Stipulation of Class Action
Public Court Documents
April 1, 1982

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Case Files, Thornburg v. Gingles Hardbacks, Briefs, and Trial Transcript. Memorandum from Winner to Williams, Guinier, Klein, Suitts, and Chambers; Petition for Declaratory Judgment and Application for Injunction, 1982. 99391c65-d792-ee11-be37-6045bddb811f. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/27397365-bcff-4ac9-b53b-135b614c158d/memorandum-from-winner-to-williams-guinier-klein-suitts-and-chambers-petition-for-declaratory-judgment-and-application-for-injunction. Accessed July 08, 2025.
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5-,2'f,t I,TEMORAI.IDIIM TO: FROM: RX: DATE: Napoleon Williams, Lani Guinier, Richard Klein, Steve Suitts, & J. LgVonne Chambers Leslie J. Winner tjt^/ Cavanaeh v. BrockW The attached is for your intervene in this proceeding. attempting to have it removed what you think. inf ormation. We may \f,ant Defendants are currently to Federal CourE. Let me to know vr NORTH CAROLINA hIAKE COUNTY ; t i-. - ,"1 'i JoHN J. CAYAIIASH,. JoHN W. FARE, JOHN M. HESTER, RICHARD V. LINVILLE, WILLIAT.,I W. LIN- VILLE, JOHN'THENRY MURMY, J. G. NEAL, VI. E. NEAL, CHARLES PIERCE, FMNK E. RHODES , H. GRAY SVIAIN, ROGER P. SWISHER and W. GMDY SWISHER, Plaintiffs, vs. ALEX K. BROCK (Executive Director, North Carolina State Board of Elections), ROBERT W. SPEAR.MAN, MRS. ELLOREE M. ERI^IIN, MRS . RUTH T. SEI"IASHKO, WILLIAM A. MARSH, JR., and ROBERT R. BROI^INING (Members, North Carolina State Board of Elections). Defendants IN THE GENEML COURT OF JUSTTCE SUPERIOR COURT DIVISION 83C_V_cv PETITION FOR DECLARATORY JUDGI'IENT AND APPLICATION FOR INJUNCTION ) ) il):" ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) I NATURN OF ACTION This is a civil proceeding brought against the North Carolina State Board of Elections seeking a declaratory judgment and an in* junction restraining them from implementing any redistricting plan for General Assembly elections pertaining to Forsyth County which would violate the mandate of the North Carolina constitution (Arricle II, S 3(3) and 5(3)) forbidding the division of counties in the formation of Senate and Reoresentative Districts. II PARTIES DEFENDANT The defendant Alex K. Brock is Executive Secretary and the remaining defendants are members of the North Carolina State Board of elections, an independent, quasi judicial agency with general supervision over the primaries and elections in the SEate, including those within Forsyth County, the particular duties of which Board include inter alia, the preparation and distribution of balIots, the certification of names and candidates to be on said ball-ots and the declaration of results of primary and general elections all in accordance vrith G. S. L63-22. III PARTIES PLAINTIFF The plaintiffs are all citizens and residents and are regisEered voters of Forsyth County. of Forsyth County IV STANDING TO SUE The plaintiffs are injured by the proposed redistricting plans in respects more direct and specific than the general ciEizenry of North Carolina in that: (a) The plaintiffs John M. Hester, John Henry Murray, John W. Fare and J. G. Neal are citizens, residents and registered voters of Belews Creek Township and Forsyth County. Their right to vote for candidates for the North Carolina Senate and North Carolina House of Representatives fo represent Forsyth County will be denied if the redistricting plans described herein are placed into effect, and their votes will be watered down, diluted, and'submerged in the vastly more numerous Guilford County voEes in the district to which they have been assigned under the said redistricting pIans. .:. 1, . (b) The p1-aintiffs lI. E. Nea1, H. Gray Sr.rain, I^lilliam I^1. Linvill-e, and Charles Pierce are citizens, residents and registered voters of Sal-em Chapel Township and Forsyth County. Their right to vote for candidates for Ehe North Carolina House of Representatives to represent Forsyth County witl be denied if the redistricting plans described herein are placed into effect, and their votes will be watered down, diluted and submerged in the vastly more numerous Guilford County votes in the district to which they have been assigned under the said redistricting plans. (c) The plaintiff Frank E. Rhodes is a member of the North Carolina House of R.epresentatives representing all of Forsyth County, including the affected townships. He himself is a citizen, resident