Motion to Dismiss or Affirm

    v

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

RALEIGH DIVT JION

RALPH GINGLES, SIPPIO BURTON, FRED )
BELFIELD and JOSEPH llOODYr on
behalf of themselves and all
others similarly situated,

Plaintiffs,
v.

RUFUS EDIIIISTEN, in his capacity
as the Attorney General of North
Carolina; JAMES C. GREEN, Lt.
Governor of North Carolina in his
capacity as President of the North )
Carolina Senate; LISTON B. RAMSEY
in his capacity as Speaker of the
North Carolina House of Represen-
tatives; THE STATE BOARD OF
ELECTIONS OF NORTH CAROLINA; )
R. KENNETH BABB, JOHN L. STICKLEY, )
sR.r RUTH SEITIASHKO, SYDNEY F. C. )
BARNWELL and SHIRLEY HERRING, in )
their official capacities as
members of the State Board of
Elections of North Carolina; and
THAD EURE, in his capacity as
Secretary of the State of North
Carolina,

)
Defendants. )

COMPI.AINT

I. Introduction

I. 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 Carolina. They bring

this action to enforce their right to have an effective vote in-

the election of the North Carolina General Assembly 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 198I because that apportion-

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

because it. dilutes the vote of black citizens. In addition they

seek to prevent enforcement of the provisions of the North Carolina

Consitution which prohibit dividing counties in apportioning the

North Carolina General Assembly because those provisions were not

CIVIL ACTION

NO.



precleared in accordance with 55 of the Voting Rights Act of

1955r BS amended, and because the provisions have the intent and

effect of diluting the vote of black citizens.
In 1981, the North Carolina General Assembly created the

representative districts which will be used for the next ten

years. These districts $rere drawn in order to dilute and with
the effect of diluting the vote of black citizens. In addition,
the total deviation between the population of the largest Senate

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

House 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 Carolina

senate. These provisions, which were adopted in 1967, 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 dS amended. The effect of the
provision is to prevent the creation of single member representa-

tive districts and of representative districts with substantial
percentages or majorities 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.

Fina11y, in 1981, the North Carolina General Assembly enacted

a plan of districts for the United States Congress. This plan

has the purpose and effect of diluting the vote of black citizens
and avoiding the concentration of regist,ered black voters.

-2-



This action is brought pursuant to the Voting Rights Act of

1965r BS amended (hereaf ter I'the Voting Rights Act" ) r 42 U.S.C.

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

the Fourteenth and Fifteenth Amendments to the United States

Constitution, in order to prevent defendants from holding elec-

tions for the North Carolina House of Representatives, the North

Carolina Senate, and the United States Congress pursuant to an

apportionment which denies btagk citizens effective representation

because of their race and pursuant to an apportionment which

underrepresents them.

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

and 1343 and 42 U.S.C. SI973c. 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. Plaintiffs' claims under 55 of the Voting Rights Act of

1965r ds 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. 52284(a) and 42 U.S.C. S1973c.

4. Plaintiffs seek declaratory and other appropriate

relief pursuant to the Declaratory Judgment Act, 28 U.S.C. SS2201

and 2202.

III. Parties

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

adult black citizen of the United States who resides in Gaston

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 nBurtonn) is an adult

black citizen of the United States 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 "Belfield") is an

adult black citizen of the United States who resides in Nash

-3-



County, North Carolina. BeIfield 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 tvloody (hereafter "!loody") is an adult
black citizen of the United States who resides in Halifax County,

North Carolina. Moody is properly registered to vote in elections
of the North Carolina House of Representatives, the North Carolina

Senate, and the United States Congress.

9. Defendant Rufus Edmisten is an adult resident of the

State of North Carolina. He is sued in his official capacity as

Attorney General of the State of North Carolina on behalf of the

State of North Carolina. In 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 Lieutenant

Governor of North Carolina and as President of the North Carolina

Senate.

11. Defendant Liston B. Ramsey is an adult resident of

North Caro1ina. He is sued in his official capacity as Speaker

of the North Carolina House of Representatives.

