Fax to Smiley to Everett RE: Stipulations, Senator Cooper & Dr. Webster

    NC AG SPECIAL LIT Fax:9197166763 Nov 22 '99 8:39 P. 02 

CUERETT GASKINS/DURHAM @@ cess 

EveErReTT & EVERETT 
ATYQANEYB AND GOUNSELORS AT LAW 

SUITE 900 

f.0. EVERETT (1278-1871) 301 W. MAIN STREET 

KATMRINE 2. EVERETT (1893.1502) n sae 
ROBINSON OQ. EVERETT 0. Hox 

Nov 2 1 Ea No .001 P.02 

FAX; (019) 082-59 DAWN T. BATTISTE Dunxam, NoaT™ Carolina 27702 Tine 

SANDRA &, HERAING 
  

OF COUNSEL 

- ROBERT 0. HOLLEMAN 

OF COUNBEL 
GRAIG M. KABATCHMTIt 
(AGMITTED N.C, D.C.) November 21, 1999 

Via Telecopier 
(919) 716-6763 {Om “op 

NN 

Ms. Tiare B. Smiley An 
Special Deputy Attorney 
State Of North Carolina 
Raleigh, North Carolina 

RE: Stipulations, Senator Roy Cooper & Dr. Gerald R. Webster 

Dear Tiare: 

We will be forwarding a revised copy of our proposed stipulations in approximately one 
hour. We reserve the right to add additional stipulations. This is to confirm that you intend to 
inform us on Monday as to those stipulation you find objectionable and to forward your proposed 
stipulations to us. 

This is also to confirm that you have rejected our offer to permit the State to submit 
Senator Cooper's prior affidavits as well as his entire deposition in leu of his testifying at trial, 

We have reconsidered your proposal to permit Senator Cooper to testify via video tape. 
If the State will agree to also admit his discovery deposition at trial, we are willing to permut 

Senator Cooper’s video testimony ta be taken on Friday, November 25% provided that the 
logistics can be worked out. While this is a hardship for us, we want to make every effort to 

accommodate Senator Cooper's prior commitments. 

We are not at this time in a position to consent 10 the State offering Dr. Webster's 
deposition transcript in lieu of his testifying at trial. We realize that he will need to make travel 
arrangements, but we will continue to consider any alternative to having his live testify at trial. 

Please let me know as soon as possible if our proposal regarding Senator Cooper is 
acceptable. 

Sincerely, 

Robingon O. Everett 

 



NC AG SPECIAL LIT Fax:9197166763 Nov 22 ’SS 8:39 P.0O3 

EVERETT GASKINS/DURHANM 00 «ce Nov “6 ® 1:17 No.001 P.02 

PLAINTIFFS’ PRE-TRIAL ORDER DRAFT, NOVEMBER 21, 1999 

I. Stipulations Co Pp, 

II. Contentions 

A. Plaintiffs’ Factual Contentions 

1. A significant number of persons were cither included or excluded from the 1997 version of 

District 1 and District 12 on the basis of race. 

2. The General Assembly’s predominant racial motive is revealed by: 

a. The racial assignment of precincts, parts of cities, and parts of counties in the construction of 

the challenged districts. 

b. the sequence in which redistricting plans were developed after the Supreme Court decision in 

Shaw v. Hunt 
¢. recorded statements and correspondence by legislators and legislative staff contained in the 
legislative record, Section 5 preclearance submission, and internal E-mail. 

d. The quick agreement on the heavily black districts 1 and 12. 

e. the retention of the racial cores of District 1 and District 12 
f Disregard for traditional redistricting principles such as respect for the boundaries of cities, 

counties and other political subdivisions, geographic compactness, contiguity and communities of 

imerest resulting from geographic proximity 
g. The concern about complying with the Department of Justice maximization policy 

h. The advice given to the General Assembly that a district which was not majority-minority was 

not subject to Shaw v. Reno 
i. The relation of the 1997 plan to the 1992 plan which makes clear that the later pian maintains 

the “vestiges” of the earlier plan and is the “fruit” of the unconstitutional Twelfth District and 
First District in the 1992 plan. 
j. The pretextual explanations and post hoc rationalizations offered in defense of the 1997 plan 
k. The results of the congressional election in District 12 under the 1998 plan, which revealed 
that a politically safe “Democratic” 12* district could be drawn without linking together 
geographically dispersed black communities in order that the total minority population would be 

around 47%. 
I. The inconsistency between the results of the Associated Press survey taken of legislators in 
late 1996 and the defendants’ claim that the 1997 redistricting plan had a predominately political 

motive. 

3. The efforts to claim a political motive for the First und the Twelfth Districts of the 1997 plan 
are pretextual. 

a. The claim that “partisan balance” drove the formation of these districts has been misused 
repeatedly by the state defendants throughout the 1990s. 

b. The statistical analysis by Dr. Peterson is neither reliable nor relevant because it ignores 
heavily black internal precincts in the 12* District, docs not give varying weight ta the varying 
population and minority population in his “segment analysis”, uses flawed data which, when  



   

  

19197166763 Nov 22°99 8:40 P.04 eno NC Ac SPECIAL LIT ee Novy I 1:18 No.0OO1 P.0O3 

corrected, would lead to a contrary conclusion, and is riddled with numerous additional errors. 
c. The challenged districts are overly safe for Democratic candidates, but are instead 

constructed so that blacks predominate in the Democratic primary electorate. 

