Edmisten v. Gingles Complaint; General Assembly of North Carolina House Bill 415; Senate Bill 313; Senate Bill 87

    IN THE UNITED STATES t STRICT COURT
FOR THE EASTERN DISTRICT: )F NORTH CAROLINA

RALEIGH DIV]IiION

RALPH GINGLES, SIPPIO BURTON, FRED )
BELFIELD and JOSEPE !{OODYT on
behalf of themselves and all
others similarly situated,

Plalntlffs,
)
)
)

RUBUS ED!,!ISTEN, in his capacity )
as the Attorney General of North )
Carolina; JAMES C. GREEN, Lt. )
Governor of North Carolina in his )
capacity as Presldent of the North )
Carolina Senate; LISTON B. RAI,ISEY )in his capacity as Speaker of the )
North Carolina llouse of Represen- )
tAtives; THE STATE BOARD OF )
ELECTIONS O8 NORTE CAROLINA;
R. KENNETE BABB, JOHN L. STICKLEY,
sR. r RUTE SEMASBKO, SYDNEY F. C.
BARNWELL and SHIRLEY IiERRING, in
their official capacities as
members of the State Board of
Elections of North Carolinai and
TEAD EURE, in hls capacity as
Secretary of the State of North )
Carolina, )

)Defendants. )

COMPIAINT

f. Introduction

1. This action is brought by four black citizens on behalf

of themselves and all other black citizens who are eligible and

registered to vote in the State of North Caro1ina. They bring

this.action to enforce their right to have an effective vote in_.
1

the electlon of the North Carolina General Assernbly and in the

election of the North Carolina Representatives to the United

States Congress. They seek declaratory and injunctive relief to

prevent any election from being conducted pursuant to the appor-

tionment adopted by North Carolina in 1981 because that apportion-

ment does not comply with the one person one vote requirement and

because it dilutes the vote of black citizens. In addit,ion they

seek to prevent enforcement of the provisions of the North Carolina

Consitqtion which prohibit dividing counties in apportioning the

North Carolina General Assembly because those provisions were not

V.

crvrl oa-ro*

NO.



Precreared in accordance with 55 of the voting Rights Act of
1965r Els amended, and because the provisions have the intent and

effect of diluting t,he vote of black citizens.
rn 198r, the North carolina General Assembly created the

representative districts which will be used for the next ten
years. These districts rrere drawn in order to dilute and with
the effect of diluting the vote of black citizens. In addition,
the total deviation between thb population of the largest Senate

District and the population of the smallest Senate District is
over 22 percent; the total deviation between the popuration of
the largest House District and the population of the smallest
Eouse District is over 23 percent.

Thus plaintiffs Gingles and other class members are under-

reprexented in the North Carolina House of Representatives, and

plaintiff Burton and other class members are underrepresented in
the North Carolina Senate.

The 1981 apportionment was enacted pursuant to provisions
of the Constitution of the State of North Carolina which prohibit
dividing any county in creating the legislative districts for the

North Carolina House of Representatives and the North Carollna
senate. These provisions, which were adopted in L967, have never

been submitted to the Department of Justice or to the united
States District Court for the District of Columbia pursuant to 55

of the voting Rights Act of 1965r ;rs amended. The effect of the
provision is Eo prevent the creation of single member representa-
tive d'i"tti"t" and'of representative dlstricts with substantial
percentages or najorlties of black registered voters. The purpose

and effect of the provisions is to diminish the voting effectiveness
of plaintiffs and of other black voters who are members of the

class.

Finally, in 1981, the North Carolina General Assembly enacted

a plan of districts for the united st,ates congress. This plan

has the purpose and effect of diluting the vote of black citizens
and avoiding the concentration of, registered black votetrs.

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This action is brought pursuant to the Voting Rights Act of
1955r ES amended (hereafter nthe Voting Rights Actr), 42 U.S.C.

51973 et ses, and under 42 U.S.C. SS1981 and 1983, pursuant to

t,he Fourteenth and Fifteenth Amendments to the United States

Constitution, in order to prevent defendants from holding elec-
tions for the North Carolina Ilouse of Representatives, the North

Carolina Senate, and the Unlted States Congress pursuant to an

apportionment which denies blagk citizens effective representation

because of their race and pursuant to an apportionment which

underrepresents them.

II. ilurisdiction
2. The Court has jurisdiction pursuant to 28 U.S.C. SS1331

and 1343 and 42 U.S.C. S1973c. This is an action arising under

the statutes and Constitution of the United States and an action

to enforce statutes and constitutional provisions which protect

civil rights including the right to vote.

3. Plaintiffst claims under 55 of the Voting Rights Act of

1965r Els amended, and under the Fourteenth and Fifteenth Amendments

to the United States Constitution must be determined by a three

judge court pursuant to 28 U.S.C. S2284(a) and 42 U.S.C. 51973c.

4. Plaintiffs seek declaratory and other appropriate

relief pursuant to the Declaratory Judgment Act, 28 U.S.C. SS22O1

and 2202.

III. Parties

5. Plaintiff Ralph Gingles (hereafter "Ging1es") is an

adult b.iack citizen of the United States who resides in Gaston
I

County, North Carolina. Gingles is properly registered to vote

in elections of the North Carolina House of Representatives and

Senate.

