9 1r475 5,933 3,o93 L19l+J+ IrO?4 Ir017 50 599 5L5 21603 4,758 20,096 3,665 2r?2L 99 7 'l+o31r189 l+r7?J+ . 580 85 24 25 22 100 T 3l+ l+ 1'9 L56 l+ 29 25 72 3 D2 2 6 7 I 42 1g 30 36 : 26 r05 27 ! ?2 : 3o 20 46 18 32 40 263 1 (n 25 26 l+ 55 u :r 16,y r00 56 L57 '-, )210?6 b9 9 3t+9 57 72 368 3 9 o D; 5 ; 36 z TOIALS: This correct. is to certif) that the figures December 14, 1981 show-n herein are tnre and Executive secretary-Direetor MLPH GINGLES, et a1. , Plaintiffs, v. RTIFUS EDMISTEN, eT &1., I}I TIIE UNITED STATES DISTR.ICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA RALEiGH DIVI,SION N0. 8l-803-Crv-5 3- tc- 8L MEMORANDT]M IN SUPPORT OF PLAINTIFFS' MOTION TO CERTIFY CLASS Defendants. I. Nature of Case The named plaintiffs in this action are black residents of the State of North Carolins',t'ho are eligible to anc are registered to vote. The Conrplaint inthis action alleges that the provisions of the North Carolina Constitution which prohibit dividing counties in the apoortionment of districts for the North Carolina House of Representatives and the North Carolina Senalre have the purpose and effect of diluting the voting strengeh of black citizens in violation of the Voting Rights Act of f965, dS amended, 42 U.S.C. SSl.973 and L973c, the Fourteenth and F.tf Eeenth Amendments to :he United States Constitution, and 42 U. S. C . $ i';:3i. The Complaint also alleges that the apportionment of Ehe iiorth Carclina General Assembly violates the "one person-one vote" rnandati: of the equal protection clause of the Fourteenth Amendinent and th&[ the apporEionment of the North Caroli.na General Assembly ano Nor;h Carolina's Congres- sional districts diluce black voEing strength in violation of the Voting Rights Act and.Ehe Fourteenth anci Fifreenth Amendments to the United States Constitution. 0n November 1-9, f981 plaintiffs filed a Supplernent to their Complaint to reflecc changes in the apportionment of the North Carolina House of Representatives enacted after this action was filed On February 9, L982, the General Assembly convened for the Purpose of enacting new apportionments and enacted new apportion- ments of the North Carolina General Assembly and of the North Carolina districts for the United States llouse of Representatives. See Stipulations filed in this action on February 22, L982. Plain- tiffs have moved for leave to file a Second Supplement to the Complaint to allege that Ehese apportionments continue Eo have the purpose and effect of diluting the vote of black citizens and that the defendants have failed to perform their affirmative obli- gation to assure that black ci.tizens have a fair opportunity to elect representatives of Eheir choosing. II. Facts Relevant Eo this Motion The facts relevant to this motion are contained in Exhibit A to the Motion, a list of the nr:mber of registered voters in North Carolina by race, BS certified by Alex Brock, Secretary of the North Carolina Board of Elections, the Affidavits of each of the named plaintiffs, filed contemporaneously with this motion, and the Stipulations of the parties filed in this acticn on Febrriar-rz 22 , L982. In sunnary, Exhibit A shows Ehat as r:f May 29 , l-981 , there wre 384,457 black residents of North Carolina- registere.d to vote, and the affidavits of the named plaintiffs shcw that each named plaintiff is a black citizen of North. Carolina who is eligible to and registered to vote. Each one resides in a diffe.r- ent county. Each has a history of leadership in his respective black coumrunity, a history of protecging the civil- right-s of black citizens, and a history of encouraging the involvemenc of biack citizens in the political process. Each plaintifi- is conce::ned about the lack of representation of black citizens in the Notclr Carolina legislature and in the North Carolina delegates to Lire United States Congress and each plaintiff has discusseci this con- cern with other black leaders around North Carolina. They have retained counsel experienced in civil rights litigation and each plaintiff is willing to participate as necessary in the lrtigaLion. III. Argument This motion is made pursuant to.Rule 23(a) ancl (b) (2) of the Federal Rules of Civil Procedure with provide: (a) Prerequisites to a Class Action. One or more members of a class may sue or be sued as repre- sentative parties on behalf of all only if (1) the class is so nurnerous that joinder of all members is impracticable, Q) there are questions of law or fact -2- common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) Ehe representative parties will fairly and adequately protect the interest of the class. (b) Class Actions Maintainable. An action may be maintained as a class action if Ehe prerequisites of' subdivision (a) are satisfied, and in addition: ... (2) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injr:nctive relief or corresponding declaratory relief with res- pect Eo the class as a whole; or