and registered voter of Forsyth County and 01d Torun Township. Re- presentative Rhodes is a plaintiff as duly constituted representative of the people of Forsyth County and as a declared candidate for elec- ton to the }trorth Carolina House of RepresentaEives who is threatened with the loss of a substantial part of his constituency should the said redistricting plans be placed in effect. (d) Richard V. Linville and InI. Grady Swisher are members of the Forsyth County Board of County Commissioners representing all of Forsyth County, including the affected tovrnships. They are themselves citizens, residents and registered voters of Kernersville Tovn:ship and Forsyth County whose righE to vote for candidates for the North Carolina Senate to represent Forsyth Couunty will be denied if the redistricting plans described herein are placed into effect, and their votes will be watered down, diluted and submerged in the vastly more numerous Guilford County votes in the district to which they -3 o have been assigned under the said redistricting plans. Moreover, as duly constituted representatives of the people of Forsyth County, they oppose on behalf of the citizens of Forsyth County the loss of any effectual voice in the election of Senators by the residents of Belervs Creek and Kernersville Township, and the loss of any effec- tual voice in the election of representatives by the residents of Belews Creek and Sa1em Chapel Townships. (e) The plaintiff John J. Cavanagh is a member of the North Carolina Senate, representing all of Forsyth County, including the affected townships. He himself is a citizen, resident and registered voter of Forsyth County and Winston Township. Senator Cavanagh is a plaintiff as duly elected representative of the people of Forsyth County and as a declared candidate for the General Assembly who is threatened with the loss of a substantial part of his constituency should the said redistricting plans be placed in effect. (f) Roger P. Swisher is duly elected I.{ayor of Kernersville, an incorporated town in Kernersville Township, Forsyth County. He is a citizen, resident and registered voter of Kernersvil-le Township and Forsyth County whose right to vote for candidates for the North Carolina Senate to represent Forsyth CounEy wiII be denied if the redistricting olans described herein are placed. in effect, and his vote and that of the citizens of Kernersville will be watered down, diluted and submerged in the vastly more numerous Guilford County votes in the district to which he has been assigned under the said redistricting plan. He and the citizens of Kernersvill-e will have no specific representative to champion 1oca1 legislation of interest -4 to their community especially when such legislation may be of little interest to or be opposed by the residents of Guilford County. V FACTS At a special session of the North Carolina General Assembly held in FebruzTy, L982, the General Assembly enacted apparently in attempted compliance with Article II, SS 3 and 5 of the North Carolina Constitution, revisions of the House of Representatives. and Senate Districts, knovnn to "House Bill l" and "senate BilI 1" respectively VI Copies of the legislation referred to in paragraph V are attached hereto as Exhibits A and B and made a part hereof. VII In its attempted revision of the House of Representative Dis- tricts, the General Assembly combined in House District 29, eleven tovn'rships in Guilford County with Belews Creek and Salem Chapel Township in Forsyth County, thus dividing Forsyth County in the formation of thaE representative district. VIII House district No. 29 as now constituted by the North Carolina General Assembly clearly is in violation of Article II S 5 (3) of Ehe North Carolina Constitution which states: " (3) No County shall be divided in the formation of a representative district." E -J u Tn its attempted revision of the Senate districts, the General Assembly combined in Senate district l-9, Ewenty-one townships in Guilford County with Kernersville and Belews Creek Townships in Forsyth County, thus dividing Porsyth County in the formation of that Senate district. x Senate districL L9 as now constituted by the North Carolina General Assembly clearly is in violation of Article II, S :(S) of the NorthCarolina ConsEitution which states: " (3) No County shall be divided in the formation of a senate district." XI IRREPARABLE INJURY Should defendants place into effect the legislation described in paragraph VI, in