12. Defendant Thad Eure is an adult resident of North

Carolina. He is sued in his official capacity as Secretary of
State of North Carolina. In that capacity it, is his duty to
certify the results of all North Carolina elections to the United

States Congress and all elections to the North Carolina Senate

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

(hereafter "the Board of Elections") is responsible for supervis-

ing and conducting primary and general electlons in the State of

North Carolina. It has the authority to control the conduct of
primaries and general elections. It is also responsible for
computing the results of multi-county elections.

14. Def endant, R. Kenneth Babb is a resident of Nort,h

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

-4-



15. Defendant John L. Stickley, SE.7 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 aII members is
impracticable.

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.

20. The claims of the representative parties are typical of

the claims of the other class members.

21. 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 the c1ass.

22. The prosecution of separate actions by individual

members of the class would create a risk of inconsistent or

varying adjudications which would establish incompatible stan-

dards of conduct for defendants. The State of North CaroLina can

have only one plan to apportion the representative districts of

its legislature and congressional districts. Inconsistent adjudi-

cation of the legality of the current apportionment or of the

requirements of a future apportionment would establish 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 Constitution, defendants have acted and refused to act

-5-



on grounds generally applicable to the class, thereby making

appropriate final injunctive relief and corresponding declaratory

relief with respect to the class as a whole.

V. COUNT ONE: NORTH CAROLINA CONSTITUTIONAL PROVISIONS
mmffiffic AppoRTToNMENT oF THE NoRTH cARoLTNA GENERAL
ASSE}IBLY.

24. The North Carolina General Assembly consists of the

Senate and the House of Representatives.

25. In 1967, North Carolina amended its constitution to
change the manner of apportionment of the General Assembly.

26. Article II, S4(3), was adopted and provides that no

cgunty shall be divided in the formation 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 1967 the North Carolina permitted the General

Assembly to divide a county in forming of a Senate district if
that county was entitled to two or more Senators; since L967 the

North Carolina Constitution has prohibited the General Assembly

from dividing a county in forming a Senate district.
29. In 1967, the North Carolina Constitution was amended by

adopting Article II 56(3) which provides that no county shall be

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 1967r the North Carolina Constitution provided

that most representative districts were to be single member

d istricts .

32. Forty of North Carolinars counties are subject to 55 of
the Voting Rights Actr 42 U.S.C. S1973c.

33. Elections in each of these forty counties were affected

by the L967 amendments to the North Carolina Constitution.

34. The named plaintiffs reside in four of the counties

which are covered by 55 of the Voting Right,s Act of 1965r ES

amended.

-5-



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 42 U.S.C. S1973c, nor did
North carorina obtain a declaratory judgment 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 1967 amendments to the

North carolina constitutionr ds described in paragraphs 2G and

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

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

account of their race.

37. In 1981, North Carolina enacted a reapportionment of
its General Assemb1y.

38. According to the United States census for 1980, the

population of Gaston county, North carolina, in which praintiff
Gingles resides, is 1621568.

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 census for 1980, the

population of Cumberland County, North Carolina, in which plaintiff
Burton resides, is 247 1150.

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

42. rn 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 General 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

-7-



years from 1982-1990 in accordance with an

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

Constitution unless the Court orders them

apportionment adopted

the North Carolina

not to do so.

A. First Claim for Re1ief

45. Plaintiffsr first claim for relief is brought pursuant

to 55 of Voting Rights Act of 1955r ES amended, 42 U.S.C. S1973c.

45. 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 II, SS3(3) and 5(3) of the North Carolina Constitution.

ff,is practice violates 55 of the Voting Rights Act since North

Carolina did not submit these provisions either to the Attorney

General of the United States or to the United States District
Court for the District of Columbia for approval in accordance

with 42 u.s.c. 1973c.

B. Second Claim for Relief

47. Plaintiffsr second claim for relief is brought pursuant

to 52 of the Voting Rights Act of 1965 as amended, 42 U.S.C. SI973.

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. '

49. The effegt of these provisions of the North Carolina

Constitution is to dilute the vote of black citizens andr thus,

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

color.

