Motion to Supplement the Complaint, Response to Defendant's Motion to Stay and Copy of House Bill 1428

    .HAMBERS, FERGUS.N, *ATT, *ALLAS, ADKTNS & FULLER, p.A \ r - ' '?. ' '; I

ATTORNEYS AT LAW
SUITE 73O EAST INDEPENOENCE PLAZA

95I SOUTH INOEPENDENCE BOULEVARD

CHARLOTTE, NORTH CAROLINA 28202
TELEPHONE (7041 3-75-A461

November 18, 1981

JULIUS LEVONNE CHAMBERS

JAMES E. FERGUSON. II

MELVIN L, WATT

JONATHAN WALLAS

KARL ADKINS

JAMES C. FULLER, JR.

YVONNE MIMS EVANS

JOHN W. GRESHAM

RONALD L, GIBSON

GILDA F. GLAZER

LESLIE J. WINNER

JOHN T. NOCKLEBY'

. OF O, C. BAR ONLY

i"Ir. Napoleon Williams
Legal Defense Fund
10 Columbus Circle
New York, New York 10019

l{r. Steve Suitts
Southern Regional Council
75 Marietta Street, NW
Atlanta, Georgia 30303

Dr. Raymond l^Iheeler
3724 llarringLon Drive
Charlotte, North Carolina

Ms. Lani Guinier
Legal Defense Fund
10 Columbus Circle
New York, New York 10019

Re: Ralph Gineles et al. v-
Rufus Edmisten, €t al.

Dear Friends:

Please find enclosed copies of the Motion to supplement the
Qomplaint and our response to defendant's Motioir'to stay in
Gingle_s v. Erlmisten. - r apologize for not showing these to
"11-of_you- 

prior Eo finalizin[ them. Unfortunat;ly, I rana little short of rime before-the deadline for fiting the
response to the Motion to stay and wanted to file thd Motionto Supplement at the same Lime. r wilt try to be a better
team member next time

Sincerely,

fitzz,+
Leslie J. I^linner

LJW: ddb
Enclosure



RALPH GINGLES, et aI

v.

RUEUS EDMISTEN, et a

I certify ttrat
Complaint and Memora

Supplement Complaint

of same to:

and further by placi

properly addressed w

under ttre exclusive

Service, addressed

This 13th day o

\t-t3''Jl

IN THE
TED STATES DISTRICT

FOR THE
DISTRICT OF NORTH

RALEIGH DIVISION
NO.81-803-CrV-5

COURT
r i'1,

, -'. ' l
t1! t

CAROLINA

,

Plaintiffs,

have

um in

on all

CERTIFICATE OF SERVICE

served the foregoing Motion to Supplement

Support of Plaintiffsr Motion to

ottrer parties by hand delivery with copy

Mr
No

Ra

Mr
90
Fa
w

James Wa1lace, Jr.
th Carolina Attorney Generalrs
Office
eigh, North Carolina 27602

a copy thereof enclosed in a postage prepaid

apper in a Post Office or Official Depository

are and custody of the United States Postal

,ferris Leonard
17th Street, NW

ragut Building, Suite 1020
hington, D.C. 20006

November, 1981.



UN

EASTE

RALPH GINGLES, et a

v.

RUFUS EDMISTEN, et

Plaintiffs in
of North Carolina w

provisions of the

dividing counties i
North Carolina Hous

Senate have the pur

citizens in violati
42 U.S.C. SS1973 an

Amendments to the U

allege that the ap

Assembly and the No

the "one person-one

of the Fourteenth

the Voting Rights A

to the United State

II.

On October 30,

North Carolina Gene

tionment of the Nor

IN THE
TED STATES DISTRICT

FOR THE
DISTRICT OF NORTH
MLEIGH DIVISION
NO. 81-803-Crv-5

,

Plaintiffs,

CO.URT

CAROLINA

I

t .t i

'. ' '-'i-.-i,l\
i_,-li;;i1
Lj

MEMORANDUM IN SUPPORT OF
PLAINTIFFS' MOTION TO
SUPPLEMENT COMPLAINT

1.,

Defendants.