6. Plaintiff Sippio Burton (hereafter rBurtontr) is an adult

black citizen of the United St,ates who resides in Cumberland

County, North Caro1ina. Burton is properly registered to vote in
elections of the North Carolina House of Representatives and

Senate.

7. Plaintiff Fred Belfield (hereafter ntselfield") is an

adult black citizen of the United States who resides in Nash

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county, North carorina. Belfield is properly registered to vote

in elections of the North Carolina House of Representatives, the

North Carolina Senate, and the United States Congress.

8. Plaintiff Joseph Moody (hereafter nMoodytr) is an adult
black citizen of the United States who resides in Ealifax County,

North Carolina. Moody is properly registered to vote in elections
of the North Carolina Eouse of Representatives, the North Carolina
Senate, and the United States Congress.

9. Defendant Rufus EdmiEten is an adult resident of the
State of North Carolina.' Ee is sued in his official capacity as

At.torney General of the State of North Carolina on behalf of the

state of North carolina. rn his capacity as Attorney General, it
is his duty to represent the State in all civil actions in which

the State is interested.

10. Defendant James C. Green is an adult resident of North

carolina. He is sued in his official capacity as tieutenant
Governor of North Carolina and as President of the North Carolina
Senate.

11. Defendant Liston B. Ramsey is an adult resident of
North carorina. Ee is sued in his officiar capacity as speaker

of the North Carolina House of Representatives.

L2. Defendant Thad Eure is an adult resident of North

carolina. lle is sued in his official capacity as secretary of
state of North carolina. rn that capacity it is his duty to
certify the results of all North Carolina eleqtions to the United

States Congress and all elections to the North Carolina Senate
I

and House of Repreientatives from multi-county districts.
13. Defendant State Board of Elections of North Carolina

(hereafter ithe Board of Elections") is responsible for supervis-
ing and conducting prlrnary and general electlons ln the State of
North Caro1ina. It has the authority to control the conduct of
prinaries and general erections. rt is arso responsible for
computing the results of rnulti-county electj.ons.

14. Defendant R. Kenneth Babb is a resident of North

carolina and a member of the Board of Elections and is its
Chairman.

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15. Defendant John L. Stickley, SE.1 Ruth Semashko, Sydney

F. C. Barnwell and Shirley Herring are residents of North Carolina

and members of the Board of Elections.

16. As members of the State Board of Elections, defendants

are authorized to exercise the powers and duties of the State

Board of Elections.

IV. Class Action

17. Plaintiffs bring this action as representatives of the

class of all black residents of the State of North Carolina who

are eligible to and registered to vote.

- 18. The class is so numerous that joinder of all members is
impracticabl,e.

19. The question of the legality and constitutionality of
provisions of the North Carolina Constitution and the apportion-
ment of the North Carolina General Assembly and Congressional

Districts which are at issue raise questions of law and fact
common to the class. '

24. The claims of the representative parties are typical of
the claims of the other class members.

2I. The representative parties have a personal stake in
this controversy and have retained competent and experienced

counsel to represent them. They will fairly and adequately

protect the interest of Ehe class. -

22. The prosecution of separate actions by individual
members of the class would create a risk of inconsistent or

varying adjudications which would establlsh incompatlble stan-
dards of conduct for defendants. The State of North Carollna can

have only one plan to apportlon the representative districts of

its legislature and congressional distrlcts. fnconsistent adjudi-
cation of the legality of the current apportionment or of the

requirements of a future apportionment would establlsh incom-

patible standards of conduct for defendants.

23. Since North Carolina conducts elections in accordance

with only one apportionment and in accordance with the North

Carolina Constitutlon, defendants have acted and refused to act

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on grounds generally applicable to the c1ass, thereby making

appropriate final injunct,ive relief and corresPonding declaratory

relief with resPect to the class as a whoLe'

V. COUNT ONE: NORIH CAROLINA CONSTITUTIONAL PROVISIONS

effi,. APPoRTIoNuENT oF THE NORTE CAROLINA GENERAL

ASSE!{BLY.

24. The North carolina General Assembly consists of the

Senate and the Bouse of Representatives'

25. In 1967, North carolina amended its constitution to

change the manner of apportionment of the General Assembly'

26.ArticleII,s4(3),Y,asadoptedandprovidesthatno
cgunty shall be divided in the formatlon of a Senate district'

27. The 1969 revision of the North Carolina Constitution

retained this provision but renumbered it to become Article II'

s3(3).
28. Prior to Lg67 the North carolina Permitted the General

Assembly to divide a county in forming of a Senate district if

that county $ras entitled to t\ro or more Senators; since 1967 the

North Carolina Constitution has prohibited the General Assembly

from dividing a county in forming a senate district.