C. Third Claim for Rellef
50. Plaintiffsr third claim is brought pursuant to 42

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

teenth Amendment and the Fifteenth Amendment to the United States

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

-8-



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

tative and senatorial districts vrere 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 TWO : IIALAPPORTIONMENT OF THE NORTH CAROLINA
EIiEml,aSSEMBLY

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

taws of 1981 which establishes representative districts for the

North Carolina House of Representatives is attached as Exhibit A

to this Complaint.

55. A true and accurate copy of Chapter 82L of th Session

Laws of 1981 which establishes senatorial districts and apportions

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

to this Complaint.

56. The 1981 apportionment of the General Assembly does not

have Representative or Senate districts with a reasonably equal

number of citizens per Representative or Senator.

57. The average population per member for the North

Carolina House of nlpresentatives is 48rg54.

58. The plan which the North Carolina General Assembly

enacted has districts which range from a population of 55 1286 in
Halifax County to a population of 43,72{ per member in the three

member district composed of B1aden, Columbus and Sampson Counties.

59. This deviat,ion of population from the average popula-

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

percent.

-9-



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

61. The average population per member of the North Carolina

Senate is lI7 ,489.

62. Under the plan adopted by North Carolina, Senate

Districts range from a population of L32,374 per senator in the

Senate district composed of Harnett, Lee and Wake Counties to
105,718 in the Senate district which consists of Guilford County.

63. This deviation 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.

65. At the time when the apportionment of the North Carolina

General Asembly 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 Clairn for Relief
66. 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 House of

Representatives and the North Carolina Senate as described in
paragraphs 53 through 65 above results in plaintiffs I being

underrepresented, does not comply with the trone person--one voten

requirement for legislative apportionment, and denies plaintiffs
their right to equal protection under the Fourteenth Amendment to

the United States Constitution.

VII. COUNT THREE: DILUTION OF BLACK VOTE IN NORTH
ffiOffinERAL ASSEMBLy

68. The apportionment of the North Carolina General

Assembly enacted in Chapters 800 and 821 of the Session Laws of

1981 has the purpose and effect of diminishing the concentration

-10-



of black voters and decreasing the effectiveness of the vote of

black citizens.
A. Fifth Claim for Relief
69. Plaintiffsr fifth claim is brought pursuant to 52 and

55 of the Voting Rights Act of 1965r as amended, 42 U.S.C. SSI973

and 1973c.

70. 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 plaintiffs their
right to use their vote effectively.

- B. Sixth Claim for Relief

71. Plaintiffsr sixth claim is brought pursuant Eo 42

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

Fourteenth Amendment and the Fifteenth Amendment to the United

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

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

coli&ffinal DrsrRrcrs

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

74. A true ald 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
Complaint as Exhibit C.

75. Plaintiffs Belfie1d and Moody are eligible to vote and

are registered to vote in the Second Congressional District.

76. North Carolina excluded Durham County from the Second

Congressional District for the purpose of and with the effect of
preventing the black citizens of the Second Congressional

District from effectively exercising their right to vote.

A. Seventh C1aim for Relief
77. Plaintiffsr seventh claim for relief is brought pursuant

to 52 and 55 of the Voting Rights Act of 1955r Els amended, 42

-ll-



U.S.C. SS1973 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. Plaintiffs' claim for relief is brought pursuant Eo 42

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

teenth Amendment and the Fifteenth 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 the vote of black citizens and of denying

black citizens the right to use their vote effectively.

V. Equitable Relief
81. In 1971 the North Carolina General Assembly was appor-

tioned in accordance with the provisions of the North Carolina

Constitution.
82. In L972, 1974, 1976, L978 and 1980, defendants con-

ducted elections pursuant to the L972 apportionment plan.

83. Unless the Court orders defendants otherwise, in 1982

defendants wilI 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 deprived of their right to vote and for being

represented by a legislature that is iI1egal1y and unconstitu-

tionally constituted.

