Gingles v. Edmisten and Pugh v. Hunt Pretrial Order

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

RALEIGH DIVISION

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No.81-803-Civ-5

No. 81-1056-Civ-5

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Page

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66
7L
73

MLPH GINGLES, et al. ,

Plaintiffs
v.

RUFUS L. EDMISTEN, et a1.,

Defendants

AI.AN V. PUGH,

v.

JAMES B. I{UNT,

et al. ,

JR., et al.,
Defendants.

PRETRIAL ORDER

Table of Contents

I. Stipulations

A. Jurisdictional
B. Legisfative Chronology
C. Other Stipulations of Fact

1
2
8

I1. Contentions

A. Ginsles plaintiffs
B. ffiTarnurr-r-s

IC. Defendants

III. List of nxhitits
:

A. Gingles plaintiffs
B. Pugh plaintiffs
C. Defendants

IV. Li.st of Witnesses

A. Ginsles plaintiffs
B. PffiEraincir-f s
C. Defendants

',,:'.

- tY'i

I

I

it
-1-!



V. Designation of Pleadings

A. Ginqles plaintiffs
B. Puqh plaintiffs
C. Defendants

Length of Trial and Signatures

76
77
79

80

LL.



I. Stipulations

The parties to,Gingles v. EdmisteP and
the following stipulaElon for use :.n tnese

A. Jurisdictional Stipulations (I-5)

Puqh v. Hunt enter into
act ions.

has been properly certified as a class
residents of North Carolina who are

resident of Gaston CountY,

resident of Cumberland
to vote.

resident of Halifax Countyr

resident of Edgecombe
to vote.

B. Legislative Chronology ,7-48 with Exhibi ts A-II and AAA-RRR)

C. Other Stipulations of Fact ( 49-I93 with Exh ibi t's JJ-SS )

A. Jurisdictional StiPulations

1. The Court has jurisdiction over the subject matter of
t,hese two actions pursuant to 28 U.S.C. SSI331 and 1343(a)(3) and
(a) (a).

2. A three judge court is properly convened pursuant to 28

U.S.C. S2284(a).

3. The court has jurisdiction over all parties to the actions.

3A. The evidence presented by the plaintiffs and defendants in
Ginqles v. Edr and Pugh v. Hunt. is to be considered as evidence
in both cases.

4. Gingles v.,Edmigten
action on behalf of all black
registered to vot.e.

5A. Ralph Gingles is an adult black
North Carolina and is registered to vote.

B. SipPio Burton is an adult black
County, North Carolina and is registered

C. Joe P. t'toodY is an adult black
North Carolina and is registered to vote.

D. Fred Belfield is an adult black
County, North Carolina and is registered



6A. AIan V. Pugh is an adult white resident of Randolph
County and is registered to vote and is affl-iated
with the Republican party and was an unsuccessful
cand.idate for the North Carolina Senate in a multi-
member district in j.9B2-

68. Gregory T. Griffin, is an adult white resident of
Sampson County and is registered to vote and is
affliated with the Republican party.

6C. Maron McCullough, is an adult black resident ofv' Iredell County-and is registered to vote and
affliated with the Republican party.

iO. Paul B. Eagtin is an adult black resident of
Cumberland County and is registered to vote and
affliated with the Republican party.

68. Ethel R. Trotter is an adult resident of Moore County
and is regisLered to vote and affliated wrth the
rRepublican party,

5P. Gilbert Lee Boger is an adult white resident of
Davie County, is registered to vote and affliated
with the Republican party and an unsuccessful
candidate for the 1982 General Assembly.

6G. David. D. Almond, Jr. is an adult white resident of
Stanley County is registered and affliated with
the Republican party.

6H. Ray Warren is an adult resident of Durham County,
is registered to vote ancr is affl-iat,ed with Lhe
Republican party

dr. Joe B. Roberts is an adul-t black resident of
Mecklenburg County is registered to vote and is
affliated with the Republican party.

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B. Legislative Chronologv

7. The 19Bl General Assembly, pursuant to N.C.G.S. 120-11.1,
convened on Wednesday, January 14, 1981.

8. On Janua=y 16, 1981, the Speaker of the North Carolina
House of Representatives, the Honorable Liston B. Ramsey, pursuant
to Ru1es 26 and 27 of the Rules of the I98I House of Representsa-
tives, Gene=al Assembly of No=th Carolina, appointed the following
members of the Legislative Redistricting Committee: Representa-
tives Jones and LilIey, Chairmen; Representatives Bundy and I'lesser,
Vice Chairmen; Representatives AImond, Barnes, Beam, Bluer Bone,
Brennan, Chapin, Church, D. Clark, Craven, Creecy, Diamont, Enloe,
Bob Ethe=idge, Evans, GiIlam, Grady, Guy, Hackneyr Hege, Hiatt,
Hightower, Holmes, J. Hunt, R. Hunter, T. HunterT Lacey, McAIister,
Morgan, Nash, Nesbitt, Nye, Quinn, Rabon, Redding, Rhodes, Spaulding,
and Taylor.

9. Representatives Blue, Creecy and Spaulding $rere the only
black members of the House during the 1981 General Assembly.

I0. On.January 19, 198I, the President of the N6rth Carolina
Senate, the Honorable James C. Greenr pursuant to Rules 3I and 32 of
the Rules of the 1981 Senate, General Assembly of North Carolina,
appointed t.he following members of the Committee on Redistricting
Senate: Senators Rauch, Chai=man; Duncan, Allsbrook, Vice-Chai-nen;
A11red, Ballenger, Barnes, Boger, Cavanagh, CIarke, Creech, Garrison,
Gray, Hardison, Harrington, Kincaid, Lawing, lnills, Nob1e, Palmer,
Raynor, Royall, Solesr Speed, Thomas of Craven, Thomas of Henderson,
walker, Warrenr and wright. The members of the Committee on
Redistricting Senate, appointed on January 19, 1981, were aI1
wh ite .

11. On July 2, 1981, Chapter 17L of the 198I Session Laws
(Regular Sessions, 1981), Atl ACT TO PROVIDE FOR THE SEVERABI.LITY OF

PROVISIONS OF REDISTRICTING ACTS OF THE GENERAL ASSEMBLY, WAS

ratified in the General AssembIy. (Exhibit A).

L2. On July 3, .1981, Chapter 800 (House BiIl 415) of the 1981
Session Laws (Regular.Sessions, I981), which redistricted the House
of Representatives, vras ratified in the General AssembIy. (Exhibit
B). The Legislative Services Office prepared a map indicating
districts of and computer statistics analyzing the districts created
by that Chapter (Exhibit C, D, respectively).

13. on July 3,1981, Chapter 82I (Senate Bitl 313) of the 198I
Session Laws (Regular Sessions, 1981) which redistricted the Senate
vras ratif ied in the General Assembly. (Attachment E). The
Legislative Se:rrices Office prepared a map indicating and computer
statistics analyzing the districts created by that Chapter. (Exhibits
F, G respectively).

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14. On September 15, 1981 Gingles v. Edmisten, 81-803-CIV-5,
was fited alleglng, inter alia t@nts of the North
Carolina House of Representatives and Senate violated the one person
one vote reguirement of the equal protection clause, iIlegally and
unconstitutionally diluted the voting strength of black citizens,
and that Article II, S53(3) and 5(3) of the North Carolina Constitution
vrere being enforced without having been pre-cleared pursuant to 55
of the Voting Rights Act.

15. On September 23, 1981, North Carolina made its initial
submission of Article II, 53(3) and 55(3) of the North Carolina
Constitution to the United States Department of Justice pursuant to
55 of the Voting Rights Act. This submission was completed on
October 1, 1981.

15. On October 10, I98I, the President Pro Tempore of
the Senate appointed Senator Frye of Guilford County to the
Committee on Redistricting Senate in response to a request by
Senator Gray of Guilford County that she be removed frorn the
Commi ttee.

17. Senatsor Frye was the only black member of the Senate
during the I98] Gene=al Assemb1y.

18. On October 29,1983, the General Assembly met again to
consider redistricting pursuant to Resolutions 65 and 80 of the 198]
Session Laws (Regular Sessions, 1981). (Exhibits H, I).

19. On Octobe= 30, 198L, Chapter II30 (House Bill L428) of the
1981 Session Laws (Regu1ar Sessions, I98I), Ali ACT TO APPORTION THE
DISTRICTS OF THE NORTH CAROLINA HOUSE OF REPRESENTATIVES, was
ratified in the General Assembly (Exhibit J). The Legislative
Services Office prepared a map indicating and computer statistics
analyzing the districts created by that Chapter. (Exhibits K, L
respectively). The General Assembly did not enact a new apportion-
ment of the senate.

20. The Legislative Services Office did not systematically
analyze proposed reapportionment plans using race as a factor until
after the October, 198I legislative sessions.

2!, On November 25, 1981, Pugh v. Hunt,81-1056-CIV-5 lsas
filed in the Superior Court for lredelle County, North Carolina.
It was subseguently removed to this Court. It alleged, inter alia
that the apportionments of the North Carolina House of nepreseifives
and the North Carolina Senate violate the Fourteenth Amendment of
the United States Constitution.

22. By letter of November 30, 198I, the United States Attorney
General interposed objection pursuant to 55 of the Voting Rights Act
to two amendments to the Constitution of No=th Caro1ina, Article II,
S3(3) and 55(3). (Exhibit M).

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23. By letter of December 7, 1981, the United States Attorney
Gene=a1 interposed an objection pursuant to 55 of the Voting Rights
Act to chaptei 894 (s.B.87,) and chapter 82I (s.8. 313), North
Carolinars reapportiomnent plans for the State Senate and the United
States Cong:ess. (Exhibit N).

24. The Legislative Services Office, in analyzing plans
proposed or adopted after December, 1981, used the population
statistics indicated ir Exhibit N-1.

25, By letter of January 20, !982 | the United States Attorney
General interposed an objection pursuant to 55 of. the Voting Rights
Act to Chaptei 1130 (H.B. L428,), North Carolina's reapportionment
plan fot the State House of Representatives. (Exhibit 0).

25. On January 28, L982, the Senate Committee on Redistricting
Senate and the House neaistricting Subcommittee met to be briefed by
the State's retained counsel. At a joint meeting the Senate Committee
and the House Subcommittee adopted the redistricting criteria in
Exhibit O-I. On February 2, the.full House Committee on Legislative
Redistricting adopted the amended redistricting criteria contained
in Exhibit 0-2.

27 . On February 3, 1982, Representative Joe Hege presented to
the House Committee on Legislative Redistricting a map illustrating
the Republican House single-member redistricting pIan, attached as
the final document in the minutes and transcripts of the House
Legislative Redistricting Committee, entitled "House Leg_islative-
Re6istrictinq, February session--l982" (exhibiffi

The plan contained aIl single member house districts of conti-
guous teriitory and had, according to statistics supplied by t'1r.
nege, a population deviat.ion of less than plus or minus 5t. The
apportionment included majority black single member districts in
uelXfenburg, Forsyth, Guilford, Cumberland, waker Durham, and
Northeast North Carolina.

28. On February 4 , L982, the Congressional redistricting
committees of the House and Senate, the Senate Committee on
Redistricting--Senate and the House Committee on Legislative Redis-
tricting held a joint public hearing in the State Legislative
Building in RaIeigh. Notices of the hearing were published in the
Asheville Citizen and Asheville Times, Durham I'lorning Herald, the
nafe-iFllews a nElobse rve i, aniltil. cluiF" oEE@,-En January
ffirfffi t, z, 3,-and q, L982 | with the exception of the
Ashevilte Citizen and Asheville Times, which did not publish on
ffi@l|Iffi saiilT6Ti6il ffiTs entirety, is reflected by
Exhibit P. In addition, those groups listed in Exhibits Q and Q-l
vrere provided with press releases and supporting information in the
manne-r indicated. (nxnibits Q, O-1). A transcript of this public
hearing is attached as Exhibit AAA.

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29 . On February 4 , 1982, at the public hearing, the North
Carolina BIack Lawyers Association submitteci a proposed apportion-
ment of the North Carolina Senate which cont.ained three majority
bl,ack single-member districts. Each of the single-member districts
in the apportionment plan contained contiguous territory and had a
population deviation of less than plus or minus 5t. The statistics
used to produce this plan vrere obtained from the 1980 census and are
accurate. This apportionment included a Senate district wholly
within Mecklenburg County which is 62.32 black and a Senate district
in northeast North Carolina which is 60.7S black.

30. At the public hearing on Februa:y 4, 1982 the North
Carolina B1ack Lawyers Association presented a proposed apportion-
ment of the North Carolina House of Representatives which contained
ten majority black single-member districts. This map inclu<led a
single-member district wholly within Wake County which is 67\ b1ack,
a single-member district wholly within Durham County which is 71.9t
black, a single-member district wholly within Forsyth County which
81.58 black, a single-member district in Mecklenburg County which is
59.9t black, and an additional single-member district in t"lecklenburg
County which is 55.88 b1ack. The single-member districts in this
plan all contain contiguous territory, have Jess than plus or minus
5t population devj.ation and are statistically accurate based on the
1980 census.

31. The House and Senate proposals of the North Carolina
Black Lawyers Association are attached as the final two docu-
ments in the riN. C. General Assembly Extra Session 1982,
Redistricting scripts,
and Attachments" (Exhibit AAA).

32. On February 9 , L982, the North Carolina General Assembly
convened in an extra session for the purpose of enacting new appor-
tionment plans for the State House of Representatives, State Senate,
and United States Congress pursuant to a proclamation of the Governor.(Exhibit Q-2).

33. On February 11, 1982, Chapter 4 (House BiIl 1) of the
Session Laws of the First Extra Session L982, which again redistricted
the House of Representatives was ratified in the General Assembly.
(Exhibit R). The Legislative Services Office prepared a map and
computer statistics analyzing the districts created by this Chapter.
(Exhibits S, T respectively).

34. On February II, L982, Chapter 5 (Senate Bill l) of the
Session Laws of the First Extra Session, L982, which again
redistricted the Senate was ratified in the General Assembly on
February 11, 1982. (Exhibit U). The Legislative Services Office
prepared a map indicating and computer sEatistics analyzing the
districts created by this Chapter. (Exhibits V, w respectively).

35. In addition, by Chapter 7 of the Session Laws of the First
Extra Session, the General Assembly enacted a new apportionment of

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North Carolina's Congressional districts. This plan was
p=e-cleared by the United States Attorney Generalr aod by Order
dated April 27, L982, the claims in Gingles v. Edmisten, regarding
the Congressional plans were voluntarily dismissed.

35. In addition to enacting its State legislative redistrict-
ing p1ans, the General Assembly ratified on February 1I, L982,
Chapter 3 of the Session Laws of the First Extra Session, 1982
providing, among other matters, for alternative dates for llorth
Carolina's filing period and primaries. (Exhibit x).

31. By letter of April 19 , L982, the United States Attorney
Gene=aI interposed an objection to the House and Senate Redistricting
Plans, Chapters 4 and 5 of the Session Laws of the First Extra
Session, L982, and deferred consideration of Chapter 3. (Exhibit
Y). On April 26, L982, the General Assembly reconvened for the
Second Extra Session.

38. On April 26, L982, Representative Joe Hege filed House
Bill 7 which would create a single-member redistricting plan for the
House. The bill was drawn by the Legislative Services Office's BilI
Drafting Division using a computer print-out furnished by Represen-
tative Hege (Exhibit Y-1, Y-2, respectively). House Bill 7 received
its first reading on April 27 , L982, and was referred to the House
Committee on Legislative Redistricting.

39. On April 27, L982, Senator Ballenger offered to the
Committee on Redistricting Senate a map with accompanying
statistics outlining a single-member Senate district plan and by
substitute motion, moved its adoption. That motion was tabled.
(Exhibits Y-3 , Y-2).

40. On April 27, L982, Senators Ballenger and Wright filed
Senate BilI 2 which would create a single-member redistricting plan
for the Senate. As the General Assembly adjourned that day the bill
never received its first reading. The biII was prepared by the
Legislative Services Office's Bill Drafting Division frqn a computer
print-out furnished by Senator BalIenger (Exhibits Y-3, Y-2, respectively)

4I. The plans referred to in Paragraphs 32,33 and 34 a]I
contain contiguous territory, have less than plus or minus 5t popu-
lation deviation and are statistically accurate.

42. Chapter 1 (House BiIl 1) of the Session Laws of the Second
Extra Session, L982, which redrew House Districts 17 and 18, was
ratified in the General Assembly on April 27, 1982. (Exhibit z).
The Legislative Services Office produced a map indicating and
comput.er statistics analyzing the new plan. (Exhibits AA, and BB).

43. Chapter 2 (Senate Bill I) of the Session Laws of the
Second Extra Session, L982, which redrew Senate Districts 1, 2,3,
6, 9, 10, and 1I, vras ratified in the General Assembly on April 27,
L982. (Exhibit CC). The Legislative Services Office produced a map
indicating and computer statistics analyzing the new plan. (Exhibits
DD, EE respectively).

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44. On April 27, 1982, Chapter 3 (House BilI 2) of the Session
Laws of the Second Extra Session, L982, which provided, arnong other
matters, for alt.ernative dates for North Carolina's filing period
and primaries. (Exhibit FF).

45. By letter of April 30, L982, the United States Attorney
General indicated that he would not interpose an objection to
Chapters I and 2 of the Session Laws of the Second Extra Session,
1.982, (the amended House and Senate redistricting plans) but
interposed an objection to the candidate filing period and primary
election date contained in Chapter 3 of said Session Laws. (Exhibit
GG. ) The State of North Carolina, through the North Carolina State
Board of Elections, responded to the objection of the United States
At.torney General on t'1ay 6, I982, by revising t.he I982 primar:y
election timetable for the State of North Carolina, providing int.er
alia, that the date of the primary elections for 1982 be changed
Erom June 10, L982, to June 29, 1-982, as is exhibited by the letter
and attachments to llr. WilIiam Bradford Reynolds from I"1r. Alex K.
Brock of the State Board of Elections. (Exhibit HH).