+. No compelling government interest hac been shown to exist for creating the racially 
gerrymandered Twelfth District or the racially gerrymandered First District as is revealed by: 
8. The effort on the part of the General Assembly to comply with the unconstitutional 
maximization policy of the Department of Justice in its administration of Section 5 Preclesrance, 
b. The inability of the defendants or sayone else to show that a geographically compact district 
can be created in which a majority of the voting age population is African-American. 
-¢. The geographic dispersion of African-Americans in Noth Carolina, as a result of which only 5 
of 100 counties have a majority black population and no geographically compact district can be 
created wherein a majority of its total population is African-American. 
d. The staternents by officials of the State in the past which acknowledged that such a 
geographically compact district can not be created in North Carolina, 
e. The reliance by the defendants on an undefined and undefinable concept of “functional 
compactness,” which is used to support the unconstitutional theory that a person of one race has 
less community of interest with a person of another race in his own city or county than he has 
with a person of his own race located in a distant city or county. 
f The attempt to justify their racial composition by reference to purposes such as partisan 
balance and incumbent protection, which are clearly not compelling government interests, 

3. Even if such a compelling governmental interest could be imagined for either the 12% District or the 1% District, neither District 12 nor District 1 of the 1997 plan is narrowly tailored to further 
that interest. 

a. The districts are not narrowly tailored by shape and disregard geographical compactness b. The districts are not narrowly tailored because they unnecessarily violate the integrity of 
political subdivisions. 

c. The districts are not narrowly tsilored in their racial composition because they 
overconcentrate African Americans and thereby unduly reduce minority participation in the 
electoral process in other districts, 

d. The districts are not narrowly tailored because they concentrate African Americans far more than is necessary for them to elect a candidate of their choice. 

B. Plaintiffs’ Contested Legal Contentions 

1. Plaintiffs in this action are not barred by claim preclusion from presenting their claims as a result of the Shaw litigation. 

2. Because of the uncanstitutionality of the 12* and 1* Districts in the 1992 plan, the General Assembly was not free to use that plan as a benchmark and to draw the 1997 plan s0 ns 10 

 



NC RG SPECIAL LIT Fax:9197166763 Nov 22°99 8:40 P.05 
al® NOV ‘a@® 1:18 No .001 P.0Q4 

  

preserve its racial cores. 

3. The General Assembly had a duty 10 remove all vestiges of the unconstitutional 12® and 1* 
Districts in the 1992 plan and clearly the evidence fails to establish ther this duty was fulfilled. 

4. In order for Thornburg v. Gingles to apply to any district in North Carolina, it must be shown 
that a district can be formed which is geographically compact and in which the majority of the 
voting age population is African American. 

3. Functional compactness may not be substituted for geographic compactness in anempting to 
justify the boundaries of a Congressional district under Thornburg v. Gingles and Shaw v. Reno. 

6. Dr. Peterson's unprecedented analysis of precinct boundary “segraents” is subject to exchision 
under Daubert because it is neither reliable nor relevant. 

7. In the event the Court concludes that the 1997 redistricting plan is unconstitutional, then 
because of the repeated failure of the General Assembly to prepare a constitutional plan, the 
Court should proceed-with the aid of 8 special master if it so chooses-to draw a pian that is not predominately race based, is not & “vestige” or frvit of the 1992 plan, and will be used as a 
remedial plan for the year 2000 elections. 

8. Plaintiffs have standing because all but one are registered voters in the district that they are 
attacking and plaintiff Linville has standing because he and his precinct were removed from one 
district 10 another on the basis of race. 

9. The plaintiffs’ motion should be granted to further amend the complaint in order to conform 
with the expected evidence establishing plaintiff Linville's standing. 

 



    
NC AG SPECIAL LIT Fax:9197166763 Noy 22 "9S 8:41 P. 06 

EVERETT GRASKINS DURHAM eo NOV ‘e® No.0Q02 P.O1 

VE BRETT & EVERETT 
ATTORNEYS ANC COUNSELORS AT LAW 

  

BUITE 300 
‘RO. SVERETT (1878-1971) M01 W. MAN STREST 
CATHENINE A. EVERETT (1983-1082) P.O. SOK SAN 

EY Durem, Norm: CaroLina 27702 TEL: (915) 882-5691 
SANDRA GG. HERRING FAX: (019) 60d-3480 

OF COUNSEL 
ROSEAT 0. NOLLEMAN 

© OF COUNSEL : 
CRAIO WM. KABATCHNICK 

(ADMITTED N.C.. D.C.) 
FAX TRANSMITTAL 

  

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NC AG SPECIAL LIT Fax:9197166763 Nov 22 "99 8:41 P.07 

EVERETT GASKINS/DURHAM 00 Nov = 1 a No .002 P.02 

Date and Time: November 21, 1999, 1 p.m. 