VI. Prayer for Relief

WHEREFORE plaintiffs pray that the Court:

1. Convene a three judge court in accordance with the

provisions of 28 U.S.C. 52284i

2. Certify this action to be a class action;

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

Carolina Constitution are in violation of S5 of the Voting Rights

-L2-



Act of 1955r €rs amended, and enjoin defendants from enacting any

legislation and from conducting, supervising, 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 U.S.C. S1973c;

4. Declare Article II, S3(3) and 55(3) of the Constitution

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

Act of 1965r ds 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 conducting,

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 provisionsi

5. Declare that apportionment of the North Carolina Senate

and North Carolina House of Representatives as enacted in Chapters t

800 and 82L of the North Carolina Session Laws of 1981 violates

the equal protection clause of the Fourteenth Amendment to the

United States Constitution because the apportionment does not

have representation districts which are equal in size and enjoin

defendants from participating in, supervising, conductingr oE

certifying the results of any election pursuant to this apportion-

ment and from enacting any apportionment in the future which has

representation districts which are not equal in size;

6. Declare that the apportionment of the North Carolina

Senate and the North Carolina House of Representatives as enacted

in Chapters 800 and 82L of the North Carolina Session Laws of

198I dilutes the vote of black citizens and denies plaintiffs and

other class members the right to use their vote effectively

because of their race in violation of 52 and 55 of the Voting

Rights Act of 1955r ds amended, in violation of the Fourteenth

and Fifteenth Amendments to the United Stat,es Constitution, and

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

-13-



participating in, supervising, 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;

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
Voting Rights Act of 1965r ds 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 results of any election pursuant to this appor-

tionment and from enacting a pran 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

B. 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 /6 auy ot u&f ,k,n-\,t+ , 1981._-0

951 South Independence Boulevard
Charlotte, North Carolina 28202
704/375-8461

JACK GREENBERG
JAMES M. NABRIT, TII
NAPOLEON B. WILtIAMS, JR.
10 Columbus Circle
New York, New York 10019
2t2/s86-8397

Attorneys for Plaintiffs

-14-



GENERAI ASSEMBLY OF NORTH CAROLINA

SESSION 1981

RATIFIED BILL

CBAPTEB 8OO

HOUSE BILT 415

AN ACl' TO APPORTION THE DISTNICTS OT THE NORTH CAROLIITA HOUSE:OP

R EPRESE NTATI VES.

. Section 1. G.S. 120-2 is reurltten to read: .:,,

rrl 120-2. Housg apportionnent gpecifie!.--For the purpote of
ooninating .oa I".ting nenbers of the [orth carolina Eouse of
Representatives in 1982 and every tro years tbereafter, the State
of North Caroliua shall. be divideil into forty-four dlistricts .as

follors:

District 1 shall cousist of Cardlea, Chorau, Currituck, Dare,

Pasquotank, PerquiEans, Tyrrell, ancl lashiugton Counties, aud

shall elect tro Bepresentatives.

District 2 shall consist of Beaufort and Eycle Counties, and ,

shall elect one Representative.

Distrj.ct 3 sball consist of Cravea, Jones, Lenoir, ancl parlico
counties, ancl shall erect three Represeatatives.

District ll shall coasist of Carteret antl onslor Couoties, ancl

. shall elect three Representatives.

and llorthaupton CountieSr nnd shall elect tro Representatives.

. Distrj'ct 6 shall consist of Ealifar County, aa.d shall elect one

\-,' Representative.

E)CIIBIT A--5 pages



' .qistrict 7 shall' coasist of Etlgeconbe, Nash, ancl tlilson

' Counties, antl shall elect four RePresentatives'

District 8 slall consist of Greene and Pitt Counties, antl shall .--/

elect tuo RePreseutatives.

District 9 shaLl consist of tlayne County, ancl shall elect tvo

RepreseDtatives

District 1O shall consist of Robeson County, ancl shall elect

tvo Representatives. : 
"

District 1 1 shall consist of tsrunsrick, Duplin, and Pencler

countibs, and sball elect tro BePreseDtatives'

District 12 shall consj"st of Nev Eanover County, and shall

elect tvo RePreseDtatives

Di,-strict 13 shall consist of Casrell, .Granville, Person, Vance,

and larren Counties, aocl shall elect three Represeutatives. ,.'