29. In 1957r the North carolina constitution was amended by

adoptingArticlellss(3)whichprovidesthatnocountyshallbe
divided in the formation of a rePresentative district'

30. The 1969 revision of the North Carolina Constitution

retained this provision but renumbered it to become Article II,

s5(3).'
31.' prior to 1962r the North Carolina Ccinstitution provided

that most rePresentative districts vrere to be'single member

districts.
32. Forty of North carolinars counties are subject to s5 of

the Voting Rights Act, 42 U.S.C. S1973c'

33. Electlons in each of these forty counties were affected

by the 1967 amendments to the North Carolina Constitution'

34. The named plaintiffs reside in four of the countles

which are covered by s5 of the voting Rights Act of 1965r BS

amended.



35. North Carolina did not submit the 1967 amendments to
the North Carolina Constitution to the Attorney General of the
United States for approval pursuant to q2 U.S.C. Sl973c, nor did
North carolina obtain a declaratory judgrnent from the united
states District court for the District of columbia that the
Constitutional Amendments do not have the purpose and will not
have the effect of denying or abridging the right to vote on

account of race or color.
36. The purpose and effect of the L967 amendments to the

North carolina constitution, as described in paragraphs 26 and

2: above, is to dilute the voting strength of black citizens and

to deny then the effective utilization of the right to vote on

account of their race.

37. rn 1981, North carolina enacted a reapportionment of
its General Assembly.

38. According to the united states census for l9gor the
population of Gaston county, North carolina, in which plaintiff
Gingles resides, is L621568.

39. If the North Carolina Constitution did not forbid divid-
ing counties in creating representative districts, Gaston County

could be divided into three representative districts.
40. According to the united states censuE for 1990, the

population of Cumberland County, North Carolina, in which plaintiff
Burton resides, is- 247 ,160.

41. If the North Carolina Constitution did not prohibit divid-
ing senatorial districts, Cumberland County could be divided into
at least two senatgrial districts.

42. In each instance, dividing the county would concentrate
the vote of black citizens and enhance the effectiveness of the
vote of black citizens.

43. The 1981 apportionment of the Generar Assembly obeys

the North Carolina Constitutional prohibition against dividing
counties and, therefore, has the effect of diluting the vote of
black citizens.

44. 'The Board of Elections will supervise and conduct elec-
tions for the North Carolina General Assernbly in even numbered



years from 1982-1990 in accordance with an apportionment adopted

pursuant to Article II, SS3(3) and 5(3) of the North Carolina

Constitution unless the Court orders them not to do so.

A. First Claim for Relief
45. Plaintiffsr first claim for relief is brought pursuant

Eo 55 of voting Rights Act of I955r :rs amended, 42 u.s.c. Sl973c.

46. Defendants continue to enact apportionment plans and to
conduct and supervise elections for the North Carolina House of
Representatives and the North Carolina Senate in accordance with
Article fI, SS3(3) and 5(3) of the North Carolina Constitution.
rtiris practice violates 55 of the voting Rights Act since North

Carolina did not subnit these provisions either to the Attorney
General of the United States or to the United States District
Court for the District of Colunbia for approval in accordance

with 42 u.s.c. Ig73c.

B. Second Claim for Relief

. 47. Plaintiffsr second claim for relief is brought pursuant

to 52 of the Voting Rights Act of 1965 as arnended, 42 U.S.C. 51973.

48. The provisions of the North Carolina Constitution which

prohibit dividing counties in the establishment of representative

and senatorial districts were adopted with the purpose of prevent-

ing a substantial number or majority of black voters from compris-

ing a representative or senatorial district and with the purpose

of Preventing black citizens from effectively exercising their
right to vote on acCount of race or color.r i

49. The effect of these provlsions of the North Carollna

constitution is to dilute the vote of black citizens and, thus,

to deny and abridge thelr rlght to vote on account of race or
color.

C. lhlrd Clalra for Rellef
50. Plaintiffsr third clalrn is brought pursuant to 42

U.S.C. 51983 to enforce the egual protection clause of the Four-

teenth Amendment and the Fifteenth Amendment to the United States

Constitution and pursuant to 42 U.S.C. 51981.

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51. The provisions of the North Carolina Constitution
which prohibit dividing counties in the establishment of, represen-

tative and senatorial districts were adopted with the purpose of
preventing a substantial number or a majority of black voters
from comprising a representative or senatorial district and with
the purpose of preventing black citizens from effectively exercis-
ing their right to vote on account of race or color.

52. The effect of these provisions of the North Carolina
constitution is to dilute the vote of black citizens and, thus,

to deny and abridge their right to vote on account of race and

color.
IV. COUNT TITO : MAT.APPORTTONHENT OB TEE NORTH CAROLINA

ENEffiE as-essEr'rBLy

53. In 1981, North Carolina enacted a reapportionment of
the North Carolina General Assembly.

54. A true and accurate copy of Chapter 800 of the Session

Laws of 1981 which establishes representative districts for the

North Carolina llouse of Representatives is attached as Exhibit A

to this Complaint.

55. A true and accurate copy of Chapter 821 of th Session

Laws of 1981 which establishes senatorial distrlcts and apportions

the seats of the North Carolina Senate ls attached as Exhibit B

to this Complaint.

56. The 1981 apportionment of the General Assembly does not

have Representative or Senate distrlcts with a reasonably equal

number of citizens per Representative or Senator.

57. The average population per memberl foT the North

Carolina Bouse of nlpresentatives is 48rg54.

