Order

    FROM ‘NC. RG ‘SPECIAL LITIGATION 919-716-6763 85.14.1998 15:32 

IN THE UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF NORTH CAROLINA 

EASTERN DIVISION 

No. 4:96-CV-104-BO(3) FILED 

MARTIN CROMARTIE, et al., APR 2.171008 

DAVIL Vv. DANIEL, CLERK 
Plaintiffs, L1.8, DISTRICT COURT 

£. DIST. NO. CAR 

Ves QED ER 

JAMES RB. HUNT, JR., in 
his official capacity as 
Govarnor of the State of 
North Carolina, et al. 

Defendants. 

  

This matter is before the Court on the parties' responses to 

the Court's April 3, 1998, Order which directed the Dafendante to 

propose a schedule for redrawing the 1997 North Carolina 

Congressional Redistricting Plan (the "1997 plan") and for 

holding congressional primaries and genaral elections this year. 

Having considered the parties’ arguments, the Court hereby 

ORDERS : 

1, On or before Friday, May 22, 1938, the North Caxolina 
General Asgembly will enact legislation revising the 19357 
plan and submit copies to the Court, along with indications 
with respect to any possible gubernatorial vete thexeof. If 
the General Assembly does not revise the plan by that time, 
the Court will assume sols responsibility ‘for drawing a 
plan. Tha General Assembly is directed to inform the Court 
immediately if prior to May 22, 1998, it becomes apparent 
that the two Houses of the Ganeral Assembly will be ynable 

to agree on a plan, In that event, tha Court will | 
immediately assume responsibility for drawing an interim 
plan. 

2. Legislation revising the 1997 plan will be submitted to 
the Court for approval and to the United States Depaxtment 
of Justice for preclearance simultaneously. 

 



  

FROM NC OB SPECIAL LITIGATION 919-716-6763 85.14.1998 15:33 

  

3. Within three (3) business days of enactment of the new 
legislation, Plaintiffs will inform the Court in writing 
whether they will oppose the legislation or not, and, if 
they oppose the legislation, they will provide tha basis for 
their objectiona in detail. Defendants will have three (3) 
buginess days to respond to any objections. 

4. Thea 1998 congressional elections will be c¢onducted under 
the new legiglation if (a) the Court approves the new 
legislation, and (bh) if the United States Department of 
Justice preclears the legislation by June 24, 1998, In the 
event the Department of Justice hae not precleared the 
legislation by June 24, 1998, the Court will agsumes sole 
responsibility for an interim plan for the 19988 elections. 

S, If the new enacted plan is not approved by the Court or 
sole responsibility to draw a plan falls to the Court, the 
Court will create an interim plan for the 1998 elections 
with a target completion date of July 1, 1998. This interim 
plan will also be used fox the year 2000 elaction cycle, 
unless the North Carolina General Assembly enacts, in a 
timely manner, a new plan which ie approved by the Court and 
precleared by the Dapartwment of Justice as appropriate. 

6. The 1998 election process, whether conducted under a 
legislative plan or a court oxdered plan, must begin no 
later than July 6, 1998, in oxder to hold tha general 
election on November 3, 1998, The 1998 election schedule 
must contain the following elements: 

Filing period 
July 6 through July 20 

Absentee balloting begins for primary 
August 14 

Primary 
Septembex 15 . 

Absentes balloting begins for genexal election 
October 2 

General election 
November 3 

 



   
FROM NC AG SPECIAL "LITIGATION: 919-716-6763 85.14.1998 15:33 

7, The North Carolina State Board of Elections is hereby 
ORDERED to implement the proceduras necessary to comply with 
the above-listed 1998 election Bchedule, 

50 ORDERED. 
., ud 

This 20 Yay of April, 1998. 

SAM J. ERVIN, III 

United B8tates Qirxcuit Judge 
TERRENCE W, BOYLE 

Chief United States District Judge 
RICHARD L. VOORHEES 
United States District Judge 

  

CHIEF UNITED STATES DISTRI JUDGE 

ok ok EN D ok ok sk