Subdivision (b) (2) Tdas added to Rule 23 in L966 in parr ro make it clear that civil rights suits for injunctive or declara- tory relief can be brought as class actions. "The class suit is a uniquely approoriate procedure in civil rights cases, which gen- erally involve an allegation of discrimination against a group as well as the violation of rights of particular individuals." Wright & Miller, 7 Federal Practice and Procedures SSL773, L776. This general principle has been applied ro voting rights cases apparently with little debate or discussion. See, for example, Klrksey v. Board of Supervisors ofHinds County, Miss., 402 F.Supp. 658, 660 and 675 (D.Miss. L975), aff' d on orher grounds 528 F.2d 536 (5tfr Cir. L976) , rev'd on orher grounds on rehearing 554 F.2d 139 (5tfr Cir. L977), cerr. den. 434 U.S. 968 (L977). frkEel is a reapportionnent case in which rhe court certified a class action on behalf of all black citizens who are registered voters qualified to vote inHinds Cor:nty. See also James v. Hr:mphrvs Cor:nty Board of Elections, 384 F.Supp. ll4, LL7 n.l (D.Miss. L974) (C1ass of all black qualified and regis- tered voters certified to challenge election process); Van Cleave v. Town of Gibsland, La., 380 F. Supp. 135 (D. La. L974) (Class of white voters who are residents of the Town cerEifj-ed to challenge at large apportionment of town council). -3- The appropriateness of certifying a reapportionment case as a class action is even stronEler than in many oEher civil rights cases because the Court cannot devise relief to remedy the claims of the named plaintiffs without also affecting the claims of all other black voters. Since there can be only one aPDortionment of the state legislature and of the Congressional districts, this case is the epicome of a cause in which final injunctive relief with respect to Ehe class as a whole is appro- priate. If individual plaintiff's each sought individual injunc- tive relief, Ehen defendants risk being ordered to enforce incom- patible or mutually exclusive representaEion districts. See Defendants' Motion to Consolidate liled in this action on January 27 , Lgg2. The only remaining question is whether this proposed class and these Darticular named plaintiffs meet the numerosity, typi- calitT and adequate representaEion standards of Rule 23(a). Since the State Board of Elections showed over 380,000 black citizens registered to vote in North as of May 198f, iE is clearly rrnoraccicable to join each of them as a party plaintiff, and it wouid serve no useful purpose to do so. The named plaintiffs who are moving to have Ehe class certi- fieC ha.ve claims typical of the claims of the remainder of the class in r-hat each claims to live in a state in which substantial concentrations of black citizens are submerged into representa- tion districts dominated by the larger white electorate thus diluting black voting strength, deoriving each black citizen in- dividually of a fair opportr:nity to elect a rep{esentative of his choosing, and depriving a1l black citizens collectively of having a state legislature influenced by a f,air number of representa- tives chosen by the black citizens of the state. Thus the claim of any black citizen and voter is typical of the claims of all black voters. Furthermore, plaintiifr' affidavits demonstrate that they will be adequate to protect the interests oi the class. Each has a history of concern about the civil rights of black citizens and the opportunity of members of the black conununity to parti- -4- cipate effectively in electoral politics, and each is in com- mr:nication with other black leaders so that he can express Ehe views of the bLack coun:nity. Finally, they have retained attorneys experienced in civil rights litigation. Conclusion since each of the requirements of Rule 23(a) and (b) (2), F.R.civ.P., is met, plaintiffs request that the court enter an order certifying this action to be a class action on behalf of alL black residenEs of the State of North carolina who are registered. to vote. rhis lt day of ({Ja--,A, , LgBz. JA},IES E. FERGUSON, II LESLIE J. WINNER Chambers, Ferpluson, Watt, Wallas ,Adkins & Fuller, P.A. 951 South Independence .BoulevardCharlotte, North Carolina ?8202 70 4 I 375-8451 JACK GREENBERG NAPOLEON WILLIAMS LANI GUINIER Suite 2030 10 Coh:mbus Circle New York, New York 10019 Attorneys for Plaintiffs -5- CERTIFICATE OF SERVICE I certify that, I have sen'ed the foregoing Meuorandr:m in Support of Plaintiffs' Motion to Certify Class on all other parties by placing a copy thereof enclosed in a postage prepaid properly addressed wrapper in a post office or official depository r:nder the exclusive care and custody of the united SEates Posta1 Senrice, add,ressed. to: Mr. Jaues C. Wallace, Jr. Deputy Attorney General for Legal Affairs N.C. Departoent of Justiqe Post Office Box 529 Raleigh,. North Carolina 27602 I,1r. Jerris Leonard 900 lTth Streer, NW Suite 1020 Washington, DC 