58. The plan which the North Carolina General Assembly

enacted has districts which range from a population of 551286 in
Halifax County to a populatlon of 43t724 per member ln the three

member district composed of Bladen, Columbus and Sampson Counties.

59. This deviation of populatlon from the average popula-

tion per member results in a overall range of deviation of 23.6

percent.

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50. Plaintiff Ging1es, plaintiff Moody, and the other
class members are underrepresented in the North Carolina Eouse of
Representatives .

51. The average population per member of the North Carolina
Senate is LL7 ,489.

62. Under the plan adopted by North Carolina, Senate

Districts range fron a popuratlon of L32r374 per senator in the

senate distriet composed of Harnett, Lee and wake counties to
105r718 in the Senate district which consists of Guilford County.

63. This deviatlon of population from the average popula-

t-ion per Senator results in a overall range of deviation of 22.7

percent. '

64. Plaintiff Burton and the other class members are

underrepresented in the North Carolina Senate.

55. At the time when the apportionment of the North Carolina
General Aserubly was adopted, the members of the General Assembly

knew the extent of the deviation of population sizes from the

average population per district, and they enacted the apportionment

disregarding. this deviation.
A. Fourth Claim for Relief
56. Plaintiffsr fourth claim is brought pursuant Eo 42

U.S.C. 51983 to enforce the equal protection clause of the

Fourteenth Amendment to the united states constitution.
67. The apportionment of the North Carolina Eouse of

Representatives and the North Carolina Senate as described in
paragraphs 53 through 55 above results in plaint,iffst being

underrepresented, does not comply with the 'one person--one votetr

requirement for legislative apportionment, and denies plaintiffs
their right to equal protection under the Fourteenth Anrendment to
the United States Constitution. .

VII. COTNT TEREE: DILUTION OF BLACK VOTE IN NORTE
GToEiiIE.-ce N E RAL As s EII{B L Y

68. The apportionrnent of the North Carolina General

Assembly enacted in Chapters 800 and 82L of the Session Laws of
1981 has the purpose and effect of 'dirninl.shing the concentration

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of black voters and decreasing the effectiveness of the vote of
black citizens. .

A. Fifth Claim ior Relief
59. Plaintiffsr fifth clairn is brought pursuant to s2 and

s5 of the voting Rights Act of 1965r €rs amended, 42 u.s.c. ss1973

and 1973c.

70. The intent and effect of the apportionment of the North

Carolina General Assenbly which North Carolina adopted in 198I is
to dilute the vote of black citizens and to deny plaintiffs their
right to use their vote effectively.
- B. Sixth Claim for Relief

7L. Plaintiffsr sixth claim is brought pursuant Eo 42

u.s.c. s1983 to enforce the equal protection clause of the

Fourteenth Amendment and the Fifteenth Anendment to the United

States Constitution and pursuant to 42 U.S.C. S19BI.

72. The intent and effect of the apportionment of the

North Carolina General Assembly which North Carolina adopted in
1981 is to dilute the vote of black citizens and to deny black
citizens the right to use their vote effectively.

VIII. COUNT FOUR: APPORTIONMENT OF UNITED STATES
ffiuAL DrsTRrcrs

73. In 1981 North Carolina enacted a reapportionment of its
representative districts for the United States Congress.

74. A true a1d accurate copy of Chapter 894 of the North

Carolina Session Laws of 1981, which establishes representative
districts for the united.states congress, is attached to this

75. Plaintiffs Belfield and Hoody are eligible to vote and

are registered to vote in the Second Congressional District.
76. North Carolina excluded Durham County from the Second

Congresslonal Dlstrlct for the purpose of and wlth the effect of
preventing the black citizens of the Second Congressional

District from effectively exercising their right to vote.

A. Seventh Clain for Relief
77. Plaintiffst seventh claim for

to 52 and 55 of the Voting Rights Act of

relief
1965,

1S

as

brought pursuant

amended, 42

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U.S.C. SSl973 and 1973c.

78. North Carolinars apportionment of its representative

districts for the United States Congress has the purpose and

effect of diluting the vote of black citizens and of denying

black citizens the right to use their vote effectively.
B. Eight Claim for Relief
79. Plaintiffsr clai.m for relief is brought pursuant to 42

U.S.C. 51983 to enforce the equal protection clause of the Four-

teenth Amendment and the Flfteenth Amendment to the United States

Constitution and pursuant to 42 U.S.C. 51981.

. North Carolinars apportionment of its representative

districts for the United States Congress has the purpose and

effect of diluting th." vote of black citizens and of denying

black citizens the right to use their vote effectively.
V. Equitable Relief

8I. In 1971 the North Carolina General Assembly was appor-

tioned in accordance with the provlsions of the North Carolina

Constitution.
82. In L972t 1974, 1976, L978 and 1980, defendants cor-

ducted elections pursuant to the L972 apportionment plan.

83. Unless tle Court orders defendants otherwise, in 1982

defendants will supervise and conduct elections for the North

Carolina Senate, the North Carolina House of Representatives, and

the United States Congress pursuant to Chapters 800, 821 and 894

of the North Carolina Session of 1981.