All parties are properly before the court. 

The court has jurisdiction of the parties and of the subject matter. 

3 All parties have been correctly designated. 

4, There is no question as to misjoindér er non-joinder of parties. 

EXHIBIT ISSUES: 

5, Except as noted by an objection, the parties agree that all maps on the exhibit list are 

authentic. 

At the request of any party, the Court may take judicial notice of materials offered as an 
exhibit from the 1991, 1992. 1997. 1958 or 1998 Section 5 Preclearance Submission of 

corresponding Congressional districting plan to the Department of Justice. 

At the request of any party, the Court may take judicial notice of all matenals and data 

contained in the General Assembly's ArcView program and redistricting program in the 

office of Information Services. 

STANDING/RESIDENCE: (The following stipulations as to standing are subject to a ruling by 
this court as to the defense of claim preclusion) 

8. Plaintiff J. H. (Jake) Froehlich resides in Guilford County and is a properly registered 
voter in Congressional District 12. 

Plaintiff R. O. Everett resides in Rowan County and is a properly registered voter in 

Congressional District 12. 

Plaintiff Joel K. Bourne resides in Edgecombe County and is 8 properly registered voter in 
Congressional District 1, 

Plaintiff Lois Weaver resides in Edgecombe County and is a propery registered voter in 
Congressional District |. 

Plaintiff Thomas Chandler Muse resides in Edgecombe County and is a properly registered 
voter in Congressional District 1.  



  

   
NC AG SPECIAL LIT Fax:9197166763 Nov 22°99 8:42 P.08 

EVERETT GASKINS/DURHAM RQ Now “@ @® No .002 P.03 

13, Plaintiff Martin Cromartie resides in Edgecombe County and is a properly registered voter 

in Congressional District 1. 

14. Plaintiff Jake Froehlich has standing to challenge the constitutionality of Congressional 

District 12. 

15. Plaintiff R. O. Everett has standing to challenge the constitutionality of Congressional 

District 12. 

16. Plaintiff Martin Cromartie has standing to challenge the constitutionality of Congressional 

District 1. 

17. Plaintiff Joel K_ Bourne has standing to challenge the constitutionality of Congressional 
District 1, 

18. Plaintiff Lois Weaver has standing to challenge the constitutionality of Congressional 

District 1. 

19. Plaintiff Thomas Chandler Muse has standing to challenge the constitutionality of 
Congressional District 1. 

20. Plaintiff Ronald Linville resides in Forsyth County in Abbotts Creek #2 precinct in the 
1990 map of precincts in Forsyth County. 

21.  Plaimiff Ronald Linville in the 1992 plan was a properly registered voter in Congressional 

District 12, 

22. Plaintiff Ronald Linville was a properly registered voter in Congressional District 5 in the 
1997 plan. 

23. Abbott's Creek #2, which wes included in District 12 in the 1992 plan, is now in District 
and borders District 12 in the 1997 plan 

24. Ronald Linville is white and based on 1990 census data for total population, Abbott's 
Creek #2 precinct is 95.94% white. 

25. DISTRICT DEMOGRAPHICS: Approximately 22% of the State’s totel population is 
African-American. 

26. Approximately 20% of the State's voting age population is African-American. 

27. District 12 in the 1997 plan is 46.67% African-American in total population and 43.36% 
African-American in voting age population. 

 



NC AG SPECIAL LIT Fax:91397166763 Nov 22 ’'99 8:42 P. 09 

EVERETT GASKINS/DURHAM @® Now @ No .002 P.04 
    

28, District 12 in the 1998 Plan is 35.58% African-American in total population and 32.56% 
African-Amencan in voting agé population. 

29. In creating the 1997 Plan, thie General Assembly split 22 counties. 

30. ‘Six of six counties were split in creating District 12 in the 1997 Plan. 

31. Congressional District 12 in the 1997 plan is the only district among all the NC districts in 
that plan which has no whoie, entire county as a part of it. 

32. Ofthe total population of Congressiongl Digtrict 12 in the 1997 plan, approximately 75% 
percent comes from parts of Mecklenburg, Forsyth and Guilford counties. 

33. Inthe 1997 plan, Forsyth County is split between Districts § and 12, in such a manner that 
72.9 percent of the total population assigned to District 12 is African-American, while 
only 11.1 percent of its total population assigned to neighbor District S is African- 
American. 

34. Inthe 1997 plan, Mecklenburg County is split between Districts 9 and 12, in such a 
manner that $1.9 percent of its total population allocated to District 12 is African- 

American, while only 7.2 percent of the total population assigned to adjoining District 9 is 
Affican-American. 

35. Inthe 1997 plan, Guilford County is split between Districts 6 and 12, in such a manner 
that 51.5 percent of its total population allocated to District 12 is African-American, while 
only 10.2 percent of the total population assigned to adjoining District 6 is African- 
American, 

36. Inthe 1997 plan, of Mecklenburg County's African-American population, 84% was 
placed in District 12 and 16% in the District 9; but of its white population, 27% was 
placed in District 12 and 73% in District 9. 