46. By lett.er of May 20, 1982, the Of f ice of the Attorney
General indicated it would not interpose an objection to the revised
1982 primary election timetable for L982 as amended by the State
Board of Elections. (Attachment II).

47 . In accordance with t.he'revised timetable and with Chapte=s
2 and 3 of the Sessions Laws of the Second Extra Session, Primary
and General Elections vrere held for the North Carolina GeneraL Assembly
in 1982.

48. Exhibits Aaa-UUU are accurate copies of the Journals of
the North Carolina House of Representatives of the North Carolina
Senate, the minutes of the House and Senate Redistricting Committees
and of the transcripts of committee meetings and floor debates
relating to redistricting. The transcripts are accurate transcrip-
tions of those portions of the meetings which they proport to
transcribe.

AAA - NC General Assembly - Extra Session Lg82 - Redistricting
Public Hearings of February 4, L982 - I'linutes, Transcripts
and Attachments

BBB - NC GeneraL Assembly - First Extra Session I9B2 - House and
Senate Journals

CCC - 1981 Senate Redistricting Munutes of Senate Redistricting
Committee Meetings and Other Supplementary Materials

DDD - NC Senate Legislative Redistricting First Extra Session
L982 ( February ) Senator l"larshaII A. Rauch, Chai::rnan

EEE - Verbatim Transcript of the Senate of the General Assembly
of the State of NC - Second Extra Session, April L982

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Amended



PFF - 198] General AssembIy, Regular Sessions I9B1 Senate
Legislative Redist.ricting Committee l"leeting Transcripts

GGG - I981 Senate Redistricting October Special Session -
tlinutes and Supplementary Related Materials

HHH - NC General Assembly - (Second Ext,:a Session 1982)
BiIls, Amendments, RoII Cal1s, and Maps

III - Journal of the Senate of the General Assembly of the
State of NC - Second Extra Session 1982

JJJ - NC General Assembly 1982 First Extra Session - Transcript
of Senate Proceedings February 9-10-II, L982 Floor
Deba te

KKK - NC General Assembly - First Extra Session L982 (l'ebruary)
Summary of Proceedi:rgs with SupplemenLary Materials (Senate)

LLL - House Legislative Redistricting, February Session - 1982

Ml'lM - NC House of Representatives 1981 - Legislative Reapportion-
ment History and Information

NNN - NC House Reapportionment - October 198I: Legislative
HisEory for HB-IA28

OOO - House Legislative Redistricting - April Session - L982

PPP - NC General Assembly - First Extra Session 1982 HB-l
(Session Laws Chapter 4): Bill DrafLs, Amendments Offered,
and Rol1 CaIIs

QQO - NC General Assembly (Second Extra Session 1982) - House
Journal

RRR - I98I General Assembly, Regular Sessions 1981 - House
Legislat.ive Redistricting Committee Meeting Transcripts

SSS - VoLume 1 t'linutes - House Legislative Redistricting
Committee - February 2, L982

Volume 2 Minutes - House Legislative Redist::icting
Committee - February 3, 1982

TTT - North Carolina General Assembly Second Extra Session - I982
Senate Legislative Redistricting Committee
Meet. ings - I'{i nutes and TranscripCs

UUU - NC General Assembly (Second Extra Session 1982) - House
Legislative Redistricting CommiEtee - Meeting Transcripts
(Apri1, 1982 )

-8-
Amended



C. Other St.ipulati,ons of Fac-t

49. The vote abstracts, voter turnout figures, and voter
registration figures used by Bernard Grofman and Thomas Hofeller
as t.he basis of their analyses of or testimony about voting patterns
are accurate and genuine. Any party or witness may refer to the
lnformation indicated in these documents during the course of the
trial of, these actions without further foundation.

50. The following is an accurate list of the black candidates
who tiled to run in the indicated elections. All candidates were
Democrats unless othemise indicated. This is not a corplete list
of all elections in which there rere black candidates.

lgo to next page)

-8A-
Amended

(a



A. Mecklenburg Countv

1978 Senate - Fred Alexander
1980 Senate - Fred Alexander
1980 House - Bertha t'laxwell
L982 Senate - James PoIk
1982 House PhiI Berry

James Richardson

B. Durham Countv

1978 Senate - Alexander earnes (Rep)
1978 House - Howard Clement

Kenneth Spaulding
1980 House Kenneth Spaulding
1982 House - Howard Clement

Kenneth Spaulding

C. Forsvth Countv

1978 House Harold KennedY
Joseph Norme
C. C. Ross

1980 Senate - Moses Smal}
1980 House - Annie KennedY

Joseph No:man
Rodney Sumter

L982 House, 39th District - C. B. Houser
Annie Kennedy

. 1981 Winston-Salem - Winston-Salem City Council - Southeast l,lard
Larry Womble

D. Wake Countv

1978 House Dan BIue
1978 Sheriff - John Baker
1980 House Dan BIue
L982 House Dan Blue
1982 Sheriff - John Baker

E. Nash Countv

L982 Congress - MickeY l'lichaux
t982 N.C. House - Otis Carter
L982 county commission - Quentin summer

Wilson Countv

L982 Congress - MickeY l"lichaux
L982 N.C. House Otis Carter
L975 County Commission - Grover L. Jones

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Edgecombe Countv

L982 Congress
1982 N.C. House
1982 County Commission

- tlickey I"lichaux
Otis Carter
Naomi Green
Earl l,lcCIa in
J. O. Thorne

5I. The General Assembly divided counties in the apportion-
ment of the House of Representatives and of the senate only
when necessary to bring population deviation unoer plus or minus
58 or when necessary to obtain preclearance frqn the United States
Department of Justice pursuant to 55 of the Voting Rights Act of
1965, as amended.

52. From 1775 through 1981, no county vras divided in the
formation of either House or Senate districts with the exception
of six and then seven borough towns which were additional House
districts frcm L776 unti] 1835.

52A. In multimember districts there is no subdistrict or
residency requirement which regui:es that at-large candidates
res ide in part icul.ar geographic subdistricts.

53. From 1835 through 1981 all North Carolina House and Senate
Districts have been either single or multi-member districts con-
sisting of an entire county of two or more whole counties joined
together.

54. On May 27 , 1983, Representatives John Jordan and Chris
Barker introduced House Joint Resolution BiII 1146 in the North
Carolina General Assemb1y. That resolution authorized the Legislative
Research Commission to study the feasibility of redistricting in
1990 so as to have single-member districts. It charged the
Commission to produce a map redistricting the Senate and House into
single-member districts and to report to the 1985 General Assembly.
It was referred to the House Committee on Rules and reeeived an
unfavorable report. on June 3, 1983.

55. In February and Apri1, L982 the General Assembly was avrare
that multi-member districts in t'lecklenburg, Forsyth, Durham, Wake,
Wilson, Edgecombe and Nash Counties would be maintained if these
counties $rere not divided.

55. For statistics which use white and non-white, non-white is
938 black in North Carolina.

57. The percentage of the population and of the registered
voters in the following House and Senate districts is as indicated:

House District
and Number

Percentage of popu- l
lation that is BLackr

Percent of Registered
Voters that is Black

Mecklenburg (#35 )

Forsyth ( #39 )
Durham (#23)
Wake ( #21)
WiI son-Edgecombe-
Nash ( *8 )

26.5
25.1. 36.3
2I.8

39.5

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]8. o3
20.8:
28.5:
15.1-

29.52



Senate Districts
Perce ntage
Ia t ion that

of popU- t
IS BIACK'

Percent of Registered
Voters that is Black

Mecklenburg-
Cabarrus (*22)
Northeast North
Carolina ( #2 )

Count

Mecklenburg
Forsyth
Durham
Wake
Wilson
Edgecombe
Nash
Halifax
Northampton
Hert ford
Gates
t'lart in
Bert ie
Was h irgton
Chowan

Percent of Voting Age
Popula t ig l_l?q i 

2 
te red

to vote 1970"
te

r5.82
A45.2'

Percent of Voting Age
Population Registered
to vote 1980"

24.3

5s.1

From Legislative Services offibe, derived from 1980
Census.

2. Frqn October 4, 1982 State Board of Elect,ions Registra-
tion Statistics Part II.
October 4, 1982 Forsyth registration minus registration
for Belews Creek, Salem Chapel #1 and Salem Chapel *2
precincts.

Octobe= 4, L982 registration for whole counties from
State Board of ELections Registration Statistics Part
II; township registration october 4, 1982 from
Washington, I'lartin, Halifax, and Edgecombe Boards of
E1ect ions

58. A lower percentage of the black population than of the
white population is .registered to vote in Mecklenburg, Forsyth,
Durham, Wake, Wilson, Edgecombe, Nash, HaIifax, Northampton, Hertford,
Gates , I'la=t in, Bert ie, Washingtoh and Chowan Count ies. Speci f icaI ly ,
the percentage of the black and white voting age population which is
registered to vote in each of these counties is as follows:

I.

3.

4.

56.3
73.0
72.0
63.7
66 .2
75.4
48 .2
92 .4

107.8
73.4
79 .3
86.5

LO6 .2
58 .2
77 .3

ack

40.6
73.6
64 .0
37 .2
36 .3
45.0
18.4
41 .9
80.7
64.6
57.5
65.0
98.3
78.1
48.7

Wh ite

68.I
69.7
55.1
68. 3
64 .4
67 .3
58. I
69 .7
74.6
78.9
82.5
73.9
77.0
80.1
72.3

43.8
62.8
43.3
42.3
40.0
40.7
2L.3
48.2
61.5
60.0
17.5
53.3
50.I
54.3
s3.3

-r1-



Number of white/non-white voters as of June 5, 1970
divided by total white/black population 21 years old
or older.

Beginning in the tweJve-month period following the L972
Presidential EIection, county Boards of Elections have
been required to remove frcm peEnanent registration
records the nalnes of all persons who have failed to vote
for a period of four years. Beginning January 2, 1981,
after the 1980 Presidential Election and thereafter
for each subsequent presidential election, county Boards
of Elections are not allowed to remove from registration
records the nane of any person who voted in either one
of the two rnost recent presidential eJections or in any
other election conducted in the period between the two
presidential elections. County Boards of Elections may
also remove the names of any persons who have either
moved their residence from the county or who have died,
as indicated by Certificates of Death received from the
StaLe Department of Human Resources or cancellation notices
received frqn other counties and states as to residency.

Number of white/black registered voters as of April 8,
1980 divided by total white/b1ack population 18 years
old or o1der.

59. The following is the percent of the population, the voting
age population and the registered voters that is black in the indi-
cated counties:

1.

2.

3.

I980

Percent of Popula- Percent of VAP
tion that is Black that is black

Percent of Reg.
voters that is Black

'Mecklenburg
'Forsyth
- Durham
; Wake
. WiIson
t Edgecombe
'Nash
, Halifax

- Northampton
. Hertford
'Gates
'Martin
, Bertie
'Washington
. Chowan

26.5
24 .4
36.3
2L.7
35 .4
50.8
32.9
41 .t
60.7
54.8
52.6
44.5
59.2
43.3
41.5

24.0
22.0
33.6
20.5
32.4
46.1
29 .4
44.0
56.2
sI. r
49 .4
40.6
54 .5
39.1
38.I

15.9
20.3
24.9
13.7
23 .0
34 .6
13. 2
35.2
51.4
44.3
47 .8
33.1
44.2
34 .0
31.2

-12-



60. Exhibit JJ, entitled "Vital statistics of counties in
North CaroliDd, " is a compilation of registration figures for each
county as of February 9t 1982, with estimated percentages of voting
population registered figured for white, non-white, and total voting
age populations by race.

6I. Exhibits KK and LL "Registration Statistics Parts I and
II," is the most recent statewide compilation of voter registration
figures for each county in the state by race and party, reported as
of October 4, 1982.

62. In 1980 there were I,319,054 black people in North
Caro1ina. That is 22.4* of the total population. (Source: 1980
Census).

63. The mean income of households in L979 was as f ol- Iows :

Dif ferenceB Iack Wh ite

North Carolina
Nat ional
Difference

$13,833
s15,805
$ r,973

$2L,162
$24 ,939
$ 3,770

97 ,329 ( 34 .6r )

s9, r33 ( 359 )

64. 44.78 of the households with no vehicles available are
black households. 758 of black households and 939 of white house-
holds have vehicles available.

65. 30.3t of black people in North Carolina live in poverty
compared Lo 10.0t of white people.

66. Non-white households in North Carolina are 23.09 of aII
households but are 42t of aII poverty households. (A poverty
household is one in which the combined household income falls below
100t of the poverty level (adjusted by family size) established by
the United States Office of Managment and Budget. ) Blacks account
for 11.7t of-the United States population but are 32.5t of the
United States population living in poverty.

67. In North Carolina 51t of the single parent households have
a black head of household.

58. Between 1970 and 1980 non-white workers consiste-ntly
had a higher incidence of unemployment than white workers. For each
of these years non-whites were a higher percentage of claimants for
unemployment benefits than the percentage of the workforce which
is non-white.

- I3-



Ye ar
Male non-r.rh i te
C Ia ima nt s1

l'la1e non-wh i!e
in Workforce'

Female non-white
C la ima nt sI

Female non-w!ite
in Workforce-

1970
19 71
L972
\973
197 4
r975
L97 6
L977
t9 78
19 79
r980

21 .0
L5.7
I7 .7
22.8
ts.9
13.5
17 .5
18.0
22.3
r8.1
17 .3

13.3
13 .3
13 .3
1I.0
II.O
II.O
Ir.0
1I.0
11.2
II. 2
rt.2

18.5
17 .8
19 .0
18 .0
I9.0
14 .0
13 .4
L2.5
14 .l
L7 .4
L6.2

8.5
8.5
8.2
8.6
8.6
8.6
8.6
8.5
9.0
9.0
9.0

1. Percent of all claimants which is non-white male,/female.

Percent of aII labor force which is non-white male/female
[t:ote: This is taken f:om the ESC f irst survey week of each
year. J

69. As of June 30, 1980, the percent of North Carolina
permanent full-time employees subject to the State Personnel Act,
excluding universities, that faI1 in each salary range was as
fo1 lows :

Percent of Percent OF
Salary Range White Employees Black Employees

2.

Less than $8r000
$8,000 $8,999
$9,000 s9,999
$1o,ooo sr0,999
$ r1, ooo $r1,999
912,ooo $12,999
s13,000 $14,999
$ 15 ,000 s15 ,999
$17,000 $19,999
$ 2o ,000 $23 ,999
$24 ,000 +

2.06
5 .09
7.88

I2.15
11.21
11.2r
14.59

8.35
L2.02

7 .54
7.88

tledian salaries: White S13,053
Black S10,790

1 .41
L2.40
14.33
20.05
15.82
L0.72
7.88
3.55
4.73
r.93
1.17

A higher percent of black employees than of white
employees is employed at every salary leve1 below
$12,000 and a highe= percent of white employees
than of black employees is employed at every
salary level above S 12 ,000.

- 14-



70. As of December 31, 1980, pellnanent fu11-time North
Carolina State GovernmenE employees covered by the State Personnel
Act, excluding university system personnel, numbered 50,012, 7Bt of
whom were white, 2I* black, and ]t of other ethnic/racial origins.
One half of employees earn below the following amounts annually:

white B lack Other

male
female

13000
120 00

11000
1r000

12000
11000

BIack
6 /30 /77-L2/3t/8t

71. The following chart shows the white and black percentage
of employees of each salary grade classification group for June 30,
1977, and December 31, 1981. These figures include aIl pennanent
full time non-university employees subject to the State Personnel
Act. In the 83-87 category, others (non-white, non-blacks) decreased
in both number and percentage. In the 93+ category there 'rrere 18
employees on June 30, L977, and L2 on December 31, 1981-.

White
salary Grade 6/30/7't-.2/3t/8t
48-52
53-57
58.62
53-67
68-7 2
7 3-77
7 8-82
83-87
88-92
93+

39.1
73 .6
85.9
90 .6
93 .7
95 .5
97 .2
79 .3
83.4

100.0

37.5
65 .9
77 .l
88.3
90.0
93.2
9 4.9
90.0
85.8

10 0.0

Pe rce nt age
Increase

62.L
32,7
21.9
10 .7
9.0
5.9
4.5
7.0
2,7
0.0

Percent Black
L2/ 3L/7 8-6 /30 /80

60.4
25.8
13.s
8.8
5.5
20
2.5
6.'l
0.8
0.0

72. For the period from December 3I, 1978, to June 20, 1980,
black pellnanent fulI-time non-University State Employees subject to
the State Personnel Act showed the following percentage increases in
the following categories as exemplified by the table below:

Officials and Administrators
SkiIIed Craft
Office and ClericaI
Protective Service
Profes s ional
Paraprofes s ional
Service & Maintenance

+14 .5t
+14 .0t
+II.7t
+II.II
+10.0t
+I1.0t
+ 2.3*

5.38 to 6 .2t
8.6t to 108

I2.88 to 14 .58
I7,6t to 19.88
I0.5t to 11.5t
34.0t to 38 .2t
42.9t to 43.99

-'l 
q-

. i'{,r.-E-.,;,..J.;.;::::-::.q'i]::!:1i-j::.:fl:::{I:}:i:rt_i1.'i!iTl-?*l.t-'-let-_-_TTfr:.:.fI,f.:_^.t:ifl:}.-,i:::..*.".r*Ji::



73. Infant mortality rates
non-whites than for whites. For
the infant mortality rate by race

in North Carolina are higher for
the f ive year period f rom l9'76-1980
was as follows:

petal l Neona tal 2 Post Neonatal3

White
Non-wh ite

9.4
r5.9

9.5
15 .8

3.3
7.5

I. The fetal death rate is the number of nonabortion
fetal deaths after 20 weeks gestation per 1000
live births plus fetal deaths.