84. Plaintiffs have no remedy at law which is an,adequate

redress for being feprived of their right to vote and for being

represented by a legislature that is illegally and unconstitu-

tionally constituted.

VI. Praver for Relief
WHEREFORE plaintlffs pray that the Court:

1. Convene a three judge court in accordance with the

provisions of 28 U.S.C. 52284i

2. Certify this act,ion to be a class action;

3. Declare that Article If, S3(3) and S5(3) of the North

Carolina Constitution are in violation of 55 of the voting Rights

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Act of 1965r ils amended, and enjoin defendants from enacting any

legislation and from conducting, supervisirg, participating in,
or certifying the results of any election pursuant to an apportion-
ment which was enacted in accordance with these constitutional
provisions until and unless these constitutional provisions have

been submitted and approved in accordance with 42 [J.S.C. S1973c;

4. Declare Article II, S3(3) and S5(3) of the Constitution

of North Carolina to be in violation of 52 of the Voting Rights

Act of 1965r €ls amended, and the Fourteenth and Fifteenth Amend-

ments of the United States Constitution and enjoin defendants

from enacting any apportionment of the North Carolina General

Assembly in accordance with these provisions and from conductlng,

participating in, supervising or certifying the results of any

election for the North Carolina Senate or the North Carolina

House of Representatives pursuant to any apportionment enacted in
accordance with . these constitutional provisions;

5. Declare that apportionment of the North Carolina Senate

and North Carolina House of Representatives as enacted in Chapters

800 and 82L of the North Carolina Session Laws of 1981 violates
the equal protection clause of the Fourteenth Anendment to the

United States Constitution because the apportionment does not

have representation districts which are equal in size and enjoin
defendhnts from participating in, supervisirg, conducting, or

certifying the results of any election pursuant to this apportion-

ment .tia from enacting any apportionment in the future which has
r!

representation dlstricts which are not equal in size;

6. Declare that the apportionment of the North Carolina

€enate and the North Carolina Eouse of Representatives as enacted

in Chapters 800 and 821 of the North Carolina Session Laws of

1981 dilutes the vote of black citizens and denies plaintiffs and

other class members the right t-o use their vote effectively
because of their race in violation of 52 and 55 of the Voting

Rights Act of 1965r ES amended, in violation of the Fourteenth

and Fifteenth Anendments to the United States Constitution, and

in violation of 42 U.S.C. 51981 and enjoin defendants from

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Participating in, supervisirg, conducting or certifying the
results of any election pursuant to this apportionment and from

enacting any apportionment in the future which has the purpose or
effect of diluting the vote of black citizens because of their
race i

7. Declare that the apportionment of the representative
districts for the United States Congress as enacted in Chapter

894 of the Session Laws of 1981 denies plaintiffs and other class
members who reside in the Second Congressional District their
right to use their vote effectively in violation of 52 and 55 of
vgting Rights Act of 1955r ES amended, in violation of the
Fourteenth and Fifteenth Amendments to the united states
constitution, and in violation of 42 u.s.c. 1981, and enjoin
defendants from participating in, supervisirg, conducting, or
certifying the resurts of any election pursuant to this appor-
tionment and from eriacting a plan of apportionment of united
States Congressional Districts in the future which has the purpose

or effect of diluting the vote of black citizens because of their
race i

. Award the costs of this action, including reasonable

attorneysr fees, to plaintiffs; and

9. Grant plaintiffs such other and further relief as may

be just and appropriate.

rhis /+ day of *ry , teel.

ambers, Ferguson, Watt, Wallas,
Adkins & Fuller, P.A.

951 South Independence Boulevard
Charlotte, North Carolina 28202
7A4/375-8461

JACK GREENBERG
JAII{ES !I. NABRIT, TII
NAPOLEON B. WILLIAMS, JR.
10 Columbus Cirele
New York, New York 10019
2L2/586-8397

Attorneys for Plaintiffs

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\-,.

GENERAI ASSEMBLY OF NORTH CANOUNA

SESSION 1981

RATIFIED BILL

cElPrEE 800

EOrrsE BrI.t 415

AI{ ACT IO APPOBIIOX TTIE DISTEICIS Or TEE UORTB CAEOLIUA IIOUSE:O8

NEPEESENTATIVES.

The Geueral assenbly of xorth carolLna egacts! ,

. Sectioa 1. G.S. 120-2 is rerrltten to reacl:
ttl 120-2- Ho$se apoortionoeut specifie4.--For the purpoSe of

noaiaatiag aod electiag lenbers of the xorth Carollua Eouse of
Represeatatives ia 1982 aacl every tro yeaEs tbereafter, the State
of North Caroliaa shall be tlivlded into forty-four ctistricts .as

follors:

Caadeu, Choraa, Currituck, DaEe,

ancl fashJ.ugtou. Couaties, aud

Beaufort and Eyde Counties, aacl

\-/ District 1 shall coasist of
Pasguotaak, perqui[aDs, gyrreJ-l,

shall elect tro Bepreseatatives.

District 2 sha].]. cousist of
shalL elect ooe Bepresentative.

District 3 shall consist of Cravea, iIones, Leaoir, aa<l paalico
counties, aad shalr elect three BepEeseatatives-

'DistEict 4 shal1 conslst of carteret aadl ouslor couaties, aad

sball elect tbree gepEeseltatiyes.