37. Inthe 1997 plan, of Forsyth County's African-American population, 65% was placed in 
District 12 and 35% in District 5; but of its white population, 8% was placed i in District 12 
and 92% in District 5. 

38. Inthe 1997 plan, of Guilford County's African-American population, 76% was placed in 
District 12 and 24% in District 6; but of its white population, 25% was placed in District 
12 and 75% in District 6. 

39. Inthe 1997 plan, of Iredell County's African-American population, 63% was placed in 
District 12 and 37% in District 10; but of its white population 37% was placed in District 
12 and 63% in District 10. 

 



    
NC AG SPECIAL LIT Fax:9197166763 Nov 22 989 8:43 P-10 

EVERETT GARSKINS/DURHAM 00 Nov ‘00 No.002 P.05 

40. Inthe 1997 plan, of Rowan County's African-American population, 66% was placed in 
District 12 and 34% in District 6; but of its white population, 23% was placed in District 

12 and 775 in District 6. 

41. Inthe 1997 plan, of Davidson County's African-American population, 80% was piaced in 
District 12 and 20% in District 6; but of its white population, 49.6% was placed in District 

12 and 50.4% in District 6. 

42. District 12 divides the populations of eight cities (Charlotte, Greensboro, High Point, 
Lexington, Salisbury, Statesville, Thomasville and WinstonsSalem) and several towns. 

43, The City of Charlotte 1s divided in such a manner that 59.47% of the population assigned 
to District 12 is African-American, while only 8.12 percent of the Charlotte population 
assigned to Distinct 9 is African-American. 

44. The City of Greensboro is divided in such 8 manner that 55.58% of the population 
assigned to District 12 is African-American, while only 10.70 percent of the population 
assigned to District € is Aftican-American. 

45. The City of Statesville is divided in such a manner that more than 75% of the population 
assigned to District 12 is African-American, while only 18 88 percent of the population of 
Statesville outside of District 12 is African-American, 

46. The City of Salisbury is split such that more than 41% of the population assigned to 
District 12 is African<American, while only 15.39 percent of the population of Salisbury 
outside of District 12 is African-American. 

47. The City of Thomasville is split such that more than 41% of the population assigned to 
District 12 is African-American, while only 9.55 percent of the population of Thomasville 
outside of District 12 is African-American. 

48. Approximately 90 2% of the African~Americans who reside in District 12 in the 1997 plan 
also were included in District 12 in the 1992 plan. 

49. Approximately 49% of whites who reside in District 12 in the 1997 plan also were 
included in District 12 in the 1992 plan. 

50. Approximately 74.3% of the blacks who were in District 12 in the 1992 plan continue to 
be in District 12 in the 1997 plan. 

51. Approximately x% of the whites who were in District 12 in the 1992 plan continue to be 
in District 12 in the 1997 plan. 

 



    
NC AG SPECIAL LIT Fax:9197166/763 Nov 22 '99 8:44 Prd} 

EVERETT GASKINS/DURHAM Be Nov 1 J No .002 P.06 

§2. District 1 in both the 1997 and 1998 plans is 50.27% African-American in total population 
and 46.54% African-American in voting age population, 

53. Ten of twenty counties were split in creating Distriet 1 in tha 1997 Plan, 

54. The First Congressional District is comprised of ten whole counties and portions of ten 
others. 

55. Five counties in North Carolina are majority black in total population, namely Edgecombe, 
Bertie, Hertford, Northampton, and Warren. 

56. All five of these counties are included in whole in the 1997 version of the First District. 

§7. More than half the black population of the 1997 version of the First District comes from 
the ten split counties. 

58. The ten whole counties included in the 1997 version of the First District as a group have a 
Jarger total white population than total black population. 

59. In each of the ten counties that are split between District 1 and an adjacent district, the 
percentage of the population that is African. American is higher inside the district than it is 
outside the district, but within the same county. 

60. Nine of the 13 cities and towns divided between District 1 and its neighboring districts are 
divided along racial lines. 

61. The portion of the City of New Bern assigned to District is is 48.27% black, while the 
portion assigned to District 3 is 24.49% black. 

62. TECHNICAL AND POLITICAL DETAILS: Data on precinct boundaries and 
populations for the most populated counties, which would permit them to be divided in 
redistricting, was placed onto the state’s redistricting computers prior to formulation of 
the 1991 redistricting plan. 

63. The staff of the General Assembly later added the precinct boundaries and populations of 
counties subject to the Voting Rights Act, including those in northeastern Notth Carolina, 
into the state's computer with the expectation that they might be split in the formation of 
districts, thereafter but prior to formulation of the 1991 redistricting plan. [Cohen Nov. 
12, 1993 depo, p.101] 

64. An equitably populated congressional district in North Carolina, based on 1990 census 
data, would contain about 552,386 persons. 

65. Registered Democrats are prohibited from voting in Republican primaries and registered 
Republicans are prohibited from voting in Democratic primaries at the present time, and 

 



NC AG SPECIAL LIT Fax:9197166763 Nov 22.99 8:44 P.12 

EVERETT GASKINS/DURHAM @® Nov 1 No .002 P.07 

during all times relevant to this case. 