District 1q shall consist of Franklin ancl Johnston Counties,

alrd shall elect tro Representatives. , 
\J

District 15 shall consist of Bake County, and shall elect.six

District 16 shall consist of Durban County, antl shall elect

three Representatives -

District 17 sbal} consist of chathan ancl orange counties, and

shall elect tso RePreseDtatives.

District 18 shall consist of Harnett and Lee Couuties, and

shall elect tco Representatives. '

District 19 shall consist of Blaclen, Colunbus, and Sanpson

counties, and shall elect three Representatives. '

House Bill 415



- Ilistrict 20 shall consist of Cunberlancl County, and shall elect

five Representatives.

r-1 District 2'l shall consist of lloke'ancl Scotlancl Counties, ancl

shaII e-l-ect one Representative.

District 22 shaII consist of Alamance and Bockinghaur Counties,

and siraLl elect four Representatives.

District 23 siraIl consist of Guilforcl Couuty, aDd shaIl elect

seven Representatives.

District 24 shall consi.st of Rantlolph County, and shall elect
tyo Representatives.

District 25 shaIl cousist of lloore County, and shall elect oDe

Represeutative ,.r

District 26 sha1l consist of Anson ancl ltontgomery Counties, and

District 27 shall consist of Rich,noud County, antl shall elect

oDe RepreseDtative

District 28 shall consist of Alleghany, Ashe, Stokes, Surry,

and tiatauga Counties, and shall elect three Representatives.

District 29 shaIl consist of Forsyth County, and shall elect

five Representatives.

District 30 siralJ. consist of Daviclson ancl Davie Couuties, ancl

shtrll elect tirree Represeutatives

District 31 shall consist of Roran County, ancl shall elect tro

R ep resenta tives

District 32 shall consist of Stan1y County, and shall elect oae

R ep resent ative.

House BiII 415



. 
' Dis,trict '33 shaII consist of Cabarrus'and Union Counties, aucl

-siraIl elect three Bepreseutatives.

Drstrict 34 shall coDsist of Calclvellr llilkes, and Yatlkin -J
counties, and shall elect three Representatives.

District 35 shal]. consist of .Aleraacler and Ireclel] Counties,

ancl shaII elect tro Re[)resentatives

Drstrict 36 shaII coosist of ltecklenburg County, and shall

elect nine Representatives.

District 37 shall consist of Catacba County, anil shall elect

tuo Representatives.

District 38 sha].l consist of Gaston and LincolD Counties, and

sball elect four RepreseDtatives.

District 39 'shall consist of Avery, Burke, and llitchell

Counties, and shaII elect tro RePreseDtatives.

District qO sbaII consist of Cleveland, Polk, and Butherforcl

Counties, and shall elect three Represeutatives. !

District q1 shall consist of l{cDovell'aucl Iancey Counties, antl

shall elect one Bepresentative

District 42 shall consist of Bunconbe, HenclersoDr drtd

Transylvania Counties, ancl sbalI elect five Representatives.

District 43 shal]. consist of Hayuood, Jackson, Uaclison, antl

Srain CouDtiesr dDti sha11 elect tyo BePresentatives.

District 44 sha11 consist of Cherokee, CIay, Grahan, ancl ltacon

Counties, antl sha1l elect one Representative. tr

House Bill 415



this the

Sec. 2.

In the

3rd clay

Ihis ,act
:

Geneial

of July, .

is ef f ect.lve' EPoa ' ratlficatLoa., :' ,

lssenbly'Eeaat three tlues andiratified,

1981.

JAMES C. GREEN

Jales C. Green

Presidleat of the Senate

Liston B. RanseY

Speaker of tbe Eouse of Bepresetrtatives

5.House BiIL rrl5



GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1981

RATIFIED BILL

C8IPTEB 821

SENATE BILL 313

AN ACT TO ESTABLISH SEf,ATORITL DISTBICTS ATID TO APPORTIOX SEATS

IN THE SENATE AI{ONG DISTRICTS.