District 5 sharl consist of Bertie, Gates, Eertf,ord, ttartia,
and tlorthanpton couatie5, and sball elect tro gepreseutatives.

District 6 shall coasi.st of Eal5.far Couuty, laad 
sha;.J' e16ct one

Bepreseutative.

EICIIBIT A--5 pages



Oistrict 7 .U"ff i .ou=ist of Eclgeconbe, lIash, anil tlilsoa

counties, and sha1tr elect four Bepresentatives

District 8 slaLJ. consist of Greene aud Pitt Countiesi aod shall \--l
elect tro Represeutatives. '

gistrict 9 shall coosist of Iayue Couuty, aacl shall elect-tro

BepEesentatives.

District 1O shall coDsist^ of". Eobesoq Countyr''- ancl shall. elect

tro Bepresentatives. ' :':i: 1: " 11{.r!'';;':5li' ' '' "iri':: ' ' -^'i

District 11 shall cousist of Bruosrick, Dupliu, aacl Pencler

Couatibse aad shal.l elect tco Bepreseotatives. : r .

District 12 sball co.asist of . Ney'Eanover County, .aud. shall

elect tro Represeatatives.

. Distrj,ct 13 shall coasist'of, Casuellr'Gratrville/ Person, VaBce,

ancl larre1 Countiesr.. aodl shall elect three -Bepreseutatives. !.ri '

i
District 1+ shal]' consist of ''Eranklia ancl Johostou Counties,

aud sha]I elect tro Bepresentatives- .\J

District 15 sl.i[ consist of lalte Courty, alcl sball elect 'sir

Bepresentatives. ::. "' i.'--""' '':i"" ' ,'
District. 1e shal.]. consist of Durhao CouDty, aod shall elect

three Bepreseltatives.

District 17 shalt cousist of Chathau ind Orange Counties, aad,

shall elect tro BePreseutatives-

District 18 shall cousist of Harnett aucl Lee Couuties, and

shall elect tco RePreseatatives.

District 19 sball consist' of . Blacten, Coluubus, ancl Sanpsou

couatiese ancl shall .elect three Bepresentatj.ves.

i

Eouse Bi].l 415



-
I

oistrict 20 sharl consist of cuaberlanci courty, aad shall erect
fiveRepresentatives. : ..

Y District 21 sball coosist of Eoke.aacl scotland couaties, aacl

shaII el,ect oDe BepEesentative.

Distrj'ct 22 shall'consist of Alaaauce and Bock5.nghao counties, :

antl siraLl elect four Represeutatives. .

District 23 siral-l coosist of Guilforil couuty, aucl shall. elect
seven Bepresentatives. ..

District 24 shall cousist of: RaDdolph county, aad shall €Iect,
tuo Representatives. i .,

District 25 shaIl coasist of uoore'county, ancl sbal;. elect oDe.

District 26 shall cousist of Ansou aad f,oatgouery couuties, , aud . . ' . .

i

District 27 sball coosist of BicL,noud Couuty, .ancl. shalt elect :

oDe Represeotative. .' ' .

District28shal1consistofA11eghaay,Ashe,Stokes,Surry,
and tlatauga Counties, aacl' shal1 elect three Bepreseutatives.r . .

District 29 sha1l cousist of lorslrt}, CouDtyr. aact shall elect
five Representatives

District 30 sbalL consist of Davidson aad, Davie Couaties, and,

shall elect th,ree Represettatives..
District 31 shall coasiit of Rovan Couaty, andt shall elect tro

Representatj-ves :

District 32 shalI gousist of Stanly couaty, aucl sball elect oae

_Eepresentative. i
I

rt
!

I

House BiJ.l 415

t.



District 33 shall eoasist. of Cabarrus-aud Union Couuties, ancl

raII elect three Bepreseotatires.

Drstrict 34 sball coosist of ' Calclrelle flilkes, and ladkiu \J
lusties, ancl shall elect three Bepreseotatives.

Ilistrict 35 shall cousist of Aleraader and IredeIL Counties,

rcl shall elect tr o R.epEeseatatiYes:.. l

,-
Drstrist 36 shalL coosist " of - lteckleoburg Couuty, asd shalL

Lect aioe Bepreseutatives. 
i

District 37 shall consist of Catarba Cbuuty, ascl sha1l elect

District 38 sball consist of Gastoo aoct Liacola Counties, aucl

hall elect four Represeutatives- '' '

District 39 'sbaIl colsist of : Avery, Burke, and Ej.tchell

ouaties, auci sha1l elect tro BepreseutatiYes.'

District ItO shall consist of Clevelaodl, PoIk,. and Rutherfold, -

shall elect three Bepresea joulties, ancl shall elect three Bepreseatatives-

District 41 shall coasist of [cDouell'ancl lagce]'i Couuties, aad

hal-L elect one Bepreseatative

District 42 shaLl cousist . of BuDcoabe, EeaclersoB, aud'

ransylvaoia Counties, aucl sUatt elect five Bepreseutatives.