The voter support for Democratic candidate Harvey Gantt in the 1990 contest for U, §. 
Senator was highest in Congressional District 12 of any of the twelve congressional 
districts in North Carolina. 

The voter support for Democratic candidate Tony Rand in the 1988 contest for Lt. 
Governor was highest in Congressional District 12 of any of the twelve congressional 
districts in North Carolina. 

The 12* District in the 1997 plan contains the second largest number of registered 
Democrats of any of the twelve congressional districts in North Carolina, and the 1” 
District contains the largest number, | 

Guilford County Precinct 11 is not within Distriet 12 but is contiguous to that district. 
The precinct is 17.57% African-American in total population and 17.89% African- 
American in voting age population. Democrats comprise 62.32% of registered voters. 
Within this precinct, the Democratic candidate Gantt received 67.51% of the vote in the 

1990 senatorial contest, the Democratic candidate Rand received 61.68% of the vote in 

the 1988 Lt. Governor contest, and the Democratic candidate Lewis took 52.98% of the 
vote in the 1988 Court of Appeals contest. 

Guilford County Precinct 14 is not within District 12 but is contiguous to that district. 
The precinct is 15.19% African-American in total population and 15.24% African- 
American in voting age population. Democrats comprise 58.14% of the registered voters. 
Within this precinct, the Democratic candidate Gantt received 86.91% of the vote in the 
1990 senatorial contest, the Democratic candidate Rand received 65.66% of the vote in 
the 1988 Lt. Governor contest, and the Democratic candidate Lewis took 63.92% of the 
vote in the 1988 Lewis/Smith Court of Appeals contest. 

Guilford Coutity precinct 17 is not within District 12 but is contiguous to that district. 
The precinct is 9.09% African-American in total population and 8.64% African-American 
in voting age population. Democrats comprise 61.86% of the registered voters. Within 
this precingt, the Democratic candidate Gantt received 65.08% of the vote in the 1990 
senatorial contest, the Demacratic candidate Rand received 61.63% of the vote in the 
1988 Lt. Governor contest, and the Democratic candidate Lewis took 58.19% of the vote 
in the 1988 Lewis/Smith Court of Appeals contest. 

Forsyth County Brunson Elementary School Precinct is not within District 12 but is 
contiguous to that district. The precinct is 27.83% African-American in total population 
and 25.88% African-American in voting age population. Democrats comprise 65,75% of 
the registered voters. Within this precinct, the Democratic candidate Gantt received 
75.46% of the vote in the 1990 senatorial contest, the Democratic candidate Rand 
received 66,30% of the vote in the 1988 Lt. Governor contest, and the Democratic 
candidate Lewis took 65.84% in the 1988 Lewis/Smith Court of Appeals contest.  



NC AG SPECIAL LIT Fax:39197166763 Noy 22 99 8:45 P.13 

EVERETT GASKINS/DURHAM @o® Nov “@ ® No .002 P.08 

Forsyth County Hanes Commumty Center precinct ig not within District 12 but is 
contiguous 10 that district, The precinct is 32.06% AfricaneAmerican in total population 
and 28 80% African-American in voting sgé population. Democrats compnse 76% of the 
registered voters. Within this precinet, the Democratic candidate Gantt received 75.77% 
of the vote in the 1990 senatorial contest, the Democratic candidate Rand received 
71.68% of the vote in the 1988 Lt. Governor contest, and the Democratic candidate Lewis 
took 69.18% of the vote in the 1988 Lewis/Smith Court of Appeals contest. 

Forsyth County Latham Elementary School Precinct is nat within District 12 but is 
contiguous to that district. The precinct is 19.82% African-American in total population 
and 17.41% African-Améticat in voting ege population. Democrats comprise 65.25% of 
the registered voters. Within this precinct, the Democratic candidate Gantt recetved 
54.85% of the vote in the 1990 senatorial contest, the Democratic candidate Rand 

received 53.86% of the vote in the 1988 Lt. Governor race, and the Democratic candidate 

Lewis took 55.87% of the vote in the 1988 Lewis/Smith Court of Appeals race, 

Mecklenburg County Precinct 10 is not within District 32 but ig contiguous to that district, 
The precinct 1s 6.9% African-American in total population and 5 42% African-American in 
vating age population. Democrats comprise 63.45% of the registered voters. MISSING 

GANTT data ] Within this precinct, the Democratic candidate Rand received 73.01% of 
the vote in the 1988 Lt. Governor contest, and Democratic candidate Lewis received 

55.78% of the vote in the 1988 Lewis/Smith Court of Appeals contest. 

Mecklenburg County precinct 21 is not within District 12 but is contiguous to that district. 
The precinct is 10.51% African-American in total population and 7.84% in voting age 
population. Democrats comprise 59.45% of the registered voters, Within this precinct, 
the Democratic candidate Gantt received 60.11 of the vote in the 1990 senatorial contest, 
the Democratic candidate Rand received 52.32% of the vote in the 1988 Lt. Governor 
race, and the Democratic candidate Lewis took 48.30% of the vote in the 1988 
Lewis/Swmith Court of Appeals race. 