2. The neonatal death rate is the number of deaths
frcm bi=th to 28 days per 1000 live births.

3. The post neonataL death rate is the number of
deaths from 29 days to I year per 1000 live bi=ths
that attained the age of 29 days. This is a
four year rather than a five year measure

(Source: "tlaternal and Child Care Statistics in North
Carolina over the last Decade, "North Carolina Department
of Human Resources, Spring 1981.)

74. The birth weight and infant death rate by race for the
following North Carolina counties is as indicated below.

1975-L979 Five Year Rate
2

Percefrt Above , NeonatalJ post Neonatal4
ZS9fg- at birth Felal
White Non-W White Non-W White Non-W White Noa:W

Mecklenburg 94 .1 85.5
Forsyth 94.0 87 .2
Durham 94 .4 86.6
Wake 94.1 86.7
Wilson 94 .4 85.2
Edgecombe 93 .5 86.9
Nash 94.8 89.2

7.9
9.0
6,7
9.1
8.8
7.7

r1.0

15.7 9 .0
15.0 9.7
]7.8 7,2
15.s 8.0
22.3 11.4
13.5 1.7
17.8 5.6

19.5
16 .2
14 .5
15 .9
16.3
14 .8
Ig. I

3.0 5.9
2,5 4.6
2.L 6.8
2.8 6.8
3.2 8.8
2.8 6.g
2.8 9. 1

1. It is considered healthy for a baby to weigh more
than 2501 grams at bi=th. 2501 grams is 5.5 1bs.

The fetal death rate includes deaths aft.er 20
weeks of gestation excluding abortions.

z.

-1 6-



3. The neonatal death rate includes deaths frombirth to 28 days.

4. The post-neonatal death rate includes deaths
from 29 days to one year.

(Source: "MaternaL and Child HeaIth Statistics, "North
Carolina Department, of Human Resources, L979.

75. The
than the death
mortality rate

death, rate for noo=wh
rater for whites.z
for 1978 was:

ites in North Carolina is higher
For example, the age-adjusted

White Non-wh ite

male
female

915.9
453.7

1192 . s
52I.8

Deaths per 100,000 population adjusted for age.

North Carolina mortality rates for years during the
decade from 1970 to 1980 are not completely accurate.
Because minorities were undercounted in North
Carolina in the 1970 censusr projections for minority
populations for years between 1970 and 1980 were
based on an inaccurately Iow estimate of the minority
population and resulted in high estimate of the death
rate. For example, death rate figures for 1980 based
on the 1980 census are 1.6t lower for whites and 6.2*
lower for blacks than death rates for 1980 based on
projections frcnr the 1970 census.

76. From 1978 to 1979 the North Carolina deaLh rate
decreased by five percent for non-white females, by four percent
for non-white mal-es, by one percent for white ma1es, and by one
percent for white females.

77. The forlowing tabre shows life expectency in 1973 and L974.

I.
2.

-L7-



Value

Selected Life Table Values, bY
North Carolina, 1973

Tot a1 Male

Age, Color and
and L974

White
Female

Sex:

Non-Wh i te
Male Female

Expectation of
Life:
at Birth

19 73
L97 4

At Age I
1973
L97 4

At Age 25
L973
L97 4

At Age 65
19 73
L97 4

Percent Surviving
from Birth:
To Age I

1973
L97 4

To age 25
19 73
L974

19 73
197 4

Median Age
At Death:

To Age 65

58.90
69.87

69.32
70. ]6

46.64
47.30

13.95
l-4.23

97.97
98.19

95.69
96.21

68.61
70.51

1973 13.52
L974 74.40'

66.58 74.70
67.54 75.44

55.91 74.88
6-l .77 75.40

44.37 5I.67
44.99 52.L4

t2.32 I5.88
12.56 15 .07

98. 19 98.44
98.20 98.7 5

95.49 97.2L
95.99 91 .59

53 . 17 82.0 3
55. 13 83.35

70.35 79.92
71.0 3 80. 34

59.05 67 .56
60.13 69.04

59.85 58.32
50.7 4 69.59

37 .92 45 .4 3
38.48 46.57

II.51 13.95
II.89 14.49

97.04 97.45
97.38 97.79

92.79 95.56
93.14 95.96

44.9 9 65.0s
46. 16 68.45

52.58 12.0I
63.17 73. sl

Note: North Carolina mortality rates for years during the decade
frcm 1970 to 1980 are not completely accurate. Because
minorities were undercounted in North Carolina in the 1970
census, projections for minority populations for years
between 1970 and 1980 were based on an inaccurately low
estimate of the minority population and resulted in high
estimate of the death rate. For example, death rates for
1980 based on projections from the 1970 census.

78. The following percentage of black and white students
failed the North Carolina Competency Test in the faIl of 1980, 1981,
and 1982 (by school distriSt). This chart reflects only the first
time each student took the test; those who failed were given the
opportunity to take the test again later.

- 18-



_ 1980
BrwBwBw

I9 81
BW
Math Math

1982
BWB
Rdg ndg MathRdo Rdq Math Math Rds Rdg

w
I"1a th

Mecklerrb'.ug
Forsyth
Durham Co.
D.rham CiQr
hlake
Wilson
Edgeccmbe
Tarboro CiQr
Nash
Rocky ltcx.rnt
City
Halifax Co.
Roanoke
Rapids
We1&n
Northanpton
Hertford
C'ates
I'lartin
Bertie
Washiryton
Choran

218
r5r
16r
88
20r
258
22*
252
18r

13r
2Ir

n
2Z
1t
7t
2Z
2t
4t
2*
1t

I9s
I6r
15T
t3B
18t
252
28B
I7t
222

15I
275

19t
148
10r '

9t
I9r
r5s
20r
20r
16r

I8s
9t

20t
178
8t

168
198
203
18S

2Z
2*
2*
4E

1r
2*
3t
2*
2Z

0r
4B

25t 3t
2n 3t
218 3r
13s 8r
17s 3r
30r 5r
252 78
38t 2S
22* 5r

I2I IT
30t 0t

n 208
2* I9r
11 188
0r 23r
2\ 242
2\ 272
3t 28r
OI I9B
1r 28r

3t
3B

3r
4t
2*
5t
7t
3r
5B

3t LzZ 38
0r 20r 98
5t 28t 58
Is 17t 6r
0g ]48 0t
3t 24\ 6s
8t 232 8g

IlS 308 5r
5* 28t 4t

I8I 38
19t 4t
I8t 3s
15r 2Z
28t 3r
23S 5g
I98 58
262 3s
18s 38

2X 18t 2*
8s 34r r5s
31 25* 2\
3s 178 1r
0B llr 0t
3g 23s 5t
68 14t 5r
41 242 lot
It 20r 4t

I0g 1r I58 3g
161 5r I5r 58

2r I4r 3r
91 27\ r0r

0B 11 13* It I3s
25r 12t 338 I2t 14t
168 0t 25* 6t 20t
20r 2x 22* 5t I9t
292 0s 25t 08 10t
24\ 2\ 26\ 3t 2X
25* 8t 31t 9t 24*
25r 03 39t 38 23\
18r 2* 25* 4t 319

I. B=BIacki W=White; Rdg=Rs66''9.

79. The following table reflects the gains in reading for
North Carolina students between L977 and L982 based on the annua]
testing prograln as shown for black students and for all North
Carolina students.

North Carolina Average Scale Scores

Grade 3 -
Grade 6 -
Grade 9 -

Black North

Grade 3 -
Grade 5 -
Grade 9 -

5.It gain over L977-1982, from 391 to 411
4.7*' gain over L97'7-1982, from 489 to 5L2
3.08 gain over L977-I982, from 562 to 579

Carolina Students' Average

7.72 gain over L977-L982, from 362
6.9s gain over L977-L982, from 448
4.1* gain over L977-L982, from 507

to
to
to

390
479
s31

80. In 1980 76t of the high school seniors who were awarded
certificates instead of diplomas were black. (e certificate means
the student completed atl iequirements for graduation but did not
pass both parts of the competency test. ) There were a total of
i,tgg students awarded certificates: 984 black, 288.white; and 2l
others. This number represents 1.828 of aII high-school seniors
wno neitfrer wi thdrew nor were retai:ed. (The racial compos ition and
number of seniors who withdrew or vrere retained is not available.)

- 19-



type
of
of

those receiving certif icates,
handicap by ethnic origin is

some \.rere handicapped. The
as follows:

Type of Handicap B ]ack

Ethnic Group

Wh ite Other

Not handicapped
MultipIe handicapped
Educable mentally handicapPed
Hearing impaired
Visually irnpaired
Learning disabted
Other handicap

t
314 24.3
L2 .9

6L2 47 .3

28 2.2
r8 1.4

t
61 4.7
t2 .9

191 14.8
I
I

16 L.2
5 .5

t
5 .3
2 .2
7.5

7.5

81. Black adults have
adults. The following chart
adults 25 years old and over
comple ted .

76.1t 22.32 t .68

fewer years of education than do white
shows the percent of the black/white
by the number of years of education

Black Wh ite

Elementary (0-8 yrs. )

High Schoo1 (1-3 yrs.)
High School (4 yrs. )

CoIlege (1-3 yrs.)
College (4 or more yrs.)

34.6t
22.4*
25.7*
10.0r
7. 3r

22.0*
20.08
28 .4*
14.7t
I4.5s

82. Between 1970 and 1980, the percentage of black adults 25
years of age or older, who had completed at least four years of high
school or education beyond high school increased frorn 22.9t to 43t,
an increase of 87.88. The increase in white adults with at least
four years of high school or education beyond high school, during
the period frcrn 1970 to 1980, vras frqn 42.2* to 51 .7\, a 36.7 t increase.

83. A higher percent of black households in North Carolina
rent their homes and live in substandard or overcrowded housing
than of white households. The following chart shows the percent of
each race which falls in each catggory according to the North
Carolina Citizen's Survey (1979)."

Perce nt
Buyi ng

Perce nt
Rent ing

Percent 1

ove rcrowded r
Percent Inade-
quate Plumbing2

White
BIack
Other
WhoIe
S tate

A80.8;
5s.0'
7L.4

75.6

r6.8
41.5
23.8

2L.7

2.4
12.0
14 .3

4.4

0.1
8.5
9.5

2.2

-20-



1. Overcrowding is defined as more than one person
per room.

2. Inadeguate plumbing is defined as no plumbing
or lacking at least one of hot. and cold piped
water, flush toilet, and bathtub or shower.

3. Betvreen 1970 and 1980 according to census figures,
the percentage of blacks in owner occupied housing
units increased from 45.5t to 50.9t, an increase
of over 5t of the black population and an increase
of more than 10t above the proportion in owner
occupied housing units in 1970. During this same
period, whites in owner occupied housing units
increased from 70.0t to 72.8t, an increase of 2.8t
of the white population and an increase of 48 of
the proportion in owner occupied housing in 1970.

4. The figures in the 1979 North Carolina Citizen's
Survey show a higher percentage of whites and blacks
in or,rner-occupied housing than the 1979 f igures fronr
the 1980 Census. In the Citizen's Survey, 25.5t of
the respondents were in the 18-29 age group conpared
to 322 estimated in that age group by the Division
of State Budget and Management and 31.4t estimated
by the llarch L979 Current Population Survey. Of
I,389 respondents to the Citizens Survey, the raw
figures show between 1,I03 and I,I05 whites, and
250 to 279 non-whites answering the housing questions.

84. In the Spring of 1981, the North Carolina Housing Finance
Agency, the United States Secretary of Housing and Urban Develop-
ment, and the United States Secretary of the Treasury identified 24
urban census tracts which were eligible for loans under the
Mortgage Subsidy Bond Tax Act. The criterian is that 70t or more of
the families have income which are 80t or less of the statewide
median family income. Of the 481562 people living in these census
tracts 39,359 (8It) h,ere black compareo to 8,814 (I8B) white and L14
(.6t) indian. The tracts eligible for targetting are as follows:

Table 10
NORTH CAROLINA CENSUS TRACTS ELIGIBLE FOR TARGETING

County No. Tract WhiteCounty 1980
Total Pop.

Black American
Incii an

2l
51
5I
5l
5I
63
53
65
67
61
81

2.00
1.00
2.00
3.00

13.00
I2.01
L2.02

201.00
6.00
8.02

I08 .01

Buncombe 2L73
Cumberland 1005
Cumberland 2781
Cumberland L482
Cumberland 2269
Durham 864
Durham 916
Edgecombe 401
Forsyth 2718
Forsyth 3065
Guilford 703

557
44L
481
449

77
0
I

34
23

7I0
459

1608 7
523 34

2249 48
958 0

2L85 2
859 0
975 0
357 0

2689 42309 L1
221 14

-2L-



Tab1e I0
NORTH CAROLINA CENSUS TRACTS ELIGIBLE FOR TARGETING

County No. Tract County I9BO
Total Pop.

White BIack American
Indi an

119
119
r19
I19
r19
119
L29
129
L29
189
t9r
191
195

4.00
6.00
7.00
8.00

37.00
49.00

II1.00
I13.00
114.00

9.00
10.00
17.00
8.00

623
19 01

757
3 346
2562

2L5
37 55
I38 1
15?5
4033
3007

567
6297

338
56
90
95

6
0

L32
t024

5
118

2658
27I
773

281
1825

655
3246
25 47

2L5
35 07

351
I555
3904

337
268

5 514

Meck 1e nburg
Meckle nburg
Meckle nburg
Mecklenburg
Meck 1e nburg
I'leckIe nburg
New Hanover
New Hanover
New Hanover
Wake
Wanye
Wanne
Wilson

3
3
0
0
0
0

L2
5
4
5
4
I
4

24 Census Tracts 48562 88 14 39359 L74

85. In Lassiter v. Northampton County Board of Elections, 350
U.S. 45 ( 1959 ecision
of the North Carolina Supreme Court which upheld the use of the
literacy reguirement for voting in North Carolina. In Bazemore v.
Bertie Countv Board of Elections, 254 N.C. 398 (196I), Ee Nom-
Carolina Supreme Court struck down the practice of requiring regis-
trants.to write the North Carolina Constitution from dictation but
upheld the requirement of ability to read and write the North
Carolina Constitution to.be administered to aI1 applicants of
uncertain ability. Use of the Iiteracy requirement in North
Carolina did not totally cease until 1970.

85. In 1970, a referendum was submitted to the voters of North
Carolina to amend the constitution of North Carolina to delete the
literacy requirement for voting. of the proposed constitutional
amendments before the voters at that time, the amendment to delete
the literacy requirement was the only one defeated. The amendment
was defeated in each of the following counties: Mecklenburg,
Forsyth, Durham, Wake, WiIson, Edgecombe, Nash, Halifax, Northampton,
Hertford, Gates, Irlartin, Bertie and Washington. The literacy require-
ment is currently N.C.G.S. S163-58 and Article VI 53 of the North
Carolina Constitution but is not currently enforced.

87. N.C.G.S. S153-67(a) provides that "No person shall be
registered to vote without first making a written, sworn and signed
application to register upon the form prescribed by the State Board
of Elections. If the applicant cannot write because of physical
disability, his name shall be written on the application for him by
the election official to whom he makes application, but the specific
reason for the applicant's failure to sign shall be clearly stated
upon the face of his application. "

88. Since 1915 North Carolina has had a majority vote
requirement for party primaries. The first majority vote require-
ment was enacted at the same time as the initial enactment of t.he

-22-



primary elect on method of nomination of candidates. It currently
is contained in N.C.G.S. S163-111 and reads as follows:

(a) Nomination Determined by Majority; Defini-
tion of l'lajority. Except as otherwise provided in
this section, ncminations in primary elections sha]1
be determined by a majority of the votes cast. A
majority within the meaning of this section shall be
de te::rni ned as f ol lows :

(1) If a nonrinee for a single office is to
be selected, and there is more than dividing
the total vote cast for aII aspirants by
two. Any excess of the sum so ascertained
sha1l be a majority and the aspirant who
obtains a majority shall be declared the
ncrni nee.

(2',) 
i:.:sil;:?"5": ;::";i :::'.:'[:""=
selected, and there are more persons
seeking nomination than there are
offices, the majority shall be ascer-
tained by dividing the total vote cast
for all aspirants by the number of
positions te be filledr and by dividing
the result by two. Any excess of the
sum so ascertained shall be a majority,
and the aspirant who obtains a majority
shalI be declared the nominee.

(b) Right to Demand Second Primary If
an insufficient number of aspi:ants receive a
majority of the votes cast for a given office or
group of offices in a primary, a second primary,
subject to the conditions specified in this sec-
tion, shall be held:

(1) If a ncrninee for a single office is to be
selected and no aspirant receives a
najority of the votes cast, the
aspirant receiviag the highest number
of votes shalI be declared nonrinated
by the appropriate board of elections
unless the aspirant receiving the
second highest number of votes shall
reguest a second primary in accordance
with the provisions of subsection (c)
of this section. In the second primary
only the two aspirants who received
the highest and next highest number
of votes shall be voted for.

(2) If nominees for two or more offices (con-
stituting a group) are to be selected
and aspirants for some or all of the
positions within the group do not receive
a majority of the votes, those candidates
equal in number to the positions remaining
to be filted and having the highest num-
ber of votes sha1l be declared the nominees
unless some one or all of the aspirants

-23-



equal in number to the positions remaining
to be filled and having the second highest
number of votes shall request a second
primary in accordance hrith the provisions
of subsection (c) of this section. In
the second primary to sel.ect nominees for
the positions in the group remaining to
be filled, the names of all those candi-
dates receiving the highest number of
votes and all those receiving the second
highest number of votes and demanding
a second primary shall be printed on the
bal Iot.