The General Assenbly of ttorth Carolina enacts:

Section 1. G. S. 120- 1 is hereby tleleterl and the

folloring iusertecl in lieu thereof:
II 120-1- SenatorE.--For the purpose of noninating ancl ;

etecting n"ro.rrl; Senate in lggz and eveEy tro years 
'

thereafter, senatorial districts are established aDd seats ia the '

SenateareapportionedaDoDgthoseclistrictsasfo1lors:;
\../ 

,District 1 shall cousist of Beaufort, Bertie, Canclen, Choran,

Currituck, Dare, Gates, Bertford, Eycle, tlorthanptotr, Pasquotank,

Perquinans, TyrreIl, and lashingtoa Counties ancl shall elect tro
Senators

District 2 shall consist of Carteret, Cravea, and Paalico

Counties ancl shall elect oDe Seaator.

Dj.strict 3 shall cousist of Oaslor Couuty aud shall elect oDe

Senat or.

District ll shall coasist of ler Haaover and Pentler Counties anA

sball elect one Senator.

District 5 shall consist of Duplin, ilotres, aDd Lenoir Counties

and shall elect one Seaator.

\-' District 6 shalt cousist of Edgecoube aud Balifax Counties ancl

shall elect oue Senator.

.l

I

.t
I

:l

E)GIIBIT B--4 pages



.-"rlttrict 7 shall consist of Eartin ancl Pitt Couaties and shal1

elect one SenatoE.

District I shall consist of Franklin, ilash, VaDce, IlarEeD, antl \J'

I filson CouDties ancl shall elect ,tro Senators.

District 9 shall consist of cEeeD.e aad tlayne Couaties and shall
elect one Senator-

District 10 shall coosist of, Johuston and Sanpson Counties aud

shall elect oDe Senator.

District 1 1 shal1 coasist of Cunberlancl County ancl shall elect
tro Senators.

District 12 shall consist of B1aclen, Brunsrick, ancl Coluubus

Counties and shall elect oDe Senator.

District 13 shall consist of lloke ancl RobesoD Counties ancl

shall elect one Seuator.

District ltl shall consist of Durhan, Grauville, and Persou ,. 
,\JCounties aucl shalI elect tro SenatoEs.

District 15 shall consist of Harnett, Lee anct llake Couuties and

shall elect three Senators.

. District 16 shall consist of AJ.leghauy, Ashe, Surry and tlatauga

Counties ancl sball elect oDe SeDator.

, District 17 shall consist of Rockiaghar aad Stokes Counties au<I

shall elect one Senator.

District 18 shall consj.st, of Chathan, ttoore, OraDge, aatl

Rauclolph Couuties antl shall eJ'ect tro Seaators

District 19 shall consist of Aasou, llootgonery, Ricbnoad,

Scotlancl, Stanly, ancl Ooion CouDties ancl straif elect tvo

Senators.

Seuate Bill 313



a

' District 20 shall coniist of alauauce and casyell couuties antt

shall elect one Senator

'\-/ District 21 shall consist of Forsyth County ancl shall elect tro
Senators

three Senators

District 23 shall consist of Daviclson, Davie, and Boran

Counties andl shall elect tuo Senators.
District 24 shall consist of cabarrus aud ilecklenburg Counties

District 25 shall cousist of Alexantler, Catauba, Ireclell, an6

Yadkin counties ancl sharl erect tro senators.
Di-strict 26 shalI consist of Avery, Burke, caldrell, ;itchell,

antl Hirkes counties aacl shall elect tuo seoators.
District 27 shall cousist of Cleveland, Gaston, Lincolu, an6

utherford counties and sharl elect three senators.
District 28 shall consist of Bunconbe, f,adison, llcDouell, aa6

Yancey counties and sharl erect tro senators.
District 29 shall cousist of cherokee, c1ay, Grahan, Bayroocl,

Henderson, Jackson, I!acoa, pork, srain, and Transylvaaia counties
and shall elect tuo SeDators.r

Senate Bill 313



liilr'' ' Seic- z'.' Thf3{'tcf is cffestfve ulxog iatiificatioa.' ",}rr:; 'i '

' Iu the General f$oor&l, readl'thrce ltines aud ratl,fied;: :

this tbe 3rd tlay of July 138tr.' i"r ' ' ' ' i ";,i,;.: ii': ":r,;:.,"!fi':tr1

JAMES C. GREEN i

Listoe 8-'Bansey

Spei}er of the Eouse of Bepreseatatives

a

I

I

enate BiIl. 313

//



GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1981

RATIFIED BILL

AN ACl' TO DTYIDE

DlSTRICTS.