20006 rhis lt day of March L982. Mr. Robert N. Hunter, Jr. Attorney at Law Post Office Box 3245 201 West Market StreeE Greensboro, North Carolina 27402 Mr. Arthur J. Donaldson Burk, Donaldson, IloLshouser & Kerely 309 North Main Street. Salisburn. North Carolina 28L44 *ii. ,t i rr. i I , -6- l|t i I -r"1-'r IN THE I.INITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OE NORTH CAROLINA $*'lfI'3lY3i+eu MLPH GINGLES, €T &1. , Plaintiffs V. RUFUS EDMISTEN, €t 41., Defendants ) ) ,) ) ) ) ) ) .) AFFIDAVIT OE RALPH GINGLES ln any the Ralph Gingle::, first duly sworn, seys: l. ThaE r am a named piaintiff in Ehe above captioned. action; 2. r am a brack cif;izen of the State of North carolina, and r an eligible to and registered Eo vote in Gasron county, North Carolina. 3. I artr concerneci abouE Ehe lact of black representation the North carolina Gene:a.l- assembly and about the absence of black representatives fron ,:tre state of North carolina in United States Co:igress. 4 - For many years i ha.,'e been concerned about the lack of effective participation of black citizens in the electoral Process of North Carolina. In an iittempE to address these concerns I served as a member of the Gaston County Board of Elections from L97 through L97 anC I b.ave served as second Vice Chairman of Ehe Gaston county Deoocratie party. rn addition, when Howard Lee, who is black, ran for Lt. Governor of North carolina, r was the co-chairman of his campaign corrmiEte. .:, Gaston county. 5. I believe that the manner in which the State of North Carolina has and continues Eo apportion representative districts for the General Assembly and for congress has the purpose and effect of depriving me and other black citizens of this state of the opportunity to select representatives of our choosing. 6. r have discussed the apportionment of the North Carolina legislature with other members of the black coumunity in Gaston county who are activery concerned, about the lack of represenEation of black citizens. They share my belief that the current apportionuent has the purpose and effect of denying black citizens Ehe ability to select a representative of their choosing 7. As an active member of the North Carolina Association of B1ack Lawyers, I am aware that. other black citizens share my concerns and the concerns of the black citizens of Gaston Cor:nty. 8. I have initiated this action on behalf of myself and all black citizens of this state because I want to assist all black citizens in gaining Ehe right to use our vote effectively. 9. r understand that this action may last for several months or years, anc r am prepared to do whatever is necessary in cooperation wiuh my attorneys to protect and enforce Ehe rights of black ciEizens to use our vote effectively. t0. I have retained experienced and. competent counsel to represenE me and other black ./oters in ttris action. Ehis This the 241* clay cf Febru zry , L9g2 . Sworn s to and subscribed before tne 2 4 ' day ot . e-sAa+ury , Lg82 . My Commlssion Expires , A.-cA. ltz /9 {d a 3'rn - , L IN'THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA MLEIGH DIVISION RALPH GINGLES, €t &1., PlainEiffs, v. RUFUS EDMISTEN, €t aI., CIVIL ACTION NO.8t-803-CrV-5 Defendants. AFFIDAVIT OF FRED BELFiELD F::ei Belfield, first duly sworn, says: l. That I am a named plaintiff in the'above captioned action i 2. I am a black citizen of the State of North Carolina, art,.l I am eligible Eo and registered to vote in Edgecombe County, North Carolina. 3. I am concerned about Ehe lack of black represencation in Ehe ll,:rth Carolina General Assembly and about the absence of any black rspresentatives from the State of North Carolina in the Uuiced States Congress. 4. For the past 15 years I have been actively involved in working to protect and enforce the civil rights of black citizens and to encourage Ehe participation of black citizens in the poli- tical system. I was the president of the Rocky MounE chapter of the NAACP from L969-L978 and from 1980-1981. r have worked in voEer registration drives designed to encourage black citizens to register to vote and have consistently made efforts to encourage black citizens to regi-ster and to vote. 5. I believe that one of the purposes of che manner in which the SEate of North Carolina has and continues co apporEion repre- sentative districts for the General Assembly and for Congress is to deprive me and other black citizens of this stare of the oppor- tunity Eo select represencatives of our choosing. 6. I have discussed the current manner of legislative apportionuent with other black ciEizens who share my concern about the lack of black representation in the legislature. These people share ny belief thaE single meober d.istricts are necessary to allow Ehe black conrmunity to elect representatives of its choosing. 7. I have initiated this action on behalf of myself and. all black citizens of this state because I want Eo assist all black citizens in gaining the right to use our vote effectively. 