District q3 sbaJ'l cousist of Eayrood, Jacksoa, Eadison, aud

raiu Counties, ao<l shall elect tro. Bepieseutatives.

District qlr shall coasist of Cherokee, Clay, Grahau, aucl llacon

:ounties, auil shalI elect'one "Eepreseutative. n

..-J

Eouse Bitl 415

il

I

I



this the

Sec. 2.

In tbe

3rcl day

fhis ,act

GeaeiaJ.

of July,

is ef,fective'

lsseubly read

1981 .

l

upoD ' ratification.
tbree tiues aud:ratif,ied,

JAMES C. GREEN

ilaues C. Greea

Presidlent of the Seuate

U$TOT B. RAMSEY

Liston B. Bansey

Speaker of t},e Eouse of BepEesentatives

Eouse BiIl ll15 :..



\-/

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1981

RAT1FIED BILL

cEtPrEE 821

AII ACI !O ESTABLISB SEUATOBIAI. DISTBICTS Af,D rO IPPOEIIOX SEATS

IT lEE SEUAIE AUOIIG DISTEICIS.

fhe General Asseubly of Uorth Carolisa €Dacts:

section G.S. 120-1 is hereby deleted aad tbe
folloriag iusertecl iu J.ieq thereof:

tt!' 120-1- seoatots.--Por the purpose of noniuatiag anclt 
"r;; seaate iu 1gg2 aud eveEr tro, yeaEselecting lenb

thereafter, seuatorial districts are established aad seats in the

seuate aEe apportiouecl aaorg those tlistricts as follous: !
District 1 shaLr cousist of, Beaufort, Bertie, cauileu, chorau,

currituck, Dare, Gates, Eertforcl, Eyde, llorthanptoa, pasquotank,

Perquiaaas, lyrrell, aucl fashiagtou Couaties and shall elect tro
seDators

District 2 shall coasist of carteret, craveu, aua paalico

Couaties aual shall elect one Sesator.

District 3 shall cousist of oaslor Couuty aadl, shal1 elect oue

Senator

Distri'ct tl sball coDsist of trer Eaaover and Pender Couuties aDd

shall elect one Seoator. 
I

District 5 shall coasist of Duplla, iloues, aact leuoir Counties

and shall elect ooe Senator. ' ,

District 5 sLall- cousist of )trdgecoube aad dalifar Couaties aact

sball elect oue Seaator.

HCIIBIT B--4 pages



"'District 7 shall Coasj.st of Eartin aad, Pitt Couuties aad sha].].

. elect oae Seoator. i

. 
4- 

l

District I shall consist of FranlcJ.i-trr. Xash, Yance, rarEen, an<l J
,:li

Ii.Lson Couaties ancl. sball e.I.ect.$ro ,SeuatoEs.

District 9 shall coasist of Greere and flayue Couatj.es and sha1l

District 10 shalL coaii.st of,'JoLostoa aud Sanpson Couaties aad

shall elect oae Seoator.

Distcict 11 shall coasist of,' Canberlandl Couuty ancl shal.J. elect
tvo S€oators. * .i

District 12 shal.J. consist'of' Bladea, Bruusr.ick, ancl Coluubus'

Coqaties aad shall elect oue Seqator.

. Distri.ct 13 shal]. . cousist of Eoke aad Bobesou Counties..aocl
! , 

.!'shall elect oae Seuator.

District 14 shal.J. coasist of .Durhau., Graaville, and Person i

shall elect three Senatorg. , , ,

. District 16 shal.l coosist of ,A.Lleghauy, Ashe, Surry aud flatauga

Counties and sball elect o[€ Seoator

District 17 slall consist.''of Eockiaghar aud Stokes Couuties aad
l.r

shall elect one Seuator. ..t

. District 18 sbal'J. . cous:lst. of, .Chathan., Uoore, Oraage, .aod 
:

Raurlolpb Couuties aocl, shal'J. elect tro Seaators.

Dtstrict 19 sh,alJ. consist. of lnsonr' lortgotery, 8lcblood,

Scotlaad, Staaly, aael lhi.on Couaties aacl i shal,I elect tro '

:

Seaators.

Counties aacl shall elect tro .SenatoEs.

District 15 shall consist of Earaett, Lee audl flake Couuties ancl

I,

i

it
,lrl

ri
ll

Sdate Bil]. 313
,2



. District 20 shall cooiist of Alioaoce aacl casrell couuties aoct

shall elect one SeBator.

\-/ District 21 shall consist'of Forsyth Couaty aa6 shall elect tro

' District - 22 shall coosist of Guilfordl couoty and sball blect
three Seuators

District 23 shall coosist of Daviclson, Davi,e, andl Borau \.

Couoties aud shall elect tro Senators.
District 24 shall cousist of cabarEus aud teckleaburg couuties

aud, sha].J. elect four Seoa-toEs.

District 25 shall coasist of Aleraacler, Catarba, Iredell, anil

. rad,kin counties and shall elect tro Seaators.
\
District 26 shall consist of Avery, Burke, caldlrell, tlitchell,

and flirkes couoties aadl shall elect tro seaators. :

District 21. shall coasist of Clevelaad, Gastoa, Lincoln, andl\./
Rutherforcl counties aud sharl elect three senators.