NATURE OF THE CASE

his action are black citizens of the State

brought this action alleging that the

rth Carolina Constitution which prohibit
the apportionment of districts for the

of Representatives and the North Carolina

se and effect of diluting the vote of black

of the Voting Rights Act of L965, 8s amended,

1973c, and the Fourteenth and Fifteenth
ited States Constitution. Plaintiffs further
rEionment of the North Carolina General

th Carolina's Congressional districts violate
vote" mandate of the equal protection clause

ndment and dilute black vote in violation of
E and the Fourteenth and Fifteenth Amendmehts

Constitution.

ACTS RELEVANT TO THIS MOTION

1981, after this action was commenced, the

al Assembly repealed the Ju1y, 1981, appor-

h Carolina House of Representatives and enacted



motion.

Because

in which to
plaintiffs'

E which was enacted subsequent to the filing
of this action and p aintiffs'challenges to it before the Court.
A proposed suppleme Eal Complaint is attached to plaintiffs'

the C rt has granted defendants extension of time

pleading has been filed to

a new apportionment

Plaintiffs file rhi
put the apportionme

answer,

origina

party the cour

such Eerms as

mental pleadin

or events whi

pleading sough

granted even t
in its stateme

the court deem

to the supple

the time there

f the North Carolina House of Representatives

motion to supplement their Complaint to

responsive

Complaint.

emental Pleadings. Upon motion of a

flay, upon reasonable notice and upon

e just, permit him to serve a supple-

setting forth transactions or occurrences

have happened since the date of the

to be supplemented. Permission may be

ugh the original pleading is defective
of a claim for relief or defense. If

it advisable that the adverse party plead

tal pleading, it shaI1 so order, specifying
r.

III. ARGUMENT

Rule 15(d) of Federal Rules of Civil Procedure states:

(d) Sup

The purpose of
the Federal Rules o

litigation by permi

as possible to be s

whether the entire
in one action and t
the same or similia

The Supplement

forth transactions,

Miller, Federal Prac ice and Procedure, $1506 at p. 547-548.

u1e 15(d), 3s well as the entire philosophy of
Civil Procedure is to reduce uultiplicity of
ing as many of the claims between the parties
tled in one action. The Court should consider
ntroversy beEween the parties could be settled
extent to which the additional claim involves

issues, subject matter, or facts. 6 Wright and

Complaint which plaintiffs seek Eo file sets
ccurrences, and events which happened subsequent

-2-



I

I

I

I

I

to the filing of th[ acrion. The parries are identicar. The

supplemental compr"[ra asserts facts which are necessary to a fu11
determination of anf issues already before the court, and it
asserts claims ,hi"f.raise issues which are the same as or similar
to the issues alreafy before rhe court. rn addition, the claims
in plaintiffs' prop{sed suppremental complaint require a three
judge courr under rl u.s.c. s22g4 as does rhe originar complainr.

I

Thus judicial 
""oro{ry requires that plaintiffs be allowed to

supplement their 
"rr[,plainE.

IIn addition, dtfendants have not answered the original complaint
and are not require{ to until the Court rules on Defendants,Motion
to stay Proceedi"r. 

I 
There is, therefore, no prejudice to defendants

by the granring of {tris morion

This 73 or, lof November, 198r.
I

II A*uJ h,/;-^
I

I LESLTE J.-WTNNER
I Chambers, Ferguson, Watt, Wallas,
I Adkins & FuLler, p.A.
I Suite 730 East Independence pLaza
| 951 South Independence Boulevard
I Charlorre, North Carolina 29202
I 704/ 37s-8461

I errorneys for plainriffs
I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

I

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| -:-
I



UN

EASTE

MLPH GINGLES, et a

v.

RUFUS EDMISTEN, et

Pursuant to Ru

plaintiffs move the

Complaint to set fo

happened since Sept

in this action. P

attached hereto.