89. North Carolina has never had a majority-vote reguirement
for general elections.

90. In 1983, Representative Kenneth Spaulding, black, intro-
duced legislation, HB 171, to reduce the majority vote requirement
to 40t for prirnaries for the U.S. Senate, congressional seats,
state-wide offices, the General Assembly and judgeships. This bilI
was defeated in the House Election Laws Committee. Later in the
1983 Session, after the defeat of HB 171, Representative Spaulding
introduced HB 536 to reduce the najority vote requirement to 4lt for
primaries as long as the leading cand'idate obtained at least 38 more
of the votes than the next highest votegetter. This bill was
def eated in the House Election Laws Committ.ee.

91. North Carolina enacted an anti-single shot voting law for
local elections in specified counties and municipalities in 1955.
It hras enforced until it was declared unconstitutional in L972 in
Dunston v. Scott, 335 F.Supp. 206 (EDNC L972). It has not been
ffigzz.At1eastsinceI915,NorthCaro1inahasnot
had an anti-single shot provision for nomination or election of
candidates for the North Carolina General Assemb1y.

92. North Carolina enacted a numbered seat requirement for
specified }egislative multi-member districts in 1967. The provi-
sion was modified and re-enacted when the General Assembly was
reapportioned in 1971. It was declared unconstitutional in L972 in
Dunston v. Scott,335 F.Supp.206 (EDNC 1972\, primarily on the
ground
prevent

EEat iadid not apply statewide. Numbered seat requirements
single shot voting.

93. North Carolina has not had a numbered seat plan for
election of legislators since L972.

94. At least since 1950, North Carolina has not had any
statutory or regulatory provisions for slating of candidates in any
county or district with any significant concentration of minority
voters. (There have, during this period, been some provisions for
nomination by convention from some western counties with a very low
percentage of minority voters. )

95. By district, the following number of black members have
served in the General Assembly:

-24-



District (Numbe=
of Seats) 8381797775137t69

Mecklenburg House (8)

Meckle nburg,/Cabarrus
Senate ( 4 )

Forsyth House (5)

Forsyth Senate (2)

Durham House (3)

Durham Senate (2)

liake House (5)

Wake Senate (3)

Wilso n/Edge conbe/Nas h
House ( 4 )

Senators frcrn count ies
in Senate District *2 (1)

Represe.ntatives frcnr
counties in Senate
District *2

0

0

0

0

0

0

0

0

0

0

0

I
1

0

I
0

0

1

0

0

0

1

I
0

I
0

0

I

0

0

0

I
1*

0

I
0

0

0

0

0

0

0

0

0

I
0

1

0

0

0

I

0

2

0

I

0

1

0

0

0

00
00
00
OI
00
00
00

2**

* Appointed mid-term** Both elected frqn majority black districts

96. No black person hras elected to the North Carolina General
Assenbly frcm 1900 until 1959 when one black representative was
etected. No black person was elected to the Senate until L975 when
two black senators were elected. The number and percent of black
members serving in the General Assembly since 1959 is as follows:

-25-



House (Number followed Senate (Number followed
Term by Percent) - bv Percent

1969-70 I (.8r) o

l97L-72 2 elected and I appoin-
ted mid-term (2.5t) 0

t973-14 3 (2.58)

1975-76 4 (3.38)

Lg77-78 4 (3.3t)2

1979-80 3 elected and I appoin-
ted mid-term (3.3t) I (2t)

1981-82 3 (3,ss)

1983-84 11 (9;2s)3

1. One black senator resigned midterm and a black person
vras appointed to that seat.

2. Three blacks resigned midterm and were replaced by
black members.

3. Five representatives and the senator (or one half)
were elected frqn districts which are majority black.
Five representat,ives were elected at large frqn
majority white multimember districts which are not
covered by 55 of the Voting Rights Act. Prior to
L982 alI districts vrere majority white and aIl
elections rtrere at large.

97. The following are the only black people to serve in the
North Carolina Gene=aI Assembly this century:

0

2 (4r)

zL (4r)

I (2r)

I (2r)3

-26-



Session Name Party-County Dist=ict Terms

1959-70

L97 L-72

L973-7 4

r97 5-7 6

L977-'t 8

1979-80

1981-82

19 83-

D-GuiIford

D-Guilford
D-Robeson
D-Gui I ford

D-GuiIford
D-Robeson
D-Durham

D-tteckle nburg
D-Wake
D-Forsyth
D-Guilford
D-Robeson
D-Durham

D-Meckle nburg
D-Wake
D-Wake
D-Forsyth
D-GuiIford
D-Robeson
D-Durham
D-Durham
D-Forsyth
D-Robeson

D-t'leck Ie nburg
D-Robeson
D-Guilford
D-Durham
D-Forsyth
D-MeckIe nburg

D-GuiIford
D-Wake
D-Durham
D-Northampton

D-GuiIford
D-Warren
D-Mecklenburg
D-Wake
D-Northampton
D-Cumbe rla nd
D-Guilford
D-Forsyth
D-Cumberland
D-Forsyth
D-Robeson'
D-Durham

26th House

26th House
24th House
26th House

23rd House
2l,s t House
I6th House

22nd Senate
14th Senate
29th House
23rd House
2lst House
16th House

22nd Senate
. 14th Senate

14th Senate
29th House
23rd House
21st House
ISth House
I6th House
29th House
2lst House

22nd Senate
2Ist House
23rd House
15th House
29th House
22nd Senate

19th Senate
I5th House
15th House
5th House

3Ist Senate
7th House

35th House
2Ist House
5th House

17th House
25th House
39th House
17th House
39th House
15th House
23rd House

1969-7 0

197l-72
L97 t-72
L91l-72

t973-7 4
L973-7 4
L973-7 4

L975-7 5
L97 5-7 6
L97 5-7 5
L97 5-7 6
t91 5-7 6
L97 5-7 6

L977-7 I
L977*
t977-7 8
t977 -7 8
L977 -7 8
L971-7 I
1977
t97 7-7 8
1978
1978

1979-80
1979-80
1979-80
1979-80
1979-80
t9 80

19 81-82
1981-82
19 81-82
19 81-82

19 83
19 83
t9 83
19 83
1983
1983
19 83
19 83
19 83
19 83
19 83
19 83

Henry E. Frye

Henry E. Frye
Joy J. Johnsgn
Alfreda Webb'

Henry E. Frye
Joy J. Johnson
Henry t'1. l'1ichaux, Jr.

Fred D. Alexander
John W. Winters
Richard C. Erwin
Henry E. Frye
Joy J. Johnson
Henry M. l'lichaux, JE.

Fred D. Alexander
John W. Winters .)

Clarence E. Lightnero
Richard C. Erwin
Henry E. Frye
Joy J. Johnson
Henry M. l'lichaux, Jtr1
A.J. Howard Clements-
Howard L. Kennegy, Jtr.
Robert E. Davis-

Fred D. Alexander
Robert E. Davis
Henry E. Frye
Kenneth B. Spaul4ing
Annie B. Kennedy"
Rowe |.lotley

Henry E. Frye
Dan T. Blue, Jr.
Kenneth B. Spaulding
C. I'le1vin Creecy

Wi1 Ii am N. I'lart in
Frank W. Balance, Jr.
PhiIlip O. Berry
Dan T. Blue, Jr.
C. I'leIvi n Creecy
C.R. Edwards
Herrnan C. Gist
C.B. Hauser
Luther R. Jeralds
Annie Kennedy Brown
Sidney A. Locks
Kenneth B. Spaulding

-27-



I. Webb was appointed December 31, 1971, to replace
McNeil Smith (Guilford).

2. Lightne= was appointed on August 3, 1977, to replace
John W. winters (Wake County).

Clement was appointed on August 3, L977 , to replace
Henry I{. }lichaux, Jr. ( Durham County ) .

Kennedy was appointed February 9, 1978, to replace
Richard C. Erwin (Forsyth County).

5. Davis bras appointed February L'7, 1978, to replace
Joy J. Johnson (Robeson County).

5. Kennedy hras appointed October 19 , L979, to replace
Judson DeRamos (Forsyth County).

1 . Motley htas appointed in Apri1, 1980, to replace
Fred Alexa nde r ( I'leck1e nburg County ) .

General Note on Te:m of Of f ice: Article II, Section 9 of the
Constitution of North Carolina sets the te:rrs of office for
Legislators. Prior to 1983, this commenced 'at the time of
the ir elect ion" . I n L982 , a cons titut ional ame ndme nt i.ras
approved setting "the first day of January next after their
election," as the starting date.

98. North Carolina General StaEutes S163-1I provides the
mechanism for filling a vacancy in the General Assemb1y. Between
L967 and 1973, the Governor was required to appoint for the
remainder of the term the person elected by the County Executive
Committee of the political party with which the vacating member was
affiliated when elected frqn the county in which the vacating member
resided. In L973, the provision was amended to provide that, in the
case of a multi-county district, the Governor should appoint the
person recommended by the district House of Representatives or
senatorial committee of the political pa=ty with which the vacating
member vras affiliated when elected. Members of the respective
district ccrnmittees $rere chosen by the county coventions or county
executive committees of each political party, l.rith at least one
member frcrn each county within the district, trith votes on the
ccrnmittee based on population of the respective counties. The
provision has since been amended to provide further adjustments in
situations in which part of a county is included within a district.

99. Of 299 clerical and non-professional workers, other than
pages appointed for one weekrs service, employed by the General
Assembly for the week ending February 4, L983,24 (8.0t) have been
ident if ied by l'1r. George R. HaI1, Jr. , Legislative Services Of f icer,
to be black. (Records are not kept on the race of employees of the
General Assembly.) Of these 24, 9 are housekeepers, 11 are secretarles
t.o the black Representatives and Senator, 3 are on the Sergeant-of-Arms

3.

4,

-28-



staff, and I is on the House Clerk's staff. 170 of the 299 clerical
and non-professional workers other than pages are personal secre-
taries to the individual representatives and senators. Each senator
and representative selects his or her personal secretary.

100. No black person has been elected to statewide office in
North Carolina or to the United States Congress from North Carolina
since 1900 with the exception of Clifford Johnson who was elected as
a Superior Court Judge in 1978, Richard Irwin who was elected to the
Court of Appeals in ]978, and Charles Becton who was elected to the
Court of Appeals in 1982. Each of these was elected to fill a seat
to which he had previously been appointed.

I01. A11 judges who were appointed were appointed by the
Governor in office at that time. Special Superior Court Judges are
appointed by the Governor for four year terms and do not run for
election at any time. There are eight Special Superior Court
Judges. AII other judicial positions are no:-ral1y filled by election,
including Supreme Court Justices, Judges of the Court of Appeals,
Resident Superior Court Judgesr and District Court Judges, although
initially a judge may take office by gubernatorial appointment to
fill a vacancy in office.

102. There h,ere no black judges in North Carolina before 1968.
Since 1968 the following number and percent of judges in North
Carolina have been black:

District Resident Superior Special Superior Ccurt of Appeals Suprsre Ccr.rrt

1e68 L/Lt2(0.9s )

1970 L/tt2(0.9r)
1972 2/tt2(r.8s)
L974 4/Lt8(3.4r)
L975 5/II8( 4.29\l
1978 6424(4.88)
1980 91124(7.3r)
1982 LL/L24(9.1r)
1983 t2/L24(9.7r)

o/4L
0/4L
0/4L
0/42
0/41
L/58(r.78)
v58(l.78),
L/58(1.78)r
0/s8

0/8
0/8

r,/8 ( 12.5t )

t/8(L2.5\)
r,/8 ( 12.5t )

v8(12.5r)
0/8

2/8(2s*)
2/8(zsz)

o/tz
o/tz
0^'2
0/L2
0n2
L/tz(8.3r )

r/r2 ( 8.38 )
242(16.7t)
2/L2(16.7r )

0
0
0
0
0
0
0
0
L/7 (r4.22

I. Judge Johnson stopped serving as a Superior Court
Judge in 1982 when appointed to the Court of
Appea1s. He is counted in both places on this
chart.

2. There is no official record of the number of
black lawyers in North Carolina but the North
Carolina Association of Black Lawyers has identi-
fied approximately 350. This is an underestimate
of the actual number but is approximately 4t of
aIl lawyers in North Carolina.

103. Exhibit SS is a list of black candidates vrho ran for the
North Carolina House of Representatives or Senate since 1970 with
success in Primary and General Elections indicated.

-29-



104. North Carolina has I00 counties. They range in black
population from 0.1t to 50.78. Each has between three and seven
county commissioners. Exhibit MM is a list of aII known black
County Commissioners in North Carolina.

I05. Exhibit NN is a publication by the Institute of Goverrunent
of the Unive=sity of North Carolina entitled "Eonn of Government of
North Carolina Counties" (1981 Edition), giving county population,
form of goverrunent, and method of selecting the governing body.

106. There are 17 municipalities with a population over 25,000
in North Carolina; 25 municipalities with a population between
10,000 and 25,000;28 municipalities with a population between 5,000
and I0,000; 57 municipaliEies vrith a population between 2,500 and
5,000; 109 municipalities with a population between ],000 and 2,500;
112 municipalities with a population between 500 and 1,000; and an
unknown number of towns or vilages with a population less than 500.

107. Exhibit OO is a publication by the Institute of Government
of the University of North Carolina of Chapel HiI1, entitled "Form
of Government of North Carolina Cities' (1981 Edition), giving North
Carolina cities by size and providing information such as county of
location, fo:m of goverrunent, type and selection of governing body,
for aII known North Carolina municipalities with populations of 500
or more.

108. Exhibit PP is a list of all known black mayors in North
Carolina as of Mal, 1983. Exhibit QQ is a list of all known black
'city counciL members in North Carolina as of Mayr 1983.

109. Prior to 1959 the State Board of Elections had no black
members. For each year since L969, the North Carolina State Board
of Elections has had at least one black member, out of a total of
five members. Since October, 1981, the State Board of Elections has
had two black members. Black members serving on the Board of
Elections during the period from 1969 through the present are as
follows:

L. H. Jones, 1969 L977
Dr. Sidney Y. BarnweIl, L977 198I
william Marsh, 1981 still serving on the Board
Elloree Erwin, 1981 still serving on the Board

(Elloree Erwin is a Republican. The rest are Democrats. )

1I0. Mecklenburg County (House District #35) can be divided
into eight single-member House districLg vrith two and only two
districts over 658 black in population.

11I. At its February, L982 Session, the North Carolina House of
Representatives had available to it the proposal of the North
Catolina Association of Black Lawyers, a proposal presented by
Representative Hege, (R-Davidson County) and a staff drawn plan,
eacn of which contained two single-member districts in t'tecklenburg
County which were majority black in population. The plan developed
by tha member of the legislative staff included a district which was
65.1S black in population and a district which was 71.2* black in
populatJll;*or".r;". 

would be conriguous, reasonabry compacr, and have
a population deviation of less than plus or minus 5t.

'3 0-



112. The Mecklenburg/Cabarrus County Senate district (Senate
District +22\ can be divided into four single member districts with
one of the districts over 658 black in population.* Only one
majority black Senate district with a black population over 55t can
be drawn.

113. In February, L982, the General Assembly had before it the
plan of the Black Lawyers Association and the plan presented by
Senator Ballenger (R-Catawba County) each of which created a single-
member Senate district wholIy within Mecklenburg County which was
over 508 black in population. In addition, a member of the legisla-
tive staff devetoped a single-member district in Mecklenburg County
which was 70.77t black in population.*

I14. If Mecklenburg County lrere divided into single-member
districts, for either the House or Senate, it would be the first
division of that county for legislative districts.

II5. The 1956 and 1971 plan for election of members to the
General Assembly placed Mecklenburg County in an eight-nember House
of Representatives district consisting soIeIy of Mecklenburg County.
No blick person was elected as a Representative from that district
from 1965 through 198I. During that period seven black people ran
for the House of Representatives.

116. The House district consisting of l"lecklenburg County was
not changed in the 1982 apportionment. In the 1982 general
election, I'lecklenburg County elected eight members of the North
Carolina House for 1983-1984. One of those members, Phillip O. Berry
is bIack. James D. Richardson, who is also black, ran but was not
elected. He came in ninth.

117. The 197I plan for election of members to the General
Assembly placed Mecklenburg County in a four-member Senate District
consisting of Mecklenburg and Cabarrus Counties. No senaLor from
I.1eckle nburg County was black unt il 19 7 5 . Fred D . Alexa nde r, who was
black and'sras frcrn Mecklenburg County ran for the Senate but was
defeated in 1972. He was elected to the North Carolina Senate from
that district for the L975-76, L977-78, and 1979-80 General Assemblies.
Alexander filed for reelection in 1980, but died before the primary
was held. When Alexander died, Rowe Motley, who is black, hlas
appointed by the Governor to filI Alexander's unexpired term.
Aiexander's name could not be removed from the primary election
baIlot. Alexander lost the primary.

118. Mecklenburg and Cabarrus County elected four members to
the senate in L982. James PoIk, who is black, ran as a Democrat but
was defeated in the General Election, r.rnning fifth.

I19. I'lecklenburg County has a f ive-member Board of County
Commissioners, all oi whom are elected-at-1arge. Currently, one of

*Each district would be contiguous, reaSonably compact, and
have a population deviation of less than plus or minus 58.

-3 1-



those five members, Robert L. Wa1ton, is b1ack. Walton was first
elected in L975. In 1978 he was defeated in his bid for re-
eLect ion. Wal-ton was elected in 1980 and 1982.