District 28 shalI cousist of Buucoube, f,aclisoa, lcDorell, aucl

raacey couaties and, shalr erect tuo seuators.
District 29 shall cousist of Cherokeee Clay, Grahau, Eayroocl,

Heodersou, Jacksou, [aco[, Polk, Sraiu, ancl fraos]lvaaia Couuties
aucl shall elect tro SeoatoEs.r

3
Seaate Bil]. 313



:

Sec- 2'-' rhi'$'ect'is effective upotr ratificatiou. , : j.'

Iu th.e Geueral lsscr^bl1 reacl threeitiues aad ratifiecl,

LISTOf{ B. RAMSEY : ,.

Listm: 8.' .8ausey

Spei},er of the Eouse of Bepreseutatives

t

I

t

4 isetrate BiIl 313

//



GENERAL ASSEMBLY OF NORTH OAROLINA

SESSION 1981

RATIFIED BILL

CEIPTEB 894

SEf,ITE BILI. 87 :

AI' ACT rO DIYIDE rORlE CABOLIXI IXTO ELEVEII COTGBESSIOf,TT

DISTRICTS. ':
.,

The Geoecal tsseobly of tlorth Carolina eaacts: : 
:

Sectioa t. c.s. 163-261 is rerri.tten to read, ' 'l
n$ 153-201. louqressioaal districts seeiUiea. -- (a) For the

PurP-ose of nori.aatiag aacl eletting selbers of the Eouse . of
Bepreseutatives of the Cou.gress of the Uuitecl Sth,tes in 1982 iu<l

eveE]' tro yeaEs'thereafter, the'State of f,orth Caroliua sha].]. be

di-vided iato 11 districts as follous:
FIIiSI DISTRICT: Eeaufort, Birtie, Cauden, Carteret, Ch6ran.

aveD, Currituck, Dare, Gatesr:GEeeDe, Eertford, Eydle, Leaoir,
NorthanptoE, Pan1ico, Pasquotauk, perquiaaas, pitt,

Tyrrell, ancl lashiagtoa Couaties.

sEcollD Drst8rcr: alanaace, casrell, 'chathan, Edgecoube,

frarrklin, Griuville, Balifa:, Xash, persoa, vaacer. faarear. aad

Ii.lson Coonties.

. THIBD DISIBICE: Blacleu, Duplia, Earaettr' Johuston, iloles, Lee,

Oaslor, Pescler, Saupsoa, aad laI,B€ Couuties.
I

fOOBtE DISIBICI: Durhal', Oraage, alcl Eake Couaties.
. ,IFtH DISSEfCI: lle."oa"", Alleglaay, Ashe, Forsyth,
' Bockioghae, Stokes, Surry., aad Eltrkes Coqaties.

- slxlH DfSfBICf : Davirlson, euilfortl, and Bandolph Couatles; a3d

ouly tle folloring torusbips of f,oore County: Tornshlp 1

. EXIIIBIT C--3 pages



(t--t'rthage) , T.orasbip, 3 (sbef,fie.1ds! , roruship 4 (SitteEs) ,\

Tornship 5 (Deep Biver) e ,Bd totasbip. 6 (Greeurood).
sEtIEilTH DISIgI Cf :. gruus*tcir' Coluobus, Cuoberlaud, Xer

Hatro.ver, aud Bobesou couaties_. ,l:,:l ,',_..
' ; EIGHTH. DIS?BICI :. A8soa, ca,bar.rus, Davie, Eoke, Uoutgoo€El r

Sichaoucl, RoraB, Scotrand,r, stalrrr, Buion, a!a radkin couaties;
aad, all toraships of looEe cotrDtx, ercept: lornship 1 (carthage),
touusbip 3 (sheffi.erds).r, toraship 4 taittersl , Tounsbip 5t (Deep
&iver),. toraship 6 (Greenrood,.

NrilTH' DISTRICT: Ireilellr. Liac-olur, .and,. f,ecklenburg, courties.
' IExl.n DIsIBicf : AveEy, Bnsker..Caldrel].r- Catarbar. Clevelaod,

Gastour. a[d Hatauga Couaties..
' ELEYEITE DrslBrcr:, . ,oo"oio.r, 

"o"aokee, 
clay,, Grahao, Eayroodl,

Henderloo, .f""t"oor la.cou, traclis9trr. ,"ror"ffr, uitcleff , polk,
Butherford,Srain,rraasy1Yaaia-.*raaceycouaties.

(b) the lane aucl bouudari"= of toroships specified in this
sectiou. 1r.e as they uere leg.alty 

. 
rlefiaeil audl ia effect . as of

January 1r.1980r. ancl .recognize.d. i.d !1e,.. 19g0 0-s.. ceasus.r, -.;

2



sec. 2. rbis act is effective upoB ratiflcatioB.
In the Geoeral l,ssenbly readl three tj.aes aad ratif,ied,

this the 9th day of July, 1991.

JAMES C. GREEN

\

:

PresLdlent of the Seaate

LISTOI{ B. RAMSEY

Liston B. Bansey

Speaker of tLe Eouse of Bepr€seltatives

:

l

?

a

Senate EilI 87