Plaintiffs fur
answer the Suppleme

anshrer the origi-nal

This 17 a^y

IN THE
D STATES DISTRICT

FOR THE
DISTRICT OF NORTH

RALEIGH DIVISION
N0.81-803-CrV-s

COURT

CAROLINA

.' - '': --"'
. r :i j

i il;i i

t

Plaintiffs,

1.,

Defendants.

e 15(d) of the Federal Ru1es of Civil Procedure,

Court to permit them to serve a Supplemental

th transactions and o.ccurrences which have

er L6, 1981, the date the Complaint was filed
tiffs' proposed Supplemental Complaint is

r request that the Court order defendants to

Ehe same time that theytal Complaint at

omplaint.

f November, 1981.

LESLIE J. NER

MOTION TO SUPPLEMENT

Ferguson, Watt, Wa11as,
Fuller, P.A.

East Independence Pl.aza
Independence Boulevard
North Carolina 28202

Chambers,
Adkins &

Suite 730
951 South
Charlotte,



E UNITED STATES DISTRICT COURT

CAROLINAFOR EASTERN DISTRICT OF NORTH

RALEIGH DIVISTON

1.,
Plainti ffs ,

his capacity
eral of North

DefendanLs.

CIVIL ACTION

NO. 81-803-Crv-5

SUPPLEMENT TO COMPLAINT

81, after the Complaint was filed in this
arolina General Assembly convened,

ionment of the North Carolina House of
ch it had enacted in Ju1y, 198I, and

tionment. The new apportionment was

ce with the provisions of the North

on which prohibit dividing counties in
f the House of Representatives even

on had not been precleared as required by

ghts Act of 1965r ds amended. In addi-
ted still has a large range of population

sentative. Thus plaintiffs remain under-

House of Representatives in violation of
e vote" requirement of the equal protec-

Fourteenth Amendment to the United States

Ily, the new apportionment continues to
black citizens in violation of 52 and 55

s Act, the Fourteenth and Fifteenth
nited States Constitution and 42 U.S.C.

IN

TH

RALPH GINGLES, Qt

RUFUS EDMISTEN,
as the Attorney
Carolinar €t aI.,

I. INTRODUCTION

In October,

action, the North

repealed the appo

Representatives w

enacted a new ap

enacted in accorda

Carolina constitut
the apportionment

though that provis

55 of the Voting

tion, the plan ado

deviation per repr

represented in th

the "one person--

tion clause of th

Constitution. Fi

dilute the vote o

of the Voting Righ

Amendments to the

s19Bl.



Complaint refer
Carolina House o

Supplemental

contained in t.he

16, rg81.

II.

85.

Assembly

purpose

Carolina

Senate.

86. fn res

action, the Gene

tionment of the

contained in Cha

87. On Oct

Assembly enacted

entitled I'An Act

Carolina House o

1130" ). A true

to this Suppleme

Article II SS3 ( 3 )

to the Attorney

under s5 of the

U.S.C. S1973c (fr

Defendants suppl

September 28, 19

89. Defend

fiting of the Co

The allegati s contained in this Supplemental

the new apportionment of the North

Representative. The allegations in this
aint are in addition to the altegations

laint filed in this action on September

COUNT E: REVISED APPORTIONMENT OF' THE NORTH
NORTH

On Oct

( hereaf

ROLINA HOUSE OF REPRESENTATIVES

r 29, 1981, the North Carolina General_

of rea

r "the General Assembly,,) convened for the

tioning the districts of the North

88. On Sep er 22, 1981, defendants submitted

House o Represenlatives and the North Carolina

se to the filing of the Complaint in this
I Assembly repealed the JuIy, t9B1 appor-

rth Carolina House of Representatives as

er 800 of the Session Laws of 1981.

r 30, 1981, the North Carolina General

hapter 1130 of the Session laws of 1980,

t,o Apportion the Districts of the North

Representat ive s " ( herea f ter ,,Chapter

d accuraLe copy of this bill is attached

aI Complaint as Exhibit A.

and 5 ( 3 ) of the North Carolina Constitution
neral of the United States for preclearance

ting Rights Act of 1965 r ds amended , 42

af ter "S5 of the Voting Right,s Act,') .

nted this submission on September 24 and

ts made this submission in response to the

laint in this action.

-2-



90. Chapter

Article II, S5(3)

though the Attorn

objected to or ap

Carolina Constitu

Act.