120. Mecklenburg County has never had a black Sheriff.
a black VAP of 24*.

It has

I21. Clifton E. Johnson, who is b1ack, vras appointed to the
North Carolina Court of Appeals in L982, where he is currently
serving. Johnson was .appointed to the District Court for
Mecklenburg County in 1969 and was subsequently elected and re-
elected to t.hat position. He vras appointed by the Governor to be a

Resident Superior Court Judge in L977. He was elected a Resident
Superior Court Judge frqn t'lecklenburg County in L978, having been
nominated by voters in the l'lecklenburg County primary and elected by
statewide vote in the general eLection. He ran unopposed in that
election. Johnson was the first and only black resident Superior
Court Judge from I'lecklenburg County of f ive Resident Superior Court
Judges. He is the only black ever to serve as a Resident Superior
Court Judge in North Carolina. He served in that role until his
appointment to the North Carolina Court of Appea1s. At the time
Johnson was appointed to the Court of Appeals, Yvonne I'lims Evans, a

black attorney, sought to f il I the Superj.or Court vacancy, but the
Mecklenburg County Democrat Party Executive Committee selected a

white ncrninee instead, and the white nominee was appointed by the
Governor. There are currently no black Resident Superior Court
Judges.

L22. Mecklenburg County is a single-member Judicial District,
which elects ten District Court Judges. Currently, two of those
judges, T. t'lichaeI Toddr tsDd Terry Sherrill are black. Todd was
appointed in 1979 and elected in 1980. He came in third in the
vote of the I'lecklenburg County Bar for nominations for the seat.
He came in behind two white candidates. Todd wdSr nonetheless,
appointed by the Governor. Terry Sherrill came in third in the
vote of the tleck-Ienburg County Bar behind two white candidates
and was appointed by the Governor in 1983.

L23. The Charlotte-t'lecklenburg Board of Education has
nine members elected at large to four-year terms on a staggered
schedule. Curently, two of those members, Sarah BeIle Stephenson
and George E. Battle, Jtr., are black. Stephenson was elected in
I98O for the first time. Battle was elected in 1978 for the first
time and was re-elected in 1982. Until his resignation to run for a

House seat in the North Carolina General Assembly, Phillip O. Berryr
who is black, \das chairman of the Board, serving along with
stephenson and Batt1e. Berry h,as first elected to the Board in L976
and was re-elected in 1980. Of six or more persons seeking to
replace Berry upon his resignation, a white person was selected by
the remaining Board members although Arthur Griffin, who is black,
sought the p_os ition.

-32-



124. Exhibit RR is an accurate list of black candidates who
have run for countywide office in Mecklenburg County or in municipal
elections for the City of Charlotte since L954. !

I25. The Mecklenburg County Board of Elections has three
members. From l"larch 2, 1970, until his death in May of L972, I'1r.
Walter B. Nivens served on that Board, and was Chairperson from
March of L972, until his death, Jack l.lartin also served on the
Mecklenburg County Board of Elections from JuIy 13, L912, through
March of L974, serving as Chairperson for a part of that time.
Phyllis Lynch has served on Ehe Mecklenburg County Board of
Elections since June of L917 through the present and has been
Chairperson since June of 1981 through the present. Nivens, l'lartin
and Lynch are black and are the only black people who have served
on the Mecklenburg County Board of Elections.

126. The immediate Past Chairman of the Mecklenburg County
Democratic Executive Committee, for the term from 1981 through May
1983, \iras Robert Davis, who is black. Davis is the only black
person ever to hold that position.

L27. The City of Charlotte, Iocated in llecklenburg County, has
a total population of 3I4,447 according to 1980 census figures. 31t
of the population and 20.6t of the registered voters in Charlotte
are bIack.

I28. The Charlotte City Council has eleven members, seven
elected from Districts and four elected at large. Of the current
members, Charles Dannelly and Ronald Leeper, both elected from
majority black districts, and Harvey Gantt, elected at large, are
b1ack. Gantt h,as first elected to the City Council in L975, and re-
elected in L977. He was elected to the City Council again in 1981.
He is currently t'layor Pro-Tem of Charlotte. Gantt. did not run for
City Council in L979 because he ran for I'layor. He was defeated by a
white candidate in the Democratic Primary. Dannelly and Leeper h,ere
both first elected in L977 and re-elected in L919 and 1981.

L29. The portion of Forsyth County which is in House District
39 can be divided into five single-member districts. Either one
district over 65t black can be formed or two majority black
districts can be formed.*

130. In February, L982 r the General Assembly had available to
it the plan of the Black Lawyers Association and a plan presented by
Representative Hege (R-Davidson), each of which contained a single
member district wholly within Forsyth County which '.ras over 80t
black in population. In addition, a member of the legislative staff
had developed a single-member district in Forsyth County which was
70.00t black in population.*

*Each district would be contiguous, reasonably compact
and have a population deviation of le,ss than plus or
minus 5t.

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13]. It is not possible to draw a majority-black single-member
Senate district in Forsyth County.

L32. In the L9B2 General Elections for members of the North
Carolina General Assembly, District thi:ty-nine elected five
Representatives of whom two, C. B. Hauser and Annie Brown Kennedy,
are black. District 39 consists solely of Forsyth County, not
includiag two townships of Forsyth County placed in District 29.

I33. Richard C. Erwin, who is black, was elected as a member of
the North Carolina House of Representatives from Forsyth County for
1975-76 and 1977-78. He resigned from the General Assembly upon his
appointment as a Judge of the North Carolina Court of Appeals in
L977, to which he was elected in 1978r dod where he continued to
serve until his appointment in October 1980 as a United States
District Court Judge for the }liddle District of North Carolina.
Erwin, one of twelve Court of Appeals Judges, was the first black to
serve on the Court of Appeals when he was appointed in 1977.

I34. Harold L. Kennedy, Jr., was appointed February 9, L978, to
replace Richard C. Erwin in the North Carolina General Assembly upon
Erwin's appointment to the North Carolina Court of Appea1s. Kenneciy
is black and is from Forsyth County. Kennedy ran for re-election to
the House of Representatives in 1978 and.lost.

135. On October 19 , L.979 , Annie B. Kennedy, who is black , vras
appointed to replace Judson DeRamus, who is white, as a member of
the North Carolina House of Representatives from Forsyth County.
Kennedy ran for re-election in 1980 and lost; she ran in 1982 and
won.

135. The Forsyth County Board of County Commissioners has five
members elected at large. Currentlyr that Board has one black
member, I'lazie lJoodruff. When elected in L976r she was the first
black member of the Forsyth County Board of County Commissioners,
Forsyth County elects Commissioners for four year terms. Woodruf.f
ran again in 1980 and was defeated by a white candidate. She ran
again in L982 and was elected.

I37. Forsyth County has never had a black Sheriff. The Voting
Age Population of Forsyth County is 22* bIack.

138. James Arthur Beaty, Jr., a black resident of Forsyth
County, vras appointed by the Governor as a special Superior Court
Judge in 1981.

I39. The Forsyth County School Board has eight members elected
at-Iarge. Beauford Bailey, who is bIack, is currently a member of
that Board. Thirty seven percent of the student enrollment of the
Forsyth County PubIic Schools is black. The population of Forsyth
County is 24* black.

140. In Forsyth County't.here has been no black chairman of the
Democratic Party.

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I4I. The Forsyth County Board of Elections has three members.
H. B. Goodson, who'is blackl served on that Board from 1973 until
Lg7g. Joan Cardwell, who is also black, has served on that Board
from L979 through the present and is Secretary.

L42. The City of Winston Sa1em, Iocated in Forsyth Countyr has
a total population of 131,885 according to 1980 census figures.
40.I6t oi tne population and 31.9t of the registered voters in the
City of winston Salem are black.

143. The Winston-Sa1em City Council has eight members elected
from wards in .addition to the mayor. Currently there are four black
members on the Council. Larry Little, Vivian Burke, Virginia
Newell, and Larry Wonble. Little, Burke, and Newell were all
elected in 1977 ind re-elected in 1981 frcm majority black wards.
Womble was first elected in 198I by defeating an incumbent white
Democrat in the primary and a white Republican in the general
election. His ward hai 4,535 white registered voters, 2,893 black
registered voters, and three of other races. Prior to L977,
C. C. RoSS, CarI RusselI, and Richard Davis, aII black, \irere elected
in 1970 and Lg74 from majority black wards. (The election
schedule was changed frqn even to odd years between the L914 and
1917 election. )

144. Durham County (House District *23) can be divided into
three single member districts with one and only one of them over 558
black in population.*

* Each district would be contiguous, reasonably compact,
and have a population deviation of less than plus or
mi nus 5t .

I45. In February, 1982, the General Assembly had before it the
Black Lasryers Associltion apportionment which contianed a single
member district in Durham County which was over 70t black in
population and the proposal of Representative Hege, (R-Davidson
Cointy) which containea a single-member district within Durham
County which i{as over 65t black in population. In addition, a
membel of the legislative staff had developed a single-member
district for Durham County which vras 70.9It black in population.

146. It is not possible to draw a majority-black single-member
Senat.e district which is in Durham County or which includes
substantial parts of Durham County.

L47. If Durham county were divided into single-member
districts, for either House or senate districts, the division of
Durham County would be the first division of that county for
Iegislative districts.

148. At all times since L973, one of Durham cOuntyrs three
Representatives to the North Carolina House of Representatives has
beLn black. Black members from Durham County during that period are
as follows:

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1. Henry M. Ilichaux, Jtr. -- elected to the L973, L975,
and L977 General Assemblies (resigned in L977 to be-
come united states Attorney for the l{idd1e District
of North Carolina).

2. A. J. Howard Clement, III, appointed to the expira-
tion of Michauxrs term in L977 General Assembly.
He ran for re-election in 1978 and 1982 and was
defeated both times in the Democratic Primary.

3. Kenneth B, Spaulding -- elected to terms in the L979,
1981, and 1983 General Assemblies, where he continues
to se tnre .

149. Prior to 1973 no black person was elected to the House of
Representatives frcnr Durham County and no black person has ever been
elected to the Senate from Durham County.

150. The Durham County Board of County Commissioners has five
members elected at large. No blacks served prior to L967. The
following black people have served on the Commission since 1959:

Asa T. Spaulding L969-72
Nathan GarretE 1973-74
william V. BelI 1973 - current
Edna Spaulding 1975 - currene

willian V. Bell is currently Chairman of the

, 
Ourham County Board of County Commissioners.

I5I. Durham County has never had a black Sheriff. Durham
County has a black Voting Age Population of 33.6*.

L52. Charles L. Becton, a black resident of'Durham County, was
appointed by the Governor to the North Carolina of Appeals as one of
its twelve judges in 1981. He was elected by a statewide vote to
that of f ice in 1982 to f ilL the remainder of t,he teirn until 1984.
Becton and four ot,her incumbents ran unopposed in the 1982 election.
Ten Democrats ran for the three other seats which were up for
elect ion in 1982 with no incumbents runni;rg.

153. Durham Count.y is a single-county judicial district with
four District Court Judges. Prior to L977 , none (rrere black. In
L979, the Governor appoint.ed william G. Pearson, who is black to be
a District Court Judge. Pearson was elected in 1978 and in 1982.
In 1979 the Governor appointed Karen Galloway, who is black, to be a
District Court Judge. Galloway was elected in 1982.

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I54. The Durham County Board of Elections is a t,hree-member
board. Frqn March 2 , 1970-, until June of I98I, William tlarsh was a

member of that board. I'larsh, who is black, served as chairman for
six years ending in L919. Since 1981 there has not been a black
member on the Board.

* 155. The Chairmanship of the Durham County Democratic Party has
been held by a black for approximately ten of the last fourteen
years. Persons senring in the chairmanship during that period ar as
fo 1 lows :

Name Beqinning of Term

*Lavonia AlIison, B

Howard Clement, B
willie Lovett, B

Barbara Smith, w
Robert Sugg, w
Jeanne Lucas, B

1959 or 1970
L97 4
L911
L97 9
19 81
I9 83

Lavonia AIIison was the first black chai=nan of the Durham
County Democratic PartY.

*B - indicates black
W - indicates white

I55. The City of Durham, located ir Durham County, has a total
population of 100,538 according to corrected census figures. 47.08t
of- tne population and 38.9t of the regist,ered vot,ers in the City of
Durham are b1ack.

L57. The Durham City Council consists of twelve members, in
addition to t,he mayor. Six are elected at 1arge. Six are elected
at Iarge, but must reside in wards. Currentlyr the following three
members are black: Ralph Hunt, representing a majority black ward;
Chester L. Jenkins elected at large; and A. J. Howard ClemenE,
appointed on l'lay L6, 1983, to the expiraeion of l'laceo K. SLoanrs
term. Sloan, who is also black, was elected at large and resigned
ApriI 18, 1983.

I58. Wake County (House District #21) can be divided into six
single member districts with one and only one of them over 65t black
in popula tion. *

l59In February, L982, the Legislature had available to it the
proposal of the Black Lawyers Association which contained a single-
member district in Wake County which was over 65t black in popula-
tion. In addition, a member of E,he legislative staff had prepared a

single-member districL for Wake County which was 58.5t black in
population. *

* Each district would be contiguous, reasonably compact,
and have a population deviation of less t,han plus or
mi nus 5t .

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16O. If Wake County were divided int,o single-member House
districi;, -it would be tne first division of that county for House
districts. Wake County was divided the first time for Senate
districts in 1982.

16I. It is not possible to draw a single-member majorit'y black
Senate district which is in Wake County or includes substantial
.parts of Wake CountY.

L62. Dan T. BIue, JE., who is black, was elected as a member of
the House frcnr Wake County for the 1981-82 and 1983-84 General
Assemblies. In the 1982 bemocraEic primary, Blue received the
highest vote total of the fifteen Democrats running. In the 1982
geleral election, Blue received the second highest vote total of the
Seventeen candidates for six seats. Five of the seventeen candidates
\dere Libertarians. AII Democratic candidates ',ron. Blue had run in
1978 as a Democrat and he lost in the primary.

I53. John w. winters, who is black, t"as elected as a Senator
from Wake County for the L975-75 and L977-18 General Assemblies.
Upon Winters' rEsignation, to accept an appointment as a member of
the Uorth Carolina Utilities Commission, Clarence E. Lightner, who

is b1ack, and is from Wake County, hras appointed to replace Winters
in the North Carolina Senate. Except for the period from L975-78,
Wake County has never had a black Senator.

154. Wake County has a seven-member Board of County Commissioners,
who must reside in districts, but who are nominated and elected-at-
large. Elizabet.h B. Cofield, who is black, is a member of the Wake
Couity Board of County Commissioners. Cofield was first elected in
Lgj2 lnd has been re-elected to successive four year terms since then.
She is the only- black person to serve on the Wake County Board of
County Commissioners

155. Wake County is a single-county Judicial District with
eighF District court Judges of whom currentry 2 ' stafford Burrock
and George Greene, are black. Judge Bullock was appointed by the
Governor in Lg74 and was elected in 1976 and re-elected in 1980
and has breen serving continuously since L974. Judge Greene was
elected in L974, 1978 and L982. In addition, Acie Ward was appointed
by the Governor to t,he District Court bench in 1982. She was
defeated in her bid for election in 1982. The person who defeateci
her is white.

165. The Sheriff of Wake County, John J. Baker, JE., is black.
In LggZ, Sheriff Baker was elected to his second consecutive term.
Baker received 45,775 votes (53.5t) in the general election November
2, L982, while his Republican opponent C1yde Cook, received 25,646
votes (35.5t). In the Democratic primary held June 29, 1982 Baker
received 26,329 votes, Tracy Bowling received L2,2lB votes, and Ira
C. Fuller received 4,L62 votes. Cook, Bowling and Fu1ler are all
white. On November 2, L98z.,77.6\ of the registered voters in Wake

-38-



County were Democrats and 22.42 of the registered voters were
Republica ns .

L67. When John Baker first ran for Sheriff in 1978, he
received L5,250 votes in the Democratic primary compared to
15,102 foc Lestor Kelly and 7,409 for Robert Decatsye both of
whom are white. In the second primary Baker got 22,415 votes to
18,925 for KeIIy. In t,he General election Baker got, 32,882 votes
compared to 311682 for Cookr the Republican who is white. Baker
was't,he f irst black sherif f in North Carolina this century.

168. Wake County has a nine-member Board of Education, all of
whom are elected frcm districts. Currentlyr one of those nine
membersr Vernon }lalone, iS black. Malone vras elected frorn a
majority black district.

169. The Wake County Board of Elections consists of three
members. J. J. Sansom, Jtr. served from t'larch 2, 1970 until December
of L977, when he resigned. Rosa Gill has been a member since
December 6, L971 , and has been Chairperson since April 19 , L979.
Sansom and GiIl are both black.

170. There has never been a black chairman of the Wake County
Democratic Party.

17I. The City of Raleigh, Iocated in wake county, has a total
population of 150,255 according to 1980 census figures. 21.432 of
tne population and I8.It of t,he registered voters in RaIe igh are
b lack .

!72. Clarence E. Lightner, who is b1ack, was elected as and
served as Mayor of Raleigh frcnr 1973 to 1975. Raleigh is located in
Wake County lnd is the capital of North Carolina. Lightner is the
only black ltayor Raleigh has ever had.

173. The Raleigh City Council has 7 members, two elected at
Iarge and five elected frcnr wardsr plus the mayor serving ex-
officio. Since L979, Arthur Calloway, who is black, has represented
a majority black ward on the City Council. Calloway initially
defelted wiffiam Knight, also black, who served from 1973 until
L979. No other members of the Raleigh City Council are b1ack.