8. I r:nderstand that. this action may last for several months or years, and r am prepared to do whatever is necessary j-n cooperation with ury attorneys to protect and enforce the rights of black citizens to use our vote effectively. 9. I have retained experienced and competent counsel Eo r:epresent me and other black voters in this action. This l0rh day of March, L982. EO day /) and of tt I{y Comrission Expires . Dec. 05, 1984 rf- rr. Sworn chis lOrh subscribed before March , -2- r+' 3-'c-tL IN THE UNITED STATES DISTRICT FOR THE EASTERN DISTRICT OF NORTH MLEIGH DIVISION RALPH GINGLES, €E aI., Plaintiffs, V. RUFUS EDMISTEN, et 31., Defendants. 2. I am a black citizen of the Srate and I am eligible to and registered Eo vote North Carolina. COURT CAROLINA ) ) ) ) ) ) ) ) ) CIVIL ACTION No. 8f-803-CIv-5 AFFIDAVIT OF SIPPIO BUR.TON Sippio Burton, f irst duly sv7orn, says : 1- That r am a named plaintiff in the aboye captioned acEion; of i.lorth Carollna. in Cr:mberland County 3. I aur concerned about the lack of black representation in the North Carolina General Assembly and abour the absen.ce cf any black representatives from the State of Norch Carol-ina in the United States Congress. 4. For many years r have been concerrred about Ehe raq.k of black participation and representation in goverrlment. r have been consistently active in working to improve and assure that members of uhe black couuunity are afforded their rights as citizens. rn Ehis regard, r was president of my local NAACP chapter froo 1959-L966. since Ehen r have remained, an active member of the North Carolina state and the local branch of the NAACP. r am currently chairuran of the local Ereedom Fund., and I have previously worked in voter registration projects to assist black citizens of cr:raberland county in registering to vote. 5. I believe that the manner in which the State of North Carolina has and continues to apportion representative d,istricEs for Ehe General Assembly has the intent and effect of d,epriving me and other black citizens of this state of the opportunity to select representatives of our choosing. 5. I have discussed the current apportionment of the North Carolina General Assembly with other leaders of the black community in Cumberland County. They share my concern that the lack of rePresentation of black citizens in the General Assembly and my belief that the current plan does not give the members of the black comnunity a fair opportr:nity Eo elect a representative of its choosing. Many share my belief that the current apportionment was devised with the purpose of diluting minority vote. 7. I have initiated this action on behalf of myself and all black citizens of this state becarrse I want to assist all black ciEizens in gaining the right to use our voEe effectively. 8. I understand that chis action may lasE for several months or years, and I am prepared to do r,uhatever i-c necessary in cooperation with my attorneys Lo prct(:cE and enforce the rights of black ciEizens to use our vote effect:-vely. 9. I have retained experien"ug,and competenE counsel to represent me and other black voters in Ehis action. rhis /6' day of. //24/ / / , L982. Sworn to subscribed before me this , LggT. l1 and ,of ,1 My Comrission Expires . 4t' h/, z ( /O % -2- /)-/t- if IN THE I.JNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA MLEIGH DIVISION NO. 81_803_crv_s MLPH GINGLES, er al. ) Plainriffs, l v. ) ) AFFIDAVIT OE RUrUS EDMrsrEN, €E s1., I JOSEPHP. MOODy. Defendants. l Joseph P. Moody , first duly sworn, says: 1. That r a'o a named ptaintiff in Ehe above caDtioned. action; 6-.z- r am a black citizen of .the state of North carorina, and r am eligible to and registered, ro vote in //o-,,r4, County, North Carolina. 3' r am concerrled' about Ehe lack of black representation in Ehe North carolina General Assemb,ly and about Ehe absence of any black representatives from the state of North carorina in the United SEates Congress. 4. r believe that Ehe manner in which the SEace of Norrh carolina has and continues to apportion represenEatj.ve districts for the General Assembry and for congress deprives me and other black citizens of this state of the opportunity Eo serecE repre- senEatives of our choosing. 5. r have initiated. rhis acri.on on behalf of myserf and, all brack citizens of this state because r want to assist arr black citizens in gaining the right Eo use our vote effectively. 6. r understand that this action rnay rast for severar months or years, and r am prepared. to do whatever is necessary in cooperation with my aEtorneys to protect and enforce che rights of black citizens Eo use our voEe effectively. 7 . r have retained experienced and, compecenE counsel to represent me and other black voters in this ac.ion. 1 Ihis ,( Ejne /57 day of Deceuber, 1981 Sworn to and subscribed before me My Comoission Expires , J/"2 / / 33 -2-