Affidavit (Exhibit A)

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NO. 81-803-CrV-5

IN IrHE UNTTED STATES DISTRICT COURT
POR THE EASTERN DISTRICT OT NORTH CAROLINA

NALEIGH DIVISION

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RALPH GINGLES, et al. )

Plaintlffs, I
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RUFUS EDMISTEN, et al. )
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Defendants. )

'A1ex K. Brock, being duly shrorn, hereby deposes and

says:

1. I, Alex K. Brockr 6rn Secretary-Director of the
state Boarcl of Elections of North carolina, the offices of
whlch are located at suite 801, Raleigh Brrild.inq, 5 west

Hargett Street, Raleigh, North Carolina 276OLi

2- r have served in that capacity continuousry since
August 5, 1965, and rrras, th'erefore, servLng in that capacity
in L967 when the General Assenrbly of North CaroLina ratified
chapter 640, session Laws of lgi7, which contained proposals

for two arnendments to the constitution of North carolina;
3. Those two proposals were approved by vote of the

people l.n November of 1958 and became Article If , &4(3)

(presently Article rr, s3(3) ) and Article rr, s6(3) (presently

Article rI 55 (3) ) of the Constitution of blorth Carolina;

4. Article If, 53(3) provides, inter alia, that the
General Assembly of North Carolina is prohibited from dividing
counties in forming the state senate electoral districts;
Article ff , 55(3) provides, ipter alia, that the General Assernbly

is prohlbtted from divlding counties Ln forming State Representative
electoral dlstricts ?

5. As best f recall, f did not deem these amendments to
the State Constitution to be subject to the submissLon requirements
of 55 of the voting Rlghts Act of 19550 at the time of.their
adoptlon, and, therefore, r did not submit the amendments to the
Attorney General of +-he rlnLted States for approval or seek thelr
approval by the Unlted States District Court for the District of
Columbla i

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6, I have, however, now advlsed the Attorney General

1968 ConstLtutl.onal anendments, by way of correspondence

dates of Septemlcer 22, 23, 24 and 28, 1981;

7. A copy of all of my corresPondence to the Attorney

General, regardJ.ng in part the 1968 amendments Ls attached'

hereto, along with pertl,nent attaehments to the corresPondence,

excludLng coples of session laws, the corresPondenee and attach-

ments beLng incorporated herein by reference;

B. I have subnltted all information to the Attorney General

which f deen to be of any inportance or sLglnificance to a determina-

tion by him as to whether the amendments satisfy the reqgLrements

of 55 of the Voting Rights Act of 1965 and have requested that the

determination be made as expedltiousJ.y as possLble;

g. f have also submitted to the Attorney General, for his

approval, copies of chapter 8oo, chapter 82L' and Chapter 87,

Session Laws of 1981, these constituting, resPectivelyr North

carolina's apportionment plans for the state House and senate,

and state Congressional el'ectoral districtsi

IO. f have subrnitted all other information deemed by rne

to be pertinent to the apportionment p1ans, includinq all

supplernental information requested by the Attorney General'

01-*H tsr,^L
Alex K. Brock
Secretary-DLrector
North Carolina State

Board of Elections

AFFIANT

Sworn to and subscribed before me

this *e 6ill day of october' 1981.

Commisslon ExPJ.res Q

lroranv PUBLTC