L74. House DistricE 8 (Wi1son,
be divided into four single-member
over 60t black in PoPulatioo.*

175. House District #B is not
ment. There has never been a black
district.

Edgecombe and Nash Counties) can
dist.ricts with one and only one

changed from the 1971 apportion-
representative from this

L76. Edgecombe County has a five-member Board of County Commissioners,
all of whom are elected at 1arge. Currently, th,o of those County
Commissioo€ls r Thomas Walke'r and J.O. Thorne, are black. 43t of the

iEach distr
and have a
minus 5*.

ict would be contiguous, reasonably compact,
populat.ion deviation of less than plus or

-39-



registered voters in Edgecombe County are bIack. Walker and Thorne
ar6 the first blacks to sen/e on the Edgecombe County Board of
Commissioners. Wilson County and Nash County have never had a black
county cornmissioner.

L77. Wilson County, Edgeccrmbe Countyr &od Nash County have not
had a black sheriff in this century. The voting age populaEion of
Wilson County is 32.4* black. The voting age population of Nash County
is 29.41 blalk. The voting age population of Edgecombe County is 46.7*
black. The Superyisor of Elections of Nash County recalls no black
candidate for sheriff over the last 20 years. Over the last twenty
years, only one black has filed for and run for the office of sheriff
in Wilson -ounty. Frank Jones, who is black, ran in L974. Out of the
field of four clnOidates, the incumbent, w. Robinson Pridgen, received
3 r586 vot,es in the f irst primary. Jonesr the black candidate received
2,480 votes in the first primary. Two other white candidates received,
respectively, L,662 and Lr27O votes, respectively, in the first
primary. pridgen defeated Jones in the second primary by.a vote of
'6 e,r1 eo 3.4f4. Over the last ten years only one black is known to
friie--f iled ior and r.rn for the of f ice of sherif f in Edgecombe County.

178. The f.iiIson, Edgecombe and Nash County Democratic parties
have never had a black chainnan.

I79. It is not possible to draw more than two single-member
majority black House districts in Guilford County. One majority
black district currentlY exists.

I80. It is not possible to draw more than one single-member
majority black Senate district in Guilford County. There is now a

single-member Senate district in Guilford County which is 54.9t
black in population.

I81. On December 3I, 1971, Alfreda Webb, who is black, was
appointed to replace t'tcNeil Smith, who is white, as a member of the
llorth Carolina House of Representatives from Guilford County. Webb
ran for re-election in L972 and losC in the primary.

182. Henry E. Frye, who was appointed co the North Carolj.na
Supreme Court in 1983 and who is b1ack, was elected to t,he North
Carolina General Assembly as a Representative from Guilford County
for the 1969-70, L97L-72, L973-74, L975-76, 1977-78 and I979-80
General Assemblies and was elected as a Senator from Guilford
County for the I9BI-82 General Assembly.' Frye did not run in
1982. Frye is one of seven Supreme Court Justices and is the
f irst black to self/e on t,he North Carolina Supreme Court this
ce ntury.

183 . I n t,he L982 elect ions for members of the 1983 General
AssembIy, william l'1. Martin, who is black, was elected from the 31st
Senate District, consist.ing of Jefferson Township, Greensboro Precincts

-40-



3, 4 | 5, 5, 7 , 8, g, 11, L9, 25, 29, and 30, !tig! Point Precincts 3,
,', 6', 7 , Ii, L2, and 19, Jamestown Precincts 1, 2, and 3, sumner
Township, and Block 921 of Census Tract 166 in High Point Township,
aI I in 6uilf ord County. The 3ls t Senat.e D is trict is 5 4 . 98 black in
population. In 1980 William Martin had run for the House of
i,.presentatives frcnt Guilford Count.y in . countywide.at' Iarge
etiction and lost. He rrras the only black candidate in t,hat election.

184. In t,he 1982 elect,ions for members of the 1983 General
Assemb1y, Herman C. Gist, who is black, and who is frcm Guilford
County, \das elected frcrn the 26th House District consisting of
Providence Township of Randolph County, Greensboro Precincts 5, 6,
7, 8, 19, 29, and 30 and Fentress Township of Guilford County, as a

member of the North Carolina House of Representatives for the 1983-
84 General Assemb1y. The 26th house District is 66.9t black in
population. Gist had run for city council for Greensboro in an
at-large election in 1980 and lost.

185. Guilford County has five County Commissioners elected at
large for four year staggered terms. Guilford County has not had a

blaik County Commissioner since 1978. At that time B. A. Hal1, who
had senzed lince L914, was defeated in his bid for re-election.
There had been no black County Commissioner in Guilford County prior
to L974.

I86. Guilford County is in a single-county judicial district
electing eight District Court Judges of whom currently one, WilIiam
Hunter, is 6lack. Hunter ran for judge in a countywide single seat
election in I98O and Io.st. He was appointed by the Governor in
198r.

187. Guilford County has never had a black Sheriff.

188. In February, L982, and in Apri1, 1982, the Senate
Redistricting Committee was informed that a Senate district could be
drawn in the area of Senate District,2 which was 59.4t black in
popula t ion.

189. In February, L982, the Senate Redistricting Committee had
before it, the proposal of the Black Lawyers Associatioo which con-
tained a proposed single-member district in the general area of
current Senate District which was 60.7t black in population.*

I9O. In February L982, SenaCe District *2 was 51.7t black. In
response to the objection letter of the AtEorney General of the
Uniled States dated April 19, 1982 (Exhibit Y), in April, 1982, the
General Assembly amended t,he apportionment of the Senate such that
SenaEe District *2 became a 55.lt black district. It is only
possible to draw a Senate district with a 60t or more black majority
in the area of Senate District *2 in part by decreasiag the 49.3t

*Each district would be contiguous, reasonably compact,
and have a population deviation of less than plus or
mi nus 5t .

-4 r-



black D€rcent,age in the area of Senate District t6. It is not
posslble to drlw two rnajority black Senate districts in these areas
with both of them qver 55S black in population.

19I. None of the counties in Senate District 12 had a black
sheri f f.

192. there are current,ly four black sheriffs in North Carolina.
they sorve in l{ake, Pcnder, New llanover, and Vfarren Counties. There
is currently one black Clerk of Court, in GatEs County.

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II. CONTENTIONS

A. Gineles Class as Plaintiffs in Gingles v. Edmisten:

Ralph Gingles, et al. contend that defendants' use of

najority white multimember legislative districts in those areas of

the state in which there are sufficient concentrations of black

voters Eo fo:m majority black single uember districts results in an

abridgement of the right of black citizens to vote on account of

their race. Defendants' use of muLtioember districts, taken in
light of all the circrmstances, has the result of preventing plain-

tiffs from electing representatives of their choice to the North

Carolina General Assembly. Plaintiffs contend that defendants' use

of multimember districts, under the eircunstances, violates $2 of the

Voting Rights Act of 1955, as amended by the Voting Rights Amendments

of L982, 42 U.S.C. S1973 (hereafter 'rS2rr) and the Equal Protection

Clause of the Fourteenth Amendment to the United States Constitution.

In particular, plaintiffs contend that the adoption of l{ouse

District No. 35 (Mecklenburg Cor:nty) (8 members), House District No.

39 (part of Forsyth Cor.nty) (5 nembers), House District No. 23 (Durham

Cor:nty) (3 members), Ilouse District No. 2L (Wake Cor:nty) (6 members),

House District No. 8 (trIi1son, Edgecombe and Nash Cor:nties) (4 mern-

bers), and Senate District No. 22 (Mecklenburg and Cabarrus Counties)
by submerging substantial concentrations of black voters

dilutes minority voCing strength/ into a larger white electorate and

by preventing members of the black community from electing represen-

tatives of their choice.

In addition, plaintiffs contend that Senate District No. 2,

which is 55.12 black in population but is only 46.22 black in voter

registration, results in the inability of black citizens to elect a

representative of their choice and that the North Carolina General

-43-



Asseobly, in enacting the Senate apportionment, intended that result.
The General Assembly had available to it a proposed district which

Inas over 502 black in population and a potential district which was

59.42 black in population. Instead of creating a district with an

effective black voting maJority, the General Assembly split the con-

centration of minority voters between Senate District No. 2, Senate

District No. 6 and Senate District No. 10, fracturing minority voting

strength and preventing black voters from electing a Senator of their
choice in any of the districts.

In addition, the gingks plaintiffs contend that the use of uulti-
member districts r:nder these circr:mstances and the configr:ration of
Senate Districts Nos. 2, 5 and 10 violate the Thirteenth and Fifr.-

teenth Amendments to the United States Constitution.

-44_ ,\
('if -i'l L cnti-eci )



B.. THE PUGH PLAINTIFFS CONTEND:

They are a salient class of voters entitled to raise equal
proaectiOn claims as to the use of multimember and sin9le
member districts.

Z. N.C.G.S. 120-1 and t2O-2 apportion North Carolina legislative
districts into single member and multimember districts.

3. That a voter in a multimember district has a more t,han Pro-
portionate chance of affecting an election outcome than does a
voter in a single member district through the use of weighted
voting.

4. That large multimember di"tri"t" tend eo elect rePresentatives
from certain limited, socio-economic classes.

5. That large mult,imember districts make it more difficult for a
voter to select from among the candidates comPared to the
ability of a single member district voter.

6. That candidates in large multimember districts have in order
to have a chance of success must run larger and costlier
campaigns than candidates in single member districts-

7. That Pugh Plaintiffs votes are effected by the use of such
districts because citizens of mult,imember districts have
oiminished access to the political Process.

8. That candidates in large multimember districts are accountable
to a larger number of constituents than in a single member
district.

9. That large multimember districts which contain concentrations
of minority voters have the effect of diluting minority voters.

10. That voters in large multimember districts specifically in
Wake, Durham, [ecklenburgr and Forsyth County have in the past
engaged in racial bloc voting.

11. That the use of county lines as a basis for drawing election
districts in Iarge multimember districts has the effect of
diluting minority votes.

!2. That the Legislature was aware of the discriminatory effect
of large nultimember districts and the use of county lines
in apportioning the Senate and llouse Districts.

13. That the Legislature adopted criterj.a for apportioning legis-
lative districts.

14. That statements of legislators made contemporaneously with the
passage of N.G G.S. 120-1 and L20-2 evidence both a racial ano
non-racial desire to gerrymander minority party voters and
minority race voters through the use of large multimember
d istricLs.

1.

-47 -



15. That the Legislature, notwithstanding the adoption of saidcriteriar pEovided for the ser.ectiori oi -rol-.." 
into tarqemultimember districts . an<i single member ai"trilt" aroitraiiiyand caPriciously in violation br said c.iieii"-i"a findings ofthe u. s- Attorney's office that large muitimJmoer districtsand f ailure to cross county l ines have the ai""ri*-irlii.geffect of diluting minority v-otes.

15' That the Legislature could have taken into account the racia]and political make up of the multimemoer districts.
l7 ' That th3re i.= " .Presumption of discrimination in the use ofmultimember districts which numericalry suo*iige minoritv-p..tvvoters and minority racial voters. - --J-

18' That the Legislature refused to consider alternative plansavailable ro ir ro avoid dilution of *i"oiiiy !}-oup".
19' That it is presumed the Legislature intended the foreseeableconsequences of its acts.
20' That the combination of multimember and single member districtsas provided for in N.c.c.s. 120-1 and ]2O:z is -not 

rationallyrelated to a compelling state purpose or interest.
2l' That the General Assembly under sections 3 and 5 of the con-stitution of North carolina restrict_s or precludes reapportion-ment by the General Assembly beyond the firsl-iegutar sessionconvening after the return of the decennial census.
22' That N.c.G-s. 120-1 and l2o-2 violate the Equal protectionclause of the 14th amendment and the Arti.cle I and section 19of the North Carolina Constitution.

-48-



C. Defendants' Contentions.

North Carolina General Statutes S120-I and S120-2, as
enacted in Chapters 4 and 5 of the 1981 Session Laws, First
Extra Session , L982, and amended by Chapter 1 and 2 of the
1981 Session Laws, Second Extra Session, L982, comply fuIly \in all respects with aII provisions of the United States and
North Carolina Constitutions and all relevant statutory pro-
visions. Specifically, the Iaws establishing the current
districts for election of Senators and Representatives to
the North Carolina General Assembly do not violate the
Thirteenth, Fourteenth, or Fifteenth Amendment to the Consti-
tution of the United States, 52 or 55 of the Voting Rights
Act, as amended, 42 U.S.C. 51973, or 42 U.S.C. S198I or 51983,
or any other provisions of 1aw whatsoever. These statutes
were enacted without discriminatory intent or effect and
neither abridge the right of black citizens to vote, dilute
minority voting strength, or deny black ci-tizens their
opportunity to elect candidates of their choice.

Defendants further contend that blacks have fu1l access
to the political process in North Carolina and that the existing
legislative districts afford black voters an opportunity to
elect candidates of their choice which is equalr or superior,
to the electoral opportunity provided by single member dis-
tricts advocated by the plaintiffs. In particular, the
existing districts in Wake, Durham, I"lecklenburg, Forsyth,
Nash, Wilson, Edgecombe Counties, and Senate District 2, and
any other districts targeted by plaintiffs, provide blacks the
opportunity to elect candidates of their choice.

Defendants further contend that black voters in North
Carolina are free from election practices, procedures or
methods, that deny them the same opportunity to partlcipate
in the political process as other citizens enjoy.

-qq-



III. LISTS OF EXHIBITS

A. Gingles Plaintiffs

Nr-mber

List of Exhibits

Title

1. Vita of Bernard N. Grofman

2. Senate P1an, Chapter 2, L982 2nd Extra
Session (M"p)

3. Ilouse P1an, Chapter 1, L982 2nd Extra
Session (M"p)

4. (a) and (b) House District 36, Mecklen-
burg County, Map and Legend

5. (a) and (b) llouse District 39, Forsyth
County (Part), Map and Legend

5. (a) and (b) House District 23, Durham
Cor:nty, Map and Legend

7. (a) and (b) llouse District 2L, Wake
County, Map and Legend

8. (a) and (b) House District 8, Wilson,
Edgecombe and Nash Counties, Map and
Legend

9. (a) and (b) Senate District 22, Mecklerr-
burg and Cabarrus Counties, Map and
Legend

10. (a) and (b) Senate District 2, Map and
Legend

11. "Effects of Multimember State House and
Senate Districts in Eight North Carolina
Counties, 1978-82," Grofman, 1983

L2. "An Outline for Racial Bloc Voting
Analysis, " Grofman, 1983

13. (a) and (b) Racial Bloc Voting Analysis,
Mecklenburg County, Senate L978 (Primary
and General)

(c) and (d) Racial Bloc Voting Analysis,
Cabarrus County, Senate 1978 (Primary
and General)

(e) and (f) Racial Bloc Voting Analysis,
lbcklsrbr:rg and Cabarn-rs Courties, Senate 1978
(Prirnary and C,eneral) 

-50-
Amended

Defendants
Obj ection

No Objection
No Objection

No Objection

No Objection

No Objection

iYo Obj ection

No Objection

No Objection

No Objection

No Objection

No Objection

No Objection

No Objection

No Objection

No 0bjection



Nr.:mber Title
Defendants
0bj ection

No Objection

No Objection

No Objecti.on

No Objection

No Objection

No Objection

No Objection

(gl Racial Bloc Voting Analysis,
Mecklenburg County, Senate 1980
(Prinary only)

(h) Racial Bloc Voting Analysis,
Cabarrus County, Senate 1980 (Primary
only)

(i) Racial Bloc Voting Analysis,
Mecklenburg/Cabarrus Counties, Senate
1980 (Primary only)

(j)_ and (k) Racial BLoc Voring Analysis,
Mecklenburg Counry, Senate L982 (Primary
and General)

(1) and (ro) Racial BLoc Voting Analysis,
Cerbarrus County, Senate L982 (Primary
and General)

(n) and (o) Racial Bloc Voring Analysis,
Mecklenburg/Cabarrus Counties, Senate
1982 (Primary and General)

(p) Ctrarlotte Observer, April L7, 1980,Apriffi?z,'L980, April
30, 1980

L4. (a) and (b) Racial Bloc Voting
Mecklenburg County, House, 1980
and General)

(c) and (d)
Mecklenburg
and General)

Analysis,
(Primary

No Objection

Racial Bloc Voting Analysis,
County, llouse, L982 (Primary

No ObjecEion

15. (a) and (b) Racial Bloc Voting Analysis,
Forsyth County, House L978 (Primary
and General)

(c) and (d) Racial Bloc Voting Analysis,
Forsyth County, House 1980 (Primary and
General

(e) and (f) Racial Bloc Voting Analysis,
Forsyth County, House L982 (Primary and
General

(h) Racial Bloc Voting Analysis, Forsyth
County, Senate 1980 (Primary)

16. (a) and (b) Racial Bloc Voting Analysis,
Durham County, House L978 (Primary and
General )

(c ) Racial Bloc Voting Anal.rsis , Durham
CounEy. House 1980 (GeneraI)

- 51-
Amended

No Objection

No Objection

No Objection

No 0bjection

tllo 0b i ecti-on

No Objection



Nurnber Title

(d) and (e) Racial BLoc VotingAnalysis,
Durham County, House L982 (Primary and
General )

(f) Racial Bloc Voting Analysis, Durham
Cor:nty, Senate L978 (General)

L7. (a) Racial Bloc Voting Analysis, Wake
County, House L978 (Primary)

(b) and (c) Racial Bloc Voting Analysis,
Wake County, House 1980 (Primary)

(d) and (e) Racial Bloc Voting Analysis,
Wake County, House L982 (Primary and
General )

18. (a) Racial Bloc Voting Analysis,
Edgecombe Cor:nty, House L982 (Primary)

(b) Racial Bloc Voting Analysis, Wilson
County, Ilouse L982 (PrimarY)

(c) Racial Bloc Voting Ana1ysis, Nash
County, Ilouse L982 (PrimarY)

(d) RaciaL Bloc Voting Analysis, l{ouse
District No. 8, House L982 (Primary)

(e) and (f) Racial Bloc Voting Analysis,
Edgecombe County, Congress L982 (First
and Second Primaries)

(g) and (h) Racial Bloc lgg1ng-Analysis,
Wllson County, Congress L982 (First and
Second Primaries)

(i) and (j) Racial Bloc Voting Analysis,
Nash County, Congress L982 (First and
Second Primaries)

(k) and (f) Racial Bloc Voting Analysis,
Edgecombe County Conrnission 1982 (Primary
and General)

(m) Racial Bloc Voting Analysis, Wilson
County, County Couurission L976 (Primary)

(n) Racial tsloc Vocing Analysis, Nash
County, County Cornsrission L982 (Primary)
(o) and (p) Racial Bloc Voting Analysis,
Wilson-Edgecombe-Nash, Congress L98Z
(First and Second Primaries)

*Defendants contend that analysis of counties is
-52-

Amended

Defendants
Obj ection

r.o Objection

No Objection

No Objection

No Objection

No Objection

No Objection*

No Objection

No Objection

No Qbjection

No Objection

No Objection

No Cbjection

No Objection

No Objection

No Objection

irrelevant.