91. The a

Representatives c

a population rang

Guilford County

district composed

this results in a

district size of

92. Plainti
by the apporti

tatives as enact

93. The Gen

to it plans for a

Carolina House of

of population dev

94, On or a

submitted to the

preclearance unde

yet been objected

95. During

Carolina General

Carolina Senate w

96. During

Carolina General

Carolina Sentrte w

deviation of less

by the North Caro

1130 was enacted in accordance with

of the North Carolina Constitution even

y General of the United States had not

roved Article II, 55(3) of the North

ion pursuant to 55 of the Voting Right,s

rt,ionment of the North Carolina House of
ntained in Chapter 1130 has districts wit,h

from 45r308 people per representative in
52 t947 people per representative in the

of Cherokeel Clay, Graham and tvlacon Counties;

overall range of deviation from the ideal
5.61t.

fs Gingles and Moody are underrepresented

nt of the North Carolina House of Represen-

in Chapter II30.
ral Assembly had before it and available
portionment of the districts of the North

Representatives which had overall ranges

ation of less than 10t.

ut November 4, t98l, Chapter

ttorney General of the United

55 of the Voting Rights Act;

to or approved.

he October 29,

1130 was

States for
it has not

L98l Session of the North

apportionment of the North

of the North

for the North

population

were rejected

sembly no new

s enacted.

he October 29, 1981 Session

sembly, apportionment plans

ich haci an overall range of

than 10t were considered and

ina Senate.

-3-



97.

Carol ina

dered and

minority

A.

During

General

re j ect

vote Ie
Ninth Cl

he October 29, I9BI Session of the North

ssembly, the llorth Carolina Senate consi-

apportionment plans which diluted
than the enacted plan does.

im for Relief

fs' nineth claim is brought pursuant to 42

force the equal protection clause of the

nt to the United States Constitution.
rtionment of the North Carolina House of
described in paragraphs 85-94 above results

ng underrepresented, does not comply with
ne vote" requirement for legislaLive
denies plaintiffs their right to equal

e Fourteenth Amendment to the United

98. Plainti
U.S.C. S1983 to

Fourteenth Amend

99. The ap

Representatives

in plaintiffs' b

the "one person

apportionment, a

protection under

States Constitut

100. Plaint
and 55 Voting Ri

SS1973 and 1973c.

101. Chapte

enacted in accor

Carolina Constit
precleared under

102. The in

North Carolina H

1130 of the Sessi

black cit.izens

their vote effec

C. Elevent

103. Plaint
pursuant to 42 U.

clause fo the Fo

to the United St

s1981.

B. Tenth C 1 for ReIiefm

ffs I

ts

Tenth claim

Act of 1965,

brought pursuant to S2

amended, 42 U.S.C.

1S

AS

1130 of the Session Laws of I9B1 was

nce with Article II, S5(3) of the North

ion even though that section has not been

5 of the Voting Rights Act and is unenforcable.

nt and effect of the apportionment of the

se of Representatives enacted in Chapter

Laws of 19BI is to dilute the vote of
to deny plaintiffs their right to use

veIy.

Claim for ReIief

fs' Eleventh claim for relief is brought

.C. S1983 to enforce the equal protection
teenth Amendment and the Fifteenth Amendment

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

-4-



104. The int
North Carolina Ho

1130 of the Sessi

black citizens an

their vote effect
III. SUPPLE

WHEREFORE pl

1. Grant th
this action;

House of Represen

North Carolina Se

protection clause

States Constituti
representation di
defendants from

or certifying the

apportionment and

future which has

equal in size;

3. Declare

House of Represen

Carolina Session

and denies plaint

their vote effect
and s5 0f the vot

of the Fourteenth

Constitution, and

defendants from

certifying the re

tionment and from

which has the pu

black citizens.