contravention of Ehe North Carolina Constitution, the plaintiffs wil-l suffer immediate and irreparable injury of a real and direct nature in that, among other things, (a) As voters of Belews Creek and Salem Chapel Townships, comprising 9,368 persons, they will be effectivel-y disenfranchised in elections for the State House, by being amalgannated into an urban Guilford County population of 38,187, with whom they have littIe historic, economic or political ties or common interests. (b) As voters of Kernersville and Belews Creek Townships comprising 19,087 persons they will be effectively disenfranchised -6 in elections for the State Senate by- being amalgamated into a Guilford county population of 92,7L4, with whom they have little historic, economic or political ties or common interests. (c) As voters of Forsyth County thus combined with much more numerous Guilford voters as aforesaid, they will have little voice in championing locaL legislation affecting their own county, BS- pecially local legislation which may not be of interest to Guilford County. (d) As voters of Forsyth County they will be deprived. of 41" assistance of the voters of Belews Creek, Kernersville and Salem Chapel Townships in electing representatives and senators who re- present the interests of that county, although the voters of Belews Creek, Kernersville and Salem Chapel Townships will for all purposes other than said elections remain citizens of Forsyth County. (e) Conversely, as voters of Belews Creek and Kernersville Townships they will not participate in electing State Senators of Forsyth County, and as voters of Belews Creek and Salem Chapel Townships they will not participate in electing state representatives of Forsyth County, in spite of the fact that since 1849 they have participated as citizens of Forsyth County in law enforcement, sanitaLion, health, recreation and the paying of taxes; and said Forsyth County representatives and senators, whom they are deprived of the right to elect, will sponsor local legislation affecting them -7 o XII INADEQUATE REMEDY AT LAW The defendants, as plaintiffs are informed, believe and therefore all-ege, are planning to proceed with primary elections in accordance with the unconstitutional plans described above, which elections are scheduled to be held on June 10, L982. The plainttffs have no adequate remedy at law if injunctive relief is not provided. XIII DECLARATORY JIIDGMENT AND CLASS ACTION The plaintiffs bring this action on behalf of themselves and of all other persons similarly si,tuated pursuant to Rule 23 of the North Carolina Rules of Civil Procedure. The class plaintiffs seek to represent includes the 243,683 citizens of Forsyth County, and more particularly the 3,396 residents of Belews Creek Township, the 5,271 residenLs of Salem Chapel Township, and the L4,g2O residents of Kernersville Township who are being joined in the redistricting plan to essentially Guilford county popul-aces. This class is so numerous that joinder of aIL members is impractical. The questions of law and fact involved are common and the claims made are typicaL. of the claims of the class. Plaintiffs will adequately represent and protect the interests of the aforesaid class. The plaintiffs are entitled to a declaratory judgment adjudging the legislative enactments described herein unconstitutionaL, and a -8 preliminary and permanent injunction restraining the defendants from implementing any redistricting plan pertaining to Forsyth County which would violate the clear mandate of Article II, S 3 (3) and 5(3) of the Lrlorth Carolina Constitution. I,HEREFORE, Plaintiffs pray the Court that: 1. The Court declare the legislation attached hereto as Exhibits A and B, and which purports to redistrict the State of North Carolina to be unconsitutional insofar as iE pertains to Forsyth County 2. The Court issue preliminary and permanent injunctions against the defendants jointly and severally, restraining them from taking any steps to implement or put into effect such legis- lation insofar as it pertains to Forsyth County. 3. The Court award these plaintiffs such other and further relief as to the Court rnay seem just and oroper. 4, The Court award the plaintiffs their costs OF COUNSEL: WHITING, HORTON 450 NCNB Plaza Wins ton-SaIem, (9L9) 723-L826 AND HENDRICK N.C.27LOL WAYNE T. ELLIOIT, ESQ. SOUTHEASTERN LEGAL FOUNDATION I800 Century Boulevard, Suite 950 Atlanta, Georgia 30345 (40+1 32s-22ss orton, Jr. Attorney for Plaintiffs -9