Number Title
Defendants
Obj ection

No Objection

No Objection

None

(22-37 )
Relevance, materia-
f.ity and hearsay (as
to the truth of the
substance )

19. Electoral Participation and Suceess
by Race, L970-L982

20. "TLre Disadvantageous Eff ects of At-
Large Elections on the Success of
Minority Candidates for the Charlotte
and Raleigh City Cor:ncils," Grofman,
198 3

2L. Vita of Harry L. Watson

22. Raleigh News and Observer, L/30/L898,
Cartoon

23. Raleish News and ObServer, L0ll-slL898,
Cartoon

24. Raleigh News and Observer, 7/4/1900,
Cartoon

25. "trlhite People trIake Up," LeafLet, 1950

26. (a) Raleigh News and Observer, 5/26/54,
tgft tisement)

(b) Raleigh News and Observer, 5/27/54,
(Ker sement )

(c) Raleigh News and 0bserver, 5/28154,
(Ker sement )

(d) Raleigh News and 9bseryel , 5128/54,
''A1E

(e) Raleigh News and Observer, 5/29154,
(Alt tisement )

27. (a) Raleigh News and 0bserver, 51L9160,
"Lak gregation
Issues"

(b) Raleigh News and Observer, 5/26/60,(Lak j

(c) R.aleigh News and Observer , 5/26160,
(tat )

28. Raleigh News and Observer, 612/64, "Moore
Seeks Runoff"

-53-



Number

38.

39.

40.

41.

Title
Defendants
Obj ection

Relevance, materia-
1ity, hearsay

Relevance, materia-
lity, hearsay

Inadequate
foundation

29. CharLotte News, 5/2L/64, Political
ffi(Moore)

30. Releeelr Nqqs and Observer, 6/2L/64,
(Preyer)

31. Raleigh News and Otrserver, L0lL4/64,
oldwater)

32. Raleieh News and Observer. LL|T/66.
Smear Tactics"

33. Baleigh News and Observer, L0120/68,
oU Scort)

34, Raleigh News and Observer , LLl2/68,
im Gardner)

35. Raleigh News and Observer, l0 . 25 I 65 ,
alLace )

36. Charlotte News , LO/29/68, Polirical
ffi(Wallace)

37. (a) Raleigh News and Observer , 515/72,(PoI red
Concerned Citizens of Raleigh)

(b) Raleigh News and Observer , LOILS/22,(Pol ocrats
for l{elms )

(c) Raleigh News and Observer , L0/27 /72,r-(Political Advertisement - Democrats
for Helms)

(d) Raleish News and 0bserver. LL/L0/72.(Pol ocrats
for Helms)

Wlrite and, Black Voter RegistraEion in
11 Southern SEates

I omitted]

Voter Registration by Race: North
Carolina v. Sratewide, 1960-L982 (graph)

Black Elected Officials in Norrh
Carolina , L970-.1981

-54-



Number

42.

43.

44.

46.

47.

48.

49.

50.

51.

TitIe
Defendants
0bj ection

None

None

(44-s1)
Relevance, materia-
llty, and hearsay
(as to the truth of
the substance)

Relevanee, oateria-
lity, hearsay

Relevance, materia-
lity
Relevance, rnateria-
lity, hearsay (as to
truth of substance)

:'
..!,

None

Relevanee, materia-
f-ity, hearsay

None

Statutes providing for segregation

Vita of Paul Luebke

Durham.Morning IIeraId , 9lL0 /76,
t (Green)

45. Charlotte_ lbSSrver, 9 /L2 I 79, Letter
to the Editor

Charlotte Observer , g/Lg/7g, EdLtoriaL

Charlotte 0bserver , gl2Ll79, PoLiticalffir
Charlotte Observer, g / 23/79, PoLitical
ffi)(2pp1
Charlotte Observer, 9/25179, Newsffi
Durham Morning Herald, 4/ /80, Article

Durham Morning Herald, 5/4/80, Political

51A. Raleigh News and Observer, L0/28180,

5LB. North Carolina Anvil, 5lL5l81, "Durham
Democrats Endorse Wtrite Slate"

52. Letters from Tim Valentine Carnpaign

53. (a-h) Political Adverrisemenrs byHelms
for Senate, I983

( i) !he=1g!!9_ lb_qerre11 , 6 /9 183 , "AdsSignffii'
(j ) List of Newspapers in which Helms
Ads were run

54 . Durham Mornrng_-Heralg , 7 /25 /BZ , re :

---.Secono Hrrmary

55. North Carolina Institute of Govern-
gel!, Legislarive Reporting Service,
2lLL /83

-55-



Nr-:mber

55. Demographic Abstract of Mecklenburg
County

57 . Denographic Abstract

58. Demographic Abstract

59. Demographic Abstract

60. Deoographic Abstract

61. Demographic Abstract
County

52. Demographic

53. Demographic

64. Demographic
County

65. Demographic
Cor:nty

66. Demographic

67. Demographic

68. Demographic

69. Demographic
Cor-rnty

of Forsyth County

of Durham County

of Wake County

of Wj.lson County

of Edgecombe

Defendants
Obi ecEion

None

None

None

None

None

t{one

None--

None

None

None

None

None

None

None

None

None

None

7L-7 4
Defendants stipulate
that these four docu-
ments are authentic
and were produced at
the request of Ehe
North Carolina State
Government. Defen-
dants object on the

Abstract of Nash County

Abstract of Halifax County

Abstract of Northampton

Abstract of Hertford

Abstract of Gates County

Abstract of Martin County

Abstract of Bertie County

Abstract of Washington

70. Demographic Abstract of Chowan County

70A. Demographic Abstract of SLate as whole

70B. Ch4r1otte_!bserver, 5/2L/83, "Scores
ffis Narrowing Gap"

7L. "Patterns of Pay in North Carolina
State Governme[t, " Office of State
Personnel, Executive Surnrnary

72. "Institutional Racism/Sexism in North
Carolina St:ate Government. " pp . L-24a
and 48-65.

-56-



Nr:mber Tirle

73, "Housing for North Carolinians:
Policy and Action Reconmendations, "
North Carolina Department of Natural
Resources and Coumunity Development

74. "Nc;rth Carolina Housing Element,"
L972, North Carolina Department of
Natural Resources and Couurunity Deve-
lopment, pp. 10-17

75. Vita of Thad L. Beyle

75A. Letter from Huskins to Sullivan

76. Campaign Finance Reports from Mecklen-
burg County General Assembly El-ections

77, Canpaign Finance Reports from Forsyth
Cotrnty General Assembly Eleetions

78. Caupaign Finance Reports from Durham
County General Assembly Elections

79. Campaign Finance Reports from Wake
County General Assembly Elections

80. Voter Turnout, RegisEration Data and
. Vote Abstract from Ballance-Hux
Primary, L982

8L. Caurpaign Finance Reports from Hux-
Ballance election, L982

82. Vira of Alex IaI. Willingham

83. Excerpts from the Transcripts of the
House and Senate Redistricting Committees
and of the Senate floor debate

84. Raleigh News and Observer, Z/LOlL98Z'pt;;;'.iiiIi"""
85. Appointments of Women, Blacks andlndians

(a) Comparison of nine executive officials(Table 5 )

(b) Comparison of Governor Hunt and former
Governor Holshouser

Defendants
Obj ection

grounds of relevance
materiality, hearsay
and opinion testimony

None

N<;ne

None

None

None

N(,ne

None

None

None

N<;ne

None

Hearsay

Hearsay

Hearsay

-57 -



Number Title
Defendants
0bjection

(c) Boards and Conmrissions with no Hearsay
Blacks

(d) Expl.anation of Criteria Hearsay

-58-



B. Pugh Exhibits

Number Title
Defendants
Obiection

Materiality

No Objection

No Objection

No Objection

No Objection

No Objection

No Objection

No Objection

1. Largest Multimember House, Senate
Districts; Largest Counties not Relevancy,
subject to Section 5 by Republican Materiality,
and black registration. Hearsay

2. Vita of Theodore Self Arrignton No Objection

3. Chart Illustrating the Relationship
between Vote Percentage and Seat '
Percentage for Single llember Relevancy,
Districts whose Equipopulation Materiality,
Districts have been Randomly Drawn. Hearsay

4. Comparison of black population and
black representation in North
Carolina Legislature. Resenre Objection

5. Comparison of Republican vote for
Governor and Republican representa-
tion in the North Carolina Legisla- Relevancy,

8. Mecklenburg, Cabarrus: Senate:
Democratic Primary, 1980 4 seats. Reser/e Objection

9 . lttecklenburg: House: Democratic

ture.

5. Mecklenburg County Democratic
Primaryr 1980.

7. llecklenburg County General Electj.on,
1980.

Prj.mary , L982.

10. Mecklenburg: House: General
Election: 1982: 8 Seats

11. Mecklenburg Cabarrus: Senate:
Democratic Primary: L982.

12. Mecklenburg Cabarrus: Senate General
Electi.on: 1982 .

13. Durham: House: Democratic Primary:
1982: 3 Seat,s.

14. Forsyth: House: General Election: Relevancy,
1982: 5 Seats. Materialicv

15. Forsyth: House: Democratic Prinrary: Relevancy,
1980: 5 Seats. Materialiry

-5 9-



Number

16.

L7.

18.

19.

20.

2L.

TitIe
Forsyth: Eouse: General Election:
1980: 5 Seats.

l{alce: Eouse: Damocratic PrimarT:
19S2: 6 Seats.

Hake: Eoule: General Election:
1982: 6 Scats. 

_.

I{aka: Eouse: Denocratic Pri-mary:
1980: 6 Seats.

Wake: Eous€: General Elactionss
1980: 6 Seats.

Cabarns, Stanley, Union: Eousc:
General Blection: 1982: { Seats.

Defendants
Obiect*.on

Relevancy,
tlateriatlty.
Relevancy,
llateriality :

Relevaney,
Materiality
Relevancy,
Materialiry -

ReLevancy,
liateriallty -

ito ob3 ecrion

-60-



c. Defendants' Exhibits

Nurnber Title

10.

11.

Gingles
& Pugh
Ob'i ection

No Objection

No Objection

No Objection

No Objection

No Objection

Hearsay

Relevancy

No Objection

Relevancy,
Hearsay

1.

2.

3.

4.

Special Memorandum dated November
30, 198I, from Robert W. Spearman
and Alex K. Brock to A11 County
Board Members and Supervisors.

Memorandum dated December 14,
1981, to North Carolina County
Elections Boards and Supervisors
from Robert W. Spearman, Alex K.
Brock and James F. Bullock, Senior
Deputy Attorney General

l,lemorandum dated January 29 , L982,
to County Board I'lembers and Super-
visors from Bob Spearman and Alex
Brock.

Form letter dated February 18,
1982, addressed Dear Friend from
James B. Hunt, Jr., Governor and
Robert W. Spearman.

Press release, dateline Raleigh,
March 31, 1982, with announcement
by Robert Spearman and Alex Brock

Lists of minority organizations
invited to Citizens Awareness
YEar luncheon and semi-nar.

Form let,ter dated April 28 , L982,
from Robert W. Spearman.

Brochure "Citizens Awareness Year
1982" (First Edition April 1982).

llemorandum dated June 25, L982, to
Robert Spearman from Lee Wing,
Executive Director of the North
Carolina Agency for Public Tele-
communications.

No Exhibit.

Memorandum dated August 6, L982,
to A11 County Elections Boards
from Bcb Spearman and Alex Brock.

5.

6.

7.

8.

9.

-61 -

No Objection



Nurnber

Gingles
& Pugh
ob'iection

12.

13. :

14.

15.

16.

17,

18.

19.
.

21,

2t.

22.

Memorandum dated August 27,
County Boards of Elections
[6l!grrt W. Spearman

1982, to
from

Objection

Raleigh,

Letter dated January 14, 1983, to
Governor James B. .Hunt, Jr. r'..'.Lieutenant Governor James Green , .

.. Speaker Liston Ramsey, Representa-
..tive J. I{orth Gentry, Senator Wilma
. Cr' Woodard from Robert 'rl. Sp.earman

a:ia Alex K. Brock. ,.

List of County Board of Elections
members and chairmen

Minority Appointments and FmpJ.oymentltighlights (1981), u,-- ' 
.

Computer print-oui listing all
current. appointments of black
citizens by Governor James B.
Hunt, Jr

Minority. Appointment Highlights
(rets3).

Crrrren? stati stics on Governo::
H$frtts minority appointments for
sdlected counties.-

House Bi]I 558 March 29, 1983 ,
A BilL ,to be Entitled an Act, to
Provide a llanner of Election of
the Wake County Board of Education
(locaI) .

.Artic1e from (Raleigh) News and
Observer, May 10, 1983, regarding
Vernon l,taJonets opposition to
continued use of district method
of election of rnembers of the
Wake County School Board

-62-
(

f "t}^'v r'<\'' t

No objection, subjectproper found,ation
to

'No Objection

rlearSay

Relevancy

Relevancy

Relevancy

ReLevancy -

Relevancy

Hearsay



TitIe
Gingles
& Pugh
gEject&!Number

23. Times

Objection

25.

26.

27.

28.

29.

32

33.

39

31

Article from TLre Charlotte S,
May. 1, 1980, ffiaIffiffid-

Relevance

Relevance

No objection if I..legend:are supplied and maps areaccurate, based on legend
& 2. the possible d,islric:rre srrppiierl and -,h::y are
accurate. .

ditto 
.

. . i.

- '- . , . .

i.Iot served on plaia.ti-f f s'
& irrelevant, othenrise-
sarne as 29-32. -; . ...:

. 1.-i .

, *)'

Alexander, deceased candidate
for House of' RepresEntatives,
District 36, in 1980 Democratic
PEimary.

The Democratic Partv of North -.
nr :

.:

Democratic Party Delegate Sel.ection
Plan for 1984

Detailed map showing concentrations
of black population and possible
districts for lfinston-Sal_em

De'ia.ileri r,rap, sh<>wir.g eonccntrations,
of. bl.ack population and possible
diBtricts for Charl.otte.

Detail.ed map showing concentrations
of black population and possible
districts for Raleigh.

Detailed map showing concentrations
of black population and possible

'districts for Durham. .

Detailed rnap showing concentruiiont
of bLack population and possible
districts for Falretteville.

-A?-



Number___:_
84,

37.

40.

41.

42.

.:'...-

43.

44_.

45.

Title

'38. Curriculum vita of A. J. Howard : , ' ' 
., :r..- ,..

s9- Excerpt-from ilouse Legislative :-..- '-,.-J.':.1:'-,r

CurricuLum vita of John Sanders..

.''I:il.:::.1"li,,9^::b.ornmitteetaeetin9,...
:,.i::;Eiil;ili,#,:iti.i:p-:lil'"" , ,'r ,, i,.*

:. . ,, ,'.tlel.spaulding (from Stip"iutioi-l'ExhibitLtL):,. '... 
.

Excerpt from Joint public
Hearing-House Redi stricting,
I'ebruary Ar 1982, Tape Z-pL'l,
ldalachi Greene (from- Stipuf +ibirExhibit Aiu{): . -,--'----.',.
Memorandum dated December 2g,1970, from Alex K. Brock ro
Chairman and Executive Secretaryof County Board of EJections.
RuLes and Administrative pro-
cedures Adopted by the Sta.-,e
Board of E.lection_s of NorthCprolina ,:o be in Effect fortire November 7, Jg7Z, GeneralElection and Until FurtherNotification by.the State Board

Letter- datecl February Z, LggZ,
from Arthur Griffin to iouise'
.Brennan
U1p shor,ring demographic distribu-tion by race statewide.

Ratified House BiIl 796, dated
May 26, 1983, entitled "An Actto Permit a Local School Adminis_trative Unit t:ith l,tore than
?0,000 Studenis to Extencl theProbationary Period for lrlon-
tenured Teachers.',

-64 -
/i,r, onobal

No Objection

No Objection

He.arsay, relevarr".l . .'.....'

Iot served on plaintiffs
but no objectio", -ii---"accura'te :

;'!-

,t
:

Re1 evancy



Gingles
& Pugh

Number

45. Chart indicating current number
of bLacks on the County Democratic
Party Executive Committee for
seLected counties

47. Letter from Kaye Gattis to James
Wallace, Jr., 7-15-83

48. Article from g. !. Insight entitled
"The Runoff .Frifrar![a-Eth to
Victory" bY llark Lanier

49. EditoriaL from Charlo.ttq observer,
2-4-82

!50. Editorial from Ralej.qh Times,
t 7-15-83.