intiffs pray that
relief prayed for

the Court:

in the Complaint in

nt and effect of the apportionment of the

se of Representatives enacted in Chapter

n laws of 1981 is to dilute the vote of

to deny plaintiffs their right to use

vely,

ENTAL PRAYER FOR RELIEF

2. Declare at apportionment of the North Carolina

atives as enacted in Chapter 1130 of the

sion Law.s of 1981 violates the equal

of the Fourteenth Amendment to the United

because the apportionment does not have

tricts which are equal in size and enjoin

rticipating in, supervising, conducting,

results of any election pursuant to this
from enacting any apportionment in the

epresentat.ion districts which are not

hat the apportionment of the North Carolina

atives as enacted in Chapter 1130 of the North

ws of 19BI dilutes the vote of black citizens
ffs and other class members the right to use

vely because of their race in violation of 52

ng Rights Act of 1965r Ers amended, in violation
and Fifteenth Amendments ot the United States

in violation of 42 U.S.C. S19BI and enjoin
rticipating in, supervising, conducting, or

ults of any election pursuant to this appor-

enacting any apportionment in the future
se or effect of diluting the vote of



4. Award t
attorneys I fees,

5. Grant s

h

u

and appropriate.

rhis l3 da

: costs of this action, including reasonable

Eo plaintiffs; and

:h other and further relief as may be just

I of November, 1981.

LESLIE J. WINNER
Chambers, Ferguson, Watt, Wa1las,

Adkins & Fu1ler, p.A.
951 South Independence Boulevard
Charlotte, North Carolina ZBZO2
704/37s-8461

JACK GREENBERG
JAMES M. NABRIT, III
NAPOLEON B. WILLIAMS, JR.
10 Columbus Circle
New York, New york 10019
202/585-8 397

Attorneys for plaintiffs

0 t,7nzO-

-6-



GENEP'1. ASSEMBLY OF NORTH C']OLINA

SESSION 1981

RATIFIED BILL

C5APTER 1130

EOI'SE BILL 1428

IN. ICT IO APPORTIOT TEE DISTBTCTS O? TEE trOBTE CI,ROLIXI EOIISE OP

BEPBESENTATIYES.

The Geoeral. l,sseubly of Xorth Carolina enacts:

Section 1- G.S. 120-2 is recritten to reail:
ns 120-2. Eogse apportionuent specifieil.--For the purpose of

nouinating ancl electing renbers of the f,orth Carolina Eouse of
lepreseatatives in 1982 aDdl perioclically thereafter, the State of

shall el.ect tro Eepreseutatives.

District 2 shall consist of Beaufort anrl Eytle Counties, aDcl

shal.J- elect one Bepreseutative.
' District 3 shall consist of Crayen, Lenoir, and panlico

Counties, anil shall eJ.ect three.Representatives-

Distri.ct $ sball cousist of Carteret antl ouslov Counties, ancl

shall elect three Represeutatives.

District 5 shall consi,st of Berti.e, Gates, Ealifar, Hertforcl,

lartin, and llorthaupton Counties, anA shaII elect three

ltepy6oont at lvas. 
..

, District 6 sha I1 cousist of Eilgeconbe, f,ash, aucl lilson
(

\ Couuties, and shall elect four Representatives.

I.,

t,

a,

Xorth Carolina shall be ili.vicletl into the folloving'ilistrlcts:
,.( District 1 shall consist of Canclen, Chofan, Currltuck, Dare,

EXHIBIT A (5 pages)



District 7 shall C st of Greene ancl pitt cf-. 
'i"=, 

aucl sha1l : ' t

elect tvo RepreseBtati.ves.

District 8 shalr cousist of Bayne county, and sharr erect tro C
Represent at ives .

District 9 shall consist --of Dup1iu antl Jones Couuties, ancl

shall elect oDe Representative.

District 10 . sbal1 coasist of Blaclen, peucler, ancl sanpson

Counties, anrl shall elect tro Representatives.

Di-strict 11 shal1 consist of Brunsvick and ller Hanover

Couuties,auclsha11eIectthreeRePreseDtatives.

District 12 shall cousist of Colunbus County, antl shall elect
one Representative.

District 13 shall consist of Robeson, Hoke, ancl scotrand

Counti-es, and shall elect three Represeutatives. _-

District 1E shall consist of Cunberland County, and shall elect
five Representatives.

I..t'l

a

District 15 shall consist of Harnett anrl Lee Counties, and

shall elect tro Represeutatives.

District 16 shall consist of ?ranklin an<I Johnston Counties,

ancl shall elect tro Representatives.

