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

    -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-