Answer

    POR

RALPH GINGLES, Et

Plainti
v.

RUFUS EDMISTEN, €t

Defenda

The Complaint

be granted.

The Defendants

allegations contai

1. Defendants

injunctive rel j-ef .

to form a trelief a

identity of the p1

allegations of par

2. Defendants

3. Defendants

belief as to the t
4. Defendants

12, 13.

5. Defendants

Defendants admit

Board of Elections

M. Envin, Ruth T.

are now members of

6. Defendants

7. Defendants

belief as to the t
20, 21, 22, 23.

(

THE UNITED STATES DISTRICT COURT
CAROLINA

NO. 81-803-crv-s

IE EASTERN DISTRIET OF NORTTI
RALEIGH DIVTSTO}I

CIVIL ACTION

1.,
fs,

ANSITTER

ails

al., )
)

)

FIRST DEFENSE

to state a claim upon trhich

admit the allegations of paragraph

are raithout sufficient knovrledge to

ir I -!-r '* 
l't')

IDEC - S iUUI

J.,RlCl-l LEOIIARD, CLERI(

U. S. DISTRICT COURT

E" DIST. NO. C]\R.

relief can

SECOND DEF'ENSE

in the above-captioned action ansv/er the

ed in the Complaint, as follows: _

admit that plaintifts seek declaratory and

Defendants are without sufficient knoryledge

to the truth of the allegation regar<1ing

intiffs. Defendants deny all the remaining

graph 1.

admit the allesations of Paragraphs 2, 3, 4.

are rvithout Sufficient knorrledge to form a

uth of the allegations of paragraphs 5, 6, 7 , g.

admit the allegations of paragraphs g, 10, 11,

deny the allegations of paragraphs L4, 15.

at Robert I^r. Spearman is nov, a member of the

and its Chairman. Defen<lants admit that El1oree

emashko, William A. .Yarsh, Jt. and John A.. Walk-er

the Board of Elections.

16.

form a

17 , 18, lg,uth of the allegations of paragraphs



8. Defendant

27, 28, 29, 30.

9. Defendant

10. Defendant

11. Defendant

belief as to the

L2. Defendant

13. Defendant

L4. Defendant

belief as to the

15. Defendan

16. Defendant

belief as to the

L7. Defendant

helief as t-o the

18. Defendant

that they admit

Consti-tution.

19. Defendant

as to the truth o

19a. Defendant

20. Defendants

21. Defendants

22. Defendants

23. Defendant

24. Defendant

25. Defendant

except Defendants

Chapter 800 of th

by enactment of C

26. Defendant

27. Defendant

-2-

admit the allegati.ons of Paragraphs 24 , 25, 26 ,

deny thc allegations of Paragraph 31.

admit the allegations of Paragraphs 32, 33.

are without sufficient knovrledge to form a

th of the allegations of Paragraph 34.

deny the allegations of Paragraph 35, 36.

admit the allegations of paragraphs 37 , 38.

are urithout sufficient knowledge to form a

uth of Paragraph 39.

admit the allegations

are wi-thout suffici.ent
uth of Paragraph 41.

are r'rithout sufficient
uth of the allegations

of Paragraph 40.

k-nowledge to form a

knovrledge to form a

of Paragraph 42.

Paragraph 43, exceptdeny the allegations of

t the 1981 Apportionment obeys the North Carolina

are without sufficient knowledge to form a belief
the allegations of Paraqraph 44.

a<lmit the allegations of paragraph 45

deny the alleqations of Paragraph 46.

admit the allegations of paragraph 47.

deny the allegations of paraqranh 48, 49.

a<1mit the allegations of paraqraph 50.

deny the allegations of paragraphs 51, 52.

admit the allegations of paraqraphs 53, 54, 55,

asny the allegations of Paragraph 54, insofar
Session Larvs of I9B1 has been rendered void
pter 1130.

<leny the allegations of paraqraph 56.

admit the allegations of Pariagraph 57 ,



28. Defendant

insofar as the pI

of Chapter 1130.

29. Defendant

30. Defendant

53.