District 17 shall consist of flake County, and shal1 elect six
Represeatatives-

District 18 shall consist of casverr, Graaville, person, vance,

and flarreu counties, ancl shall elect tbree Representatives.

District 19 shalI consist of Durhan County, and shall elect
three Represent atiyes.

House Bill 1428



I
:

District 20 shalr consist of chatban, orauge, ald Rauclorph

Counties, aud shall elect four Bepresentatives.

District 21 shall cousist of lloore County, anit sha1l elect one

Represent ative.

District 22 shall consist of Richnonrl County, and shal1 elect
one Represeutative

District 23 shall consist of lnson aud tlontgonery couuties, and

shal1 elect oue Bepresentative.

District 24 shall consist of Cabarrus anct Uuion iounties, aucl

sha11 elect three Bepresentatives.

District 25 shall consist of Stanly County, antl shall elect oue

Bepreseutative-

District 26 shall cousist of Davidson ancl Davie Counties, aucl

sbal-I- elect three Representatives.

District' 27 shall consist of Roran County, and sha1l elect tvo(

District 28 shaIl consist of llanance County, and shall elect
tvo Eepreseatatives.

District 29 shall consist of Guilforct County, aucl shall elect
seven BePreseDtatives.

Distri.ct 30 shall cousist of alreghany, Rockingban, Stokes, ancl

surry counties, anil shall elect four Representatives.

District 31 shall coasist of Porsyth couDty, ancl shall elect
five Bepreseutatives-

District 32 shall consist of lsbe, avery, calclvell, llitchelr,
Eatauga, Filkes, aucl radkin counties, ana shall elect five
Represent atives

House Bill 1t128



.(
District 33 

"n"r\- ;ousi-st of alexander, Btrx", catavba, and

rreclell couoties, ancl shall elect six Bepreseutatives.
District 3lt shall consist of tlecklenburg County, ancl sha1l

elect eight Represeutatives.

District 35 shaIl consist of Gaston ancl Liucoln couutles, antl

shall elect four Representatives

District 36 shall consist of Clevelantl, PoIk, and Rutherforcl

couuties, ancl shall consist of three Represetrtatives;
District 37 shall consist of ltcDovelL antl yancey counti.es, ancl

sha1l elect otre Eepresentative.

District 38 shalI consi-st of Bunconbe, Henderson, aucl

Transytrvania counties, ancl shalr erect five Bepresentatives.
Distri-ct 39 shalI cousist of Hayroocl, Jackson, Haclison, ancl

svain counties, antl sha1l elect tro Rep_resentatiyes.

District 40 sharl consist of cherokee, cIay, Grahan, ana Haco1

I

I
:

sec- 2- 1981 session Lays chapter g0o is repealed.

sec- 3- (a) Notvithstancting G.s- 153-IOG or any otber
provision of lav to the coutraryr the filing period uuder Article
10 of General Statutes Chapter 153 for legislative offices (State
seuate, state House of Bepreseutatives, ancl u- s- House of
Bepresentatives) for the fi.liug year 19g2 ouly, shalI counenee at
12:00 noon on Honclay, pebruary 15, 19a2, and, shalr expire at
12:00 noon on ltou:lay, llarch 1, 1992.

(b) fn aclilition, the State Boarcl of Elections is bereby

authorizecl to establish the opening clate for issuance of abseutee

ballots to be votecl iu tire 1gB2 Prinary Election ancl saicl Boarcl

House Bill 1428



C
(

shall establish a beginning tlate as earl.y as practi.cable peuctiug

the printing of the ballots. such opening itate sharr arso apply

to any referendun or election held on the date of the prinary
electi.on. lbsentee ballots authorizetl uncler G.s. 163-ZZ?1b] (1)

ancl G.s. 163-227(b) (4) sha-ll be covered uniler the authori.ty
specified herein.

(c) The authority establishett ia this secti.on shall
terminate folloving the coniluct of the ttay tt. 19g2, priuary
elections.

Sec- tt- This act is effective upon ratification.
fn the General lssenbly reacl three times anrl ratified,

this the 30th ilay of October, 1981.

President of tbe Senate

LfqTaN B. RAMSEY

Liston B. Bausey

Speaker of the House of Representatives

t
House Bill 1428