CBTPfER 894

SEXATE BTLL 87

NORTE CTROIIXA ITTO ELEVET COITGRESSIOITL

The General Assenbly of North Carolina enacts:

Section 1. G.S. 163-201 is reuritten to reacl:

ItS 163-201- Qonqressional tlistricts specifietl.-- (a) For the

purp.ose of norinating ancl electing nelbers of the Eouse . of

Bepresentatives of the Con.gress of the Unitecl States in 1982 antl

every tro years thereafter, the State of ltorth Caroliua shall be

di.vided into 11 clistricts as follous:

FIiisT DISTRICT: Beaufort, Bertie, Canden, Carteret, Chocan,

Craven, Currituck, Dare, Gates, Greeue, Ilertforcl, Bytle, LeDoir,

uartin, Northanpton, PanU.col Pasguotank, Perquinans, Pitt,

TyrreII, antl Iashiugton Couaties.

SECOND DISTRICT: Alanance, Casrell, 'Chathan, Edgeconbe,

Frarrklin, Granville, Halifat, Xash, Person, Yaacer. IarreD, aud

Ililson Counties.

THIED DISTRICT: Blacleu, Duplia, HarDett, Jobaston, .foDes, Lee,

ouslor, Peucler, SoEpson, ancl IaIrDe Couuties.

foURTts DISTRICT: purhaE, Orange, aDcl Iake Courrties.

rIFTH DISTSICT: Alerauder, Allegbauy, Ashe, Forsyth,

Rockinghan, Stokes, Surry, aud litrkes Couaties.

SIXTH DfSTBICI: Deviclson, cuiLforal, aDd Bandolph Couaties; and

only the folloring tornships of loore Couuty: forDsbip 1

l

EXIIIBIT C--3 pageg

-9



lcartirage) ,. Toraship, 3 (sbeffields) , Tornship q (Ritters) ,
i

Tornship 5 (Deep River), and Touuship 6 (Greeuroocr).

SEVEN'lH DISTRICT: Bruusrick, Colunbus, Cunberland, Ifeu

HatrclveE, and Robeson Counties.. .

'' EIG HTH DISTRICT :. AnsoD, ca',barrus, Davie, Hoke, t ontgoDer],,
Richnoud, Roran, scotland, stanlyr. unionr alld yadkin counties;
anrl a1r tovuships of ltoore couDty except: Tornship 1 (carthage),
1'ounship 3 (sheffiertts), roruship 4 (Ritterst, Tornship 5 (Deep

kiver), ?ounship 5 (Greenrood).

NrNTH DrstRrcr: rreclell, Lincoln, and f,ecklenburg counties.
TENtrl DrsrRrcr: Ayery, Burke, calclrell, catarba, clevela1il,

Gaston, and Iatauga Counties..

BLEVENTH DrsrRrcr: Bunconbe, cherokee, cray, Grahau, Hayrood,
Henderiou, Jackson, uacoD, dadison, f,cDorell, [itcherlr polk,
Rutherfor<l, srain, Transylvania, and rancey counties.

(b) The Dame autl bounclaries of tounships specified io this
section are as they rere legarl.y clefiued and in effect . as of
January 1 , 1980, and recogoized in tire 19go u.s. census. rr

1

I

1

:

Senate Bill A7



sec. 2. This act. is ef fective upou ratificati.on.
ID the Geoeral Assenbly read three tines ancl ratifiedl,

this the 9th clay of JuIy, 1981.

JAMES C. GREEN

.Iaues C. GreeD

Presictent of the Senate

LISTOT.I B. RAMSEY

Liston B. Bansey

Speaker of the House of nepreseltatives
o

Senate BiII 87