31. Defendant

32. Defendant

a belief as to th

33" Defendant

34. Defendant

35" Defendan

36. Defendant

37. Defendant

38. Defendant

39. Defendant

40. Defendant

belief as to the

41. Def,endant

42. Defendan

43. Defendant

44. Defendant

45. Defendant

46. Defendant

except insofar as

47. Defendant

belief as to the

48. Defendant

49. Defendant

that Defendants a

repealed the July

-3-

deny the allegations of

n has been rendered void

Paragraph 58, 59

by the enactment

deny the allegations

admit the allegations

of Paragraph 60.

of Paracraphs 61, 62,

deny the allegations of paragraphs 64 "

are vrithout sufficient knorvledge to form

truth of the allegations of Paragraph 65.

admit the allegations of paragraph 66.

deny the allegations of Paraqraph 67 , 68.

admit the allegations of Paragraph 69.

deny the allegations of Paragraph 70.

admit the allegations of pdragraph 71"

deny the allegaticrns gf Faragraph 72.

admit the allegations of Paragraph 73, 74.

are hrithout sufficient knovrledge to form a

ruth of Paragraph 75.

deny the allegations of Paragraph 7G.

admit the allegations of paragraph 77.

deny the allegations of paraqraph 78.

admit the allegations of paragraph 79.

deny the allegations of par-aqraph BO.

admit the allegations of paragraph 81, BZ, 83,

pter 800, is superseded by Chapter 1130.

are r,rlthout suffj-cient knovrle<1ge to form a

uth of the allegations of paragraph 84.

admit the allegations of Paragraph 85.

denv the allegations of paragraph 86, except

t that subsequent to Julv 1981, the legislature
19 B 1 apporti- onment .



50. Defendant

89, 90, 91.

51. Defendant

52. Defendnat

53. Defenclant

belief as to the

54. Defendant

55. Defendant

56. Defendant

57. Defendant

of 1981 rvas enac

Defendants deny aI

58. Defendants

59. Defendant

60. Defendants

-4-

admit the allegations of Paragraphs 87, 88,

deny the alleqations of Paragraph 92.

admit the allegations of Paracrraph 93, 94, 95.

are vrithout sufficient knor.rledqe to form a

th of the allegations of paragraph g6 o 97.

admit the allegations of paragraph gB.

deny the allegations of paragraph 99.

admit the allegations of paragraph 100.

admit that Chapter 1130 of the Sessj.on Laws

in accordance r+ith Article II, Section 5(3)

other allegations of paraoraph 101.

deny the allegations of paragrlph 102.

admit the allegations of paragraph 103"
:

deny the allegations of paraqraph 104.

Only forty (40

arc subject to the

Voting Rights Act.

The legi-s1atu

precise mathemati

Apportionment of t
justified by ratio

engaged in a good faith effort to

I apportionment. The deviatlons in
General Assembly were unavoidable

1 state policies.

THIRD DEFENSE

.of North Carolina's one hundred (100) counties
preclearance requirements of Section 5 of the

FOURTH DEFENSE

achieve a

the 1981

and are

The Constituti
Section 5(3.), have

for precleeirance.

to these anendment

to sue in Federal

FTFTH DETEIISE

na1 Amendments, Article II, Section 3(3) and

heen submitted to the Department of Justice
The Attorney General has interposed objection
. The State of North Carolina has the option
istrict Court in the District of Columbia for

!:9*i !-,., ..-..,ri#



a final determinat

the validity and

finally dOtermined

WHEREFORE, Def

allegation contain

Supplemerital Compl

that this Court de

with prejudice.

Respectfully s

Of Counsel:

Jerris Leonard & A
900 17th Street, lI
suite 1020
Washington, D. C.
Telephone: (202) 8

-5-

on of the val j-dity of these amendments. Thus,

forceability of the amendments has not been

ndants having ful1y answered each and every

in the Plaintiff's Complaint and plaintiff's

int; and having set forth, .tlreir ,defenses, pray

y the relief recluested and dislniss the:Complaint

tted.thi's 
--1- day of December, 1981"

RUFUS L. ED}4 STE}I
ATTORNEY GENERAT,

I.Iorth Carolina Department
of Justice

Post Office Box 629
Raleigh, North Carofina 27602
Telephone: (9f9) 733-3377

Attorney for Defendants

Dlorma Harretl
Tiare Smilelz
.Assistant Attorneys General

John Lassiter
Associate Attorney General

socj-ates, P.C.

20006
2-L09s

Waflace;..Trl
Attorney Gen

.fof Legal Affairs-
Adtdrney General's office



I

Answer

in the

hereby certi

upon Plaint
United Stat

This tne ?

(
-5-

CERTIF'TCATE OF' SERVTCE

y that I have this day served the foregoing

ffs' attorneys by placing a copy of said pleading

Post Officer postage prepaid, addressed to:
J. Levonne Chambers
Leslie Winner' Chambers , Ferguson, I{att, Irial las ,

Adkins & Fuller, p.A
951 South fndependence Boulevard
Charlotte, llorth Carolina 28202

. Jack Greenberg
James M. Nabrit, Iff
Napeoleon B. I{illiams, Jr.
10 Columbus Circle
New York, New York 10019

ay of December, 1981.