Order
Public Court Documents
April 21, 1998

3 pages
Cite this item
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Case Files, Cromartie Hardbacks. Order, 1998. 40626b71-e10e-f011-9989-7c1e5267c7b6. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/70f9c138-603f-4cc5-a2c7-04bd6b6a99ac/order. Accessed July 16, 2025.
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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