The eastern and western portion of Congressional District 9 are linked by an area along 
the South Carolina border which constitutes the southern portion of Precinct and are not 
linked at any other location. 

* Mecklenburg Precinct 77 is gplit in the proposed 1997 Congressional District plan 
between District 9 at the southern end and District12 at the northern end. 

Precinct 77 is not split in the State Senate plan; it is wholly within District 33. [Source: 
Mecklenburg County Board of Elect ions map] 

Precinct 77 is not split in the State House plan; it is whofly within District 56. [Source: 
Mecklenburg County Board of Elections map]  



    
NC AG SPECIAL LIT Fax:9197166763 Nov 22 "99 8:45 P.14 

EVERETT GASKINS/DURHAM @ @ce Nov “@ @® No .002 P.09 

81. Precinct 77 is not split in the Mecklenburg County Commission and School Board 
Districts; it is wholly within District 2. [Source: Mecklenburg County Board of Elections 
map] 

82. Precinct 77 is not split in the Charlotte City Council districts; it is wholly within District 3. 
(Source: Mecklenburg County Board of Elections map] 

83. There are a total of 435 Congressional districts in the United States of America, of which 
North Carolina had 12 districts in the 1990s, but only 11 districts in the 1980s. 

84. Atleast 95% of African.Americans who are registered to vote in North Carolina are 

registered as Democrats, and of the African Americans who are registered to vote in 
North Carolina and who vote in Republican-Democrat contests, at least 95% usually vote 
for the Democrat candidate. 

85. The countywide election and voter registration data entered into the computer with repect 
to Davie County was prorated to each Minor Civil Division. 

86. Inthe state redistricting computer, each of the seven townships of Davie County thus 
shows nearly identical percentages of support for Mr. Gantt. 

87. In the state redistricting computer, sach of the seven townships of Davie County thus 
shows nearly identical percentages of support for Mr, Rand. 

88. In the state redistricting computer, each of the seven townships of Davie County thus 
shows nearly identical percentages of support for Mr. Lewis. 

89. In the state redistricting computer. each of the seven townships of Davie County thus 
shows nearly identical percentages of Democratic party voter registration. 

90. As a result of this proration, the data used by Dr. David Peterson in his report indicated 

that in each of several Minor Civil Divisions of Davie County the number of African. 
Americans registered to vote exceeded the number of voting age African-Americans 
residing in the respective Minor Civil Division. 

91.  InJanuary of 1989, North Caroline had eleven Congressional districts. - Of these the 
second district (including Durham) had the largest percentage of African-American 
residents, 40.1 percent, based on 1980 census data. It was followed by the First District 

(in the northeastern part of the state and abutting the Atlantic Ocean) which had 35.2 
percent African-American residents; the Third District (including Goldsboro) and the 
Seventh District (including Fayetteville) each had 27.3 percent African-American 
residents, the Ninth District (including Charlotte) had a 23.3 percent African-American 
population; the Sixth District (including Greensboro) had 20.7 percent African-American 
population; the Eight District (includiitg Salisbury) with 20.1 percent African-American 
papulation and the Fourth District (including Raleigh) with 19.9%. [Sources: Black 

 



    
NC AG SPECIAL LIT Fax:9197166763 Nov 22 *9S 8:46 P.15 

EVERETT GASKINS/DURHAM gy @= see Nov 9 @ No .002 P.10 

  

at p. 323 (1589, 18® ed), and Attachment C-27-3 of 
the 199] Section § submission] 

92. More than 55% percent of the registered Democrats in District 12 in the 1997 plan arc 
African-Americans [NCEC data from 1997 submission] 

93. More than 50% percent of the registered Democrats in District 1 in the 1997 plan are 
Aftrican-Americans [NCEC data from 1997 submission] 

94, More than $5% of those eligible to participate in the Democratic primary in Distriet 12 in 
the 1997 plan are African-Americans. 

93. More than 50% of those eligible to participate in the Democratic primary in District 1 in 
the 1997 plan are Afiican-Americans. 

96. According to the verbatim transcript of floor debate on HB 586 (Committee Substitute) 
Congressional Redistricting Bill Senate Chamber, dated March 27, 1999, Senator Cooper 
stated: “[W1hen the Court struck the 12° District it was because the 12* District was a 
majority Minority and it said that you cannot use race as the predominate factor in 
drawing districts. Well, guess what! The 12* District, under this plan, is not Majority 
Minerity. Therefore it is my opmion and the opinion of many lawyers that the test 
outlined in Shaw v. Huitt will not even be triggered because it is not a Majority Minority 
district and you won't even look at the shape of the district in considering whether it is 
constitutional.” [97C-28F-4F(2) at 5-6] 

97. According to the House Floor transcript of March 26, 1997, Representative McMahan 
stated that one of the three reasons why he believed that District 12 would stand 8 Court 
test was that it was: “(not a Majority Minority District now so shape does not create - 
that was the basis the Court used to say this was unconstitutional not an argument now.” 
[97C-28F-4F(1) at 2] 

98. Representative McMahan, in describing District 12, told his colleagues in the House of 
Representatives that: “As far as District 12 - | believe, agsin, that Congressman Mel Wan 
is very comfortable and anyone else that might choose as a minority to run in that distirct 
should be very, very comfortable - when there is 46.5% of the people in that District are 
alo minorities - that they could win.” N.C. Section 5 Submission 1997 Congressional 
Redistricting Plan, Vol. 5, Attachment 97 C-28F(1) at 16. 

99. Representative McMahan informed the House floor as follows; “I am confident that we 
have done our best - our dead level best - 10 draw two districts that are fair racially and do 
have one of them the majority of the population and other cne ever 46%, and that’s the 
very best we could do on both sides, and we looked at this very, very clossly - obviously - 
and the very best we could do and yet create Districts that we felt would be acceptable to 
the Department of Justice and to the Court.” N.C. Section 5 Submission 1997 
Congressional Redistricting Plan, Vol. §. Attachment 97C - 28R(1) at 23. 

 



    
NC AG SPECIAL LIT Fax:9197166763 Nov 22 "99 8:46 P.16 

EVERETT GASKINS/DURHAM ig @e2-s0e0 Nov @ No .002 P.11 

100. “Dispersion compactness” measures the geographic dispersion of a district. To calculate 
this a circle is circumscribed around a district. The reported coefficient is the proportion 
of the area of the circumscribed circle which is also included in the district. This measure 
ranges from 1.0 (most compact) to 0.0 (least compagt), 

101. “Permeter compactness” is based upan the calculation of the district’s perimeter. The 
reported coefficient is the proportion of the erea in the district relative to a circle with the 
same perimeter. This measure ranges from 1.0 (most compact) to 0.0 (least compact). 

102. The average dispersion compactness indicator for all districts in the 1997 plan is 0.354, 
and the average perimeter compactness indicator is 0.192, 

103. The Twelfth District under the 1997 plan has & dispersion indicator 0f 0.109 and a 
perimeter compactness indicator of 0.041. These indicators are the lowest among the 
North Carolina districts. 

104. The First District under the 1997 plan has a dispersion compactness indicator of 0.317 and 
a perimeter compactness mdicaror of 0.107. The perimeter compactness indicator for the 
First District is the second lowest among the North Carolina districts. 

105. Ifthe 1992 districts in other states hed remained unchanged, District 12 in the 1997 Plan 
would rank as the 430® least compact district on the dispersion measure and it would rank 
423 oo the perimeter measure. Because of the changes to other congressional districts as 
a result of Shaw type litigation, District 12 in the 1997 plan now would rank 430 or 431 
according to the dispersion measure and 432 or 433 according to the perimeter measure. 

106. Statewide, more than 50 precincts to be used in the 2000 cycle of elections will be split if 
the 1997 plan 1s used for that election ¢ycle. : 

107. The following precincts slated to be used for the 2000 primary elections will be split 
between two different congressional districts, if the 1997 plan is used: Beaufort County: 
1* and 4® Wards in Washington City; 

108. The following precincts slated to be used for the 2000 primary elections will be split 
between two different congressional districts, if the 1997 plan is used: Craven County: 2 
3%, 4%, and 5® Wards in New Bern and Trent Woods; Craven (from the map: Glenburnie 
Park, HI McDonalds, West New Bern, Trent Woods. George Street, Vanoeboro); 

109. The following precincts slated to be used for the 2000 primary elections will be split 
between two different congressional districts, if the 1997 plan is used: Davidson County: 
(from the map, Thomasville 2, Welcome, North Davidson, Reedy Creek, Midway, Ward 
4, Ward 6, Ward 1, Lexington 4, Boone); 

 



NC AG SPECIAL LIT Fax:9197166763 Noy 22.799 8:47 P.17 

EVERETT GASKINS/DURHAM i@®seesee Nov 9 @ No .002 P.12 

The following precincts slated to be used for the 2000 primary elections will be split 
between two different congressional districts, if the 1997 plan is used: Forsyth County: 

206, 033, 081, 083, 305, 082, 063, 013, 507, 043, $08, 042, 902, Precinct 506 at 
Covenant Presbyterian Chureh; 

The following precincts slated to be used for the 2000 primary elections will be spht 
between two different congressional districts, if the 1997 plan is used: Guilford County: 
High Point 19, Greensboro 24C,; 

The following precincts slated to be used for the 2000 primary elections will be split 
between two differetit congressional districts, if the 1997 plan is used: Iredell Couaty: 
from?, Davidson #1, Coddle Creek #2, and Statesville #1;(from map: Coddle Creek #2, 
Fallstown, Statesville 2, 3,4 6, 

The following precincts slated to be used for the 2000 primary elections will be split 
between two different congressional districts, if the 1997 plan ig used: Lenoir: Moseley 
Hall, Institute, Falling Creek; 

The following precincts slated to be used for the 2000 primary elections will be split 
between two different congressional districts, if the 1997 plan is used: Mecklenburg 
County: Charlotte 58, 

The following precincts slated ta be used for the 2000 primary elections will be split 
between two different congressional districts, if the 1997 plan is used: Person County. 
Roxboro 1, Roxboro 1 A, and Flat River, 

The following precincts slated to be used for the 2000 primary elections will be split 
between two different congressional districts, if the 1997 plan is used: Pitt County: (from 
map Precincts 2.00A, 1.01, 15.12A, 15.04)(from election results, Greenville 12 and 

Ayden), 

The following precincts slated to be used for the 2000 primary elections will be eplit 
between two different congressional districts, if the 1997 plan is used: Rowan County: 
(from registrar, East Spencer and South Ward) (from the map; Mount Ulla and Spencer 
and Steele) - 

The following precincts slated to be used for the 2000 primary elections will be split 
between two different congressional districts, if the 1997 plan is used: Washington: 
Skinnersville: 

The following precincts slated to be used for the 2000 primary elections will be split 
between two different congressional districts, if the 1997 plan is used: Wayne: Precincts 1, 
2, 6,10, 11, 12, 15,17, 19, 21, 22 [sources: 1998 primary election returns for Districts 1 
and 12, reflecting votes in two districts for each precinct, maps of 1999 precincts with 
19067 external boundary superimposed]  



NC AG SPECIAL LIT Fax:9197166763 Nov 22 ’SS 8:48 P.18 

EVERETT GASKINS/DURHAM @@e Nov 9 @ No.002 P.13 

Based on April 8, 1998 voter registration dats, of the 1263 registered voters in East 
Spencer Precinct #18 in Rowan County, five of them were registered in the 6® 
Congressional District and all the rast were in the 12% Congressional District under the 
1997 Congressional District plan. 

Based on April 8, 1998 voter registration data, of the 2111 registered voters in Salisbury 
South Ward Preginet #36 in Rowan County, six of them were registered in the 6® 
Congressional District and all the rest were in the 12® Congressional District under the 
1997 Congressional District plan. 

The names of voters in each precinct who cast & ballot are a public record in North 
Carolina. 

Mecklenburg County contains 93% of the ideal population for a North Carolina 
congressional district as required in order for the State to comply with one-person, one- 
vote requirements of the Fourteenth Amendment. 

Under the redistricting plan enacted by the General Assembly in 1998, the first district is 
the same as it was in the 1997 plan. The Twelfth District under that plan was changed by 
the removal of Guilford County, the inclusion of all of Rowan County, as well 33 other 
changes. As a result of these changes, the percentage of African-Americans in the Twelfth 
District has been reduced from 47% 10 35%. 

The incumbent congressmen elected under the 1998 plan and their current voting 
residences in 1999 are: District One, Eva Clayton, River Precinct, Warren County; 
District Two, Bob Ethridge, Lillington Precinct, Harnett County; District Three, Walter 
Jones, Farmville West Precinct, Pitt County, District Four, David Price, Weaver Dairy 
Precinct, Orange County; District 5, Richard Burr, Whitaker Elementary School Precinct, 
Forsyth County; District 6, J. Howard Coble, Greesnboro 43 Precinct, Guilford County; 
District 7, Mike McIntyre, Lumberton #8 Precinct, Robeson County; District 8, Robin 
Hayes, Cabertus County: District 9, Sue Myrick, Precinct 140, Mecklenburg County; 
District 10, Thomas “Cass” Ballenger, Viewmont #1 Precinct, Catawba County: District 
11, Charles Taylor, Transylvania County; District 12, Mel Watt, Charlotte Precinct 11, 
Mecklenburg County. ; 

ELECTION RESULTS: Congressman Watt was re-elected in District 12 under the 1998 
Plan with 55.9% percent of the vote, with 82,305 votes to 62,070 for Republican “Scott” 
Keadle and 2713 for Libertarian Michael Smith, 

Congressman Clayton was re-elected in District 1 in the 1998 Plan with 62.2% of the 
vote, 

Congressman Clayton defeated State Representative Linwood Mercer, a white candidate, 
in the 1098 Democratic primary election with 63.99% of the vote.  



  

   
NC AG SPECIAL LIT Fax:91397166763 Nov: 22 "99 8:48 P.19 

EVERETT GASKINS/DURHAM ogy esos Nov 9 @- No .002 P.14 

129. In her first campaign in 1992 for the Democratic nomination in the First Congressional 
District. Mrs. Eva Clayton targeted black voters by direct mail, and conducted drives to 
get out the voté over black radio. [Clayton thesis p.172] 

130. No racial appeals were used against Ms. Clayton in the 1992 Democrat primary. [Id., 
: p.193] 

131. In 1982, candidate “Mickey” Michaux received 46.35% of the second primary vote in the 
2™ Congressional District. 28.19% of the registered voters itt the district at that time were 
African-Americans.. 

132. In 1984, black candidate Kenneth Spaulding received 47.88% of the second primary vote 
in the 2™ Congressional District. 37.2% of the registered voters in the district at that time 
were black. 

133. Inthe 1997 plan, the boundary of Congressionai District 12 in Guilford County does not 
substantially correspond to the boundary lines of state house or senate districts in the 
county. 

 



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