-6 s-
R vra'^a*t

objecti.?n

No objection

Eearsay, relevance

No Objeetion with
supporting witness

Untimely, heargay,
opinion

Untime1y, hearsay,
relevance, opinion
testimony



Mitness Lists
Gingles' Plaintiffs Witnesses

A. Dr. Bernard Grofman
University of California at lrvine
Irvine, Calirfornia

Dr. Grofman will testify about how the use of rruLtimeuber

districts in the North Carolina General Assembly results in the

submergence of conmrunities minority citizens, about uhe racial
polarization of voting in North carolina elections, and about

other barriers which prevenE the black cornmunities from electing
representaEives of their choosing. in addition, Dr. Grofman will
testify about themannerinwhich Senate District ll2 fractures mj-nor-

ity voting strength and prevents black citizens from electing a

candidate of iheir choice.

B. Dr. Harry L. Watson
DepartmenE of History
Uni.versity of North Carolina-Chapel Hill
Chapel Hill, North Carolina 275L4

Dr. watson wlll testify about the history of official and

unofficial discrimination in North Carolina, participation of blacks
in the politi-ca1 process, the historic use of racial appeals in
North carolina politics, and changes in the role of cor:nty govern-
ments.

C. Dr. Paul Luebke
Department of Sociology
University of North Carolina at Greensboro
Greensboro, North Carolina 274L2

Dr. Luebke will testify about socio-economic factors which
affect black participation in the political process, the continuing
use of racial appeals in elections in North carolina, and the
social and economic roles of counties in North carolina.

-66-



D. Dr. Thad L. Beyle
Department of Political Science
University of North Carolina
Chapel HilI, North Carolina 275L6

Dr. Beyle will testify about the majority vote requirement

and the tenuousness of the policy of using whole countries j.n

apportioning the legislature.
E. Dr. Alex trI. Willinghan

200 St. Luke Street
Shreveport, La. 71101

Dr. Willinghan will testify about the lingering effecrs of

Past discrimination, about barriers to the participation of black
citizens in the political process, and about how these operate

in North Carolina's legislative districts to dilute minority voting

strength.

F. Phyllis Lynch
609 Baldwin Avenue
Charlotte, North Carolina 28204

Ms. Lynch will testify about the racial polarization of politics
and about barriers to effective participation by black people in the

electoral process in MeckLenburg Cor:nty.

G. San Reed
3040 Cricketeer Drive
Charlotte, North Carolina 282L6

Mr. Reed will testify about barriers to registration of and

participation by black citizens in Mecklenburg County.

t{. Larry Lirrle
2342 Oklina Avenue
Winston-Salem, North Carolina 27105

Mr. Little will testify about barriers to participati-on of black

people in the electoral process and about the racial polarization of
politics in Forsyth County..

I. Wi1lie Lovett
835 Jerome Road
Durham, North Carolina 27713

-67 -



l,lr. Lovett will testify about barriers to participation of

black people in Ehe electoral process in Dr:rham County and about

the racial polarization of poLitics in Durham County.

J. Willian Windley
1505 Dudley CircLe
Raleigh, North Carolina 276L0

Mr. Windley will testify about racial poLarLzation in Wake

County and about the diffieulty of the bLack comnunity in e1-ecting

rePresenEatives of its choosing.

K. G. K. Butterfield
615 E. Nash Street
Wilson, North Carolina 27893

Mr. Butterfield will testify about racial poLarLzation in the

political process in Wilson, Edgecombe, and Nash Counties and about

barriers to effective participation by bLack ciEizens in the political

process in those counties.

L. Fred Belfield
L029 Moore Street
Rocky Mount, North Carolina

Mr. BeLfield will testify about barriers to effective Partici-
pation by black citizens in the political process in Edgecombe and

Nash Counties.

M. Joe P. Moody
Route L, Box 128
Roanoke Rapids, North Carolina

Mr. Moody will testify about barriers to the participation of

black people in the political process in Halifax County and in other

counties in Senate District No. 2.

N. Rep. Frank Ballance
P. O. Box 358
Warrenton, North Carolina 27589

Representative Ballance will testify about the polarization of

voting and about barriers to effective participation by blacks in

- 68-



the political process in Halifax, Northarnpton, Gates, Martin, Bertie

and Hertford Cor:nties. Representative Ballance will also testify

concerning the accountability of black legislators elected from

najority black and.majority white districts.

0. Rep. Kenneth Spaul,ding
2 Shel1y Place
Durham, North Carolina 27707

Representative Spaulding will testify abouE his efforts to get

the legislature to adopt single member district and about his efforts

to repeal the oajoriEy vote requirement.

P. Arthur Griffin
5822 Rimerton Drive
Charlotte, North Carolina

Mr. Griffin will possibly be called as a rebuttal witness to

the testimony of Louise Brennan

a. Plaintiffs reserve the right to call any of the followlng

oembers of the staff of the North Carolina General Assembly to testi-

fy about the process and events leading up to the adoption of the

apportionment of the North Carolina l{ouse of Representatives and

Senate: William K. llale, Terence Sul.livan, Gerry F. Cohen and

Daniel Long.

R. I^Iilliam B. D. Culp
Mecklenburg County Board of Elections
710 East 4th Street
Charloute, North Carolina

I,Ir. Culp may be called as a rebuttal witness concerning

polarized voting, minority participaEion, and registration

pracEiees in Mecklenburg CountY.

-69-



S. Ilarold Webb, Dlrector
N.C. Offlce of State Personnel
Raleigh, North Carolina

Eva Clayton
N.C. Departanent of Natural Resourceg

and Cot*lrunlty Developuent
Ralelgh, Norch Carollna

Ur. I{ebb and Ms. Clayton wlll be called only lf defendant's

prevall on thelr hearaay obJections to GlnFles Exhlbtts 7L-73.

f . Jaoes l{est Bryan
N.C. Ceutcr f,or Public Pollcy Research
Post Office Box 430
Ralelgh, North Cerollrra 27602

!tr. Bryan rtll cestify as Eo the accuracy of Gi+Fles Exhlblt
85 oaly if plainclff'e obJectlon to the relevance of the tcsttoony

of Leslle Bevacqua is overruled and lf defendants prevail on their
hearsay objectlon to Exhibtt 85.

-70-



,

B. The following is a list of names and adoresses of all known
witnesses the Pugh, €t il, Plaintiffs may offer at the trial,
cogether with a brief statement of what counser proposes to
establish by the testimony of each witness:

A1 an Y: !qgh , 119 Worth St, reet, Asheboro, lirorth Carol i na ,2TMT_
Pugh will testify to the experience he hao as a Republican
canoidate in the 1982 election for mult.imember Senate District
and the oiffieulty which a multimember district presents to
a nonincumbent minority party candidate for office in such
d istrict.
Joe H. Hege, L526 Greensboro Streetr Lexington, North Carolina,
TTl9-7.f7ft.ilfrier Representat ive ) .

Hege will testify as to the deliberations of the House Re-
districting Committee. The inability of alternative re-
districting plans to receive proper staff support for consid-
eration of aLternative plans when presented.

Dr. Theodore Arrington, 3222 Denson Place, Charlotte, North
c

Dr. Arrington will be tendered as an expert in PoIitical Science
and his testimony will include the conclusions previously
submitted in his Affidavit including. the mathematical model upon
which multimember district voters have a greater proportionate
vote, the eosts of campaigns in multimenrber districts bloc
voting analysis, ano submergence of minority voters in large
multimember oistricts.
P. Ellis Almond, Route 3, Box 570-A, Albemarle, North Carolina,
ffipresentative).
1,1r. Almond will test if y as to the leg lslative process under
wh ich Stanly County hras moved f rom a s ingle member to a mult j.-
member district.
J. Howard CobIe, Representative, Post Office Drawer-D, Greens-
ffilina 2"t402.

1.

z.

3.

4.

5.

6.

lvlr. Coble will testify as to his experiences in
member district and smaller multimember oistrict
in campaign expenses, voter account.ability,
delegation.

James M. Craven, Post Office Box 44, Pine Bluff,
2837 3.

Mr. Craven
Redistrict
districting
erat ion of

a large mu1ti.-
representat ive

cohes ion among

North Caro1ina,

will testify as to the oeli.berations of the House
ing Committee. The i nabil ity of alternat ive re-

plans to receive proper staff support for consio-
alternative plans when presenteo.

-7L-



7. Harol.d J. Brubakcr, Route 3, Box '200, Asheboro, North carolina
@eentative).
llr. Brubaker will testify as to the division of Randolph Countyinto two slngle ncmber districts.

In addition to the above-naned witnesses, th€ P_ugh Plaintiffs maycall the witnecsqs of the Gingles Plaintiffs at Elt-addreaaes listed
abovc for the tcetiraony of-iEc itness as indicated.

-72-



2.

c.

1.

Defendants' Wi-tnesses.

Name

Robert W. Spearman
Chairman

John Sanders
Director

MarshalI Rauch
Senator

Daniel T. Li1ley,
Representative

Address

N. C. State Board
of Elections,
414 Fayetteville

Street Mal1
Ralej-gh, NC 27602

Institute of
Governrnent
Knapp Building
Chapel Hil1, NC 27514

6048 S. York Rd.
Gastonia, NC 28052

First Financial
Savings & Loan
Building

N. Queen Street
Kinston, NC 28501

Proposed Testimony

Establish the fact
that the Board of
Elections has made
substantial efforts
to increase the voter
registration percentage
of both blacks and
whites in the State
and that the results of
those efforts have been
favorable.

Establish North
Carolina's long history
of protecting its one
hundred counties from
division in the creation
of legislative districts,
and '.o establish the
preference of North
Carolina' s legislators
and voters for legisla-
tive districts made up
of whole counties.

Establish the fact that
the General Assembly did
not intend to discrimi-
nate against minorities
when it reapportj-oned
legislative districts
and that the legislators
preferred to avoid,
whenever possible,
dividing counties in the
creation of legislative
districts.
Establi.sh the fact that
the General Assembly did
not intend to discrimi-
nate against minori.ties
when it reapportioned
legislative districts
and that the legislators
preferred to avoid,
whenever possible,
dividing counties in the
creation of legislative
districts.

3.

4.

-73-



5.

Name

Al1en Adams
Representative

A.J. Howard
Clement, III

Louise Brennan
Representative

Leslie Bevacqua
Appointments Aid
to the Governor

9. Thomas Hofeller

Address

4L4 Fayetteville
Street Ma11

P.O. Box 389
Raleigh, NC 27602

2505 Weaver Street
Durham, NC 27707

2101 Dilworth Rd.,
East

Charlotte, NC 28203

Administration Bldg.
Rm. L26
Raleigh, NC 27611

9005 Vernonview Dr.
Alexandri-a, Va. 22308

Proposed Testimony

Establish the fact that
black people have fu1l
access to the political
process in Wake County
and that they are able
to elect the candidates
of their choice.

Establish the fact that
black people are divided
in opinion on the
desirability of creating
single member distrlcts
and that Iegislators
were aware of that fact
when they reapportioned
North Carolina. He will
also establish the fact
that black people have
full access to the
political process in
Durham County and that
they are able to elect
the candidate of their
choice

Establish the fact that
black people have ful1
access to the political
process in I'tecklenburg
County and that they are
able to elect the
candidates of their
choice.

Establish the fact that
a significant number of
black people have been
appointed by the
Governor to fill official
positions in the State.

Establish the fact that
racial polarization does
not prevail in North
Carolina elections and
that the creation of
single member legislative
districts might serve to
reduce the number of
black people who have a
chance of being elected
to the General Assembly.

7.

8.

-7 4-



Name

10. Kaye Gattis

11. Kenneth SPaulding
Representative

Address

State Democratrc
Party Headquarters
P.O. Box L2L96
Raleigh, NC 27505

P.O. Box 1345
Durham, NC 27707

Proposed Testimonv

May be ca11ed t,o authen-
ticate the N. C. Demo-
cratic PartY's PIan of
Organization and the
Democratic PartYrs
Delegate Selection Plan
to the 1984 Democratic
National Convention.

Establish the fact that
he informed the N. C.
House of Representatives
Reapportionment Committee
that black people in
Durham County would not
be benefitted by the
creat,ion of single member
legislative districts in
that county.

Establish the fact that
he opposed the recent
creation of a district
method of election of
members to' the Edgecombe
County School Board on
the ground that, district
elections would minimize
the election of blacks
to that body and that
he reported the creation
of electoral districts
to the Voting Secti.on,
Civil Rights Division,
U.S. Attorney General as
a change in election
laws, designed to dj.scri-
minate against black
people.

Establish the fact that
he encouraged RePresen-
tative A1 Adams to
introduce legislation in
the General AssemblY
designed to eliminate the
district method of ektio
of members to the Wake
County School Board
because such a method of
elections leaves blacks
without a voice in that
county's school board
policies.

L2. Joe W. Dickens, Jr.P.O. Box L29
Associate Tarboro, NC 27886
Agricultural
Extension Agent

13. Vernon Malone 2124 LYndhurst Dr.
Ra1eigh, NC

-7 5-



15.

15.

Name

14. Joe Ferrell

R. Kenneth Babb
Chairman, F'orsyth
County Board of
Electi.ons

Charles Brady Hauser
Representative

LucilIe Suiter
Administrati-ve
Assistant

Terrence D.
Director of

Research

Address

Institute of
Government
Knapp Building
Chapel Hi1I, N-Cr

27 5L4

350 NCNB Building
Winston-Salem, NC

2072 K Court
Ave. , N.W.

Winston-Sa1em,
NC 27105

Proposed Testimony

Establish the fact that
countj-es qua counties are
of extreme importance in
the administration of
legislative policies .
across the State.
-Establish the fact that
black people have fu11
access to the political
process in Forsyth County
and that they are able to
elect the candidates of
their choice.

Establish the fact that
black people have fu1I
access to the po11tica1
process in Forsyth County
and that they are able to
elect the candidates of
their choice.

To authenticate memoranda
disseminated by the
Board of Elections to
County Boards of Election
(Defendants' Exhibits 41
and 42) .

To various matters
relating to the State
Legislatj-ve Reapportion-
ment process.

To various matters
relating to the Stat.e
Legislative Reapportion-
ment process.

l7

18

N.C. State Board
of Elections
Suite 801, Raleigh
Building

5 W. Hargett St.
Raleigh, NC 27601

Sullivan Legislative Office
Buildinq

19. William HaIe

300 N. Salisbury St.
Raleigh, NC 276LL

Division of Research
Legislative Office
Building

300 N. Salisbury St.
Raleigh, NC 275LL

-7 5a-



Defendants' Witnesses (continued)

Address Proposed Testimony

20. Mark Lanier 121.5 West Main St. Establish foundation for
Carrboro, NC introduction of article,

275t0 "The Run off Primary A
Path to Victory,'
Defendantsr Exhibit 48,
and testify concerning

. conclusions and analysis
in that article.

2L. Malachi Greene 1820 Seigle Ave. Establish the fact that
Charlotte, NC black people have fulI

28205 access to the political
ptrocess in l{ecklenburg County
and that they are able to
elect the candidates of
their choice.

NOTE: Plalnciffs obJect to the r.ntimely addicion of Malachi
Green to defendants' list of witnesses.

-75b-
Anended



V.

A.

DESIGNATION OF PLEADINGS

AII parties reserve the
designated pleadings by

to submiL objections
2L, 1983.

right
July

to

Gingles' Plaintiff s Designation

A. Answer
B. Depositions
C. Interrogatories

A. Answer

1. To Cooplaint paragraphs 9-13, 16, 24-30, 32-33,
81, 82

To Supplement to Courplaint paragraphs 88, 89, 90

To Second Supplement to Complaint - none

To Third Supplement to Courplaint - none

Depo s it ions

2.

3.

4.

B.

^r

/

/

Deposition of John Sanders (2123/83) (a11) ,'.
Deposition of l(arshall Rauch (2124/83) (all)
Deposition of Dan Li1ley (2/23/83) (al1)

Deposition of tfilliaur K. Hale (11/16/81)
pp. 5-L2, 15, 21-31, 35-43, 48-49

Deposition of William K. Hale (5/27/82)
pp. 4-6, 9-22 24-39, 54-59, 64-65, 69-70

Deposition of Sullivan (lLl9/8L) 32, 53, 57-62
56-69, 7A, 80, 83-86, g0-92, 96, gg-107

DeposiEion of Sullivan (5/26182) l0-12, t5-tO, 3L-32,
?4-?7 , 44-46 , 4g-49 , 52, 54, 5g-67 , 7L-73, 77 , 79,
9g:81, 83-84 , 89-91, 93-97, 104-105 , LLz, 

. 
113 , Ll7 -119,

L20 -L23

Deposition of Daniel Long (5/26/82) 4, 7, ll,
L3-22, 30-31, 3g - 41, 62; 72, 76-77, g5-91,
95-96,11r-1r4

Deposition of Jerry Cohen (5/?5182) 4-7, g-L6, 18,
22-36, 6g-7L, g7-gg, g5 , gg-100, 129-131, 137-13g,
150-154, L7L-L72

-76-



:

8. Deposition of William M1Ils pages 4-5, and 24-29

C. InterToqa.tori.gs
Defendant's Response to Glngles' Plaintiff's First
Sec of Interrogatoriee:

DocumenE

,1

,2

-PjFtign

lteoos of, L2/28/70, L013172,
9lL2l72 and 1/7/72

"Patlerns of Pay in N.C. State
Governoent and "Instltutional
RaclslB/Sexisu ln N.C. State
Governaeot", on1y.
,N.C. llousing Element - L972"
and llousing for North Carolina:
Pollcy and Actlon Recorrrmendations",
only.

-76A-
Aoended

0blections
None 1-2L

For:ndation, hearsay,
opinlon, relevance

For:ndation, hearsayl
opinion, relevance

,7

,12A

#le

#20

*2L

(nt
)
)

r,..f
l\^' I

"t'l!'/\t\\

't

(,,'



B.

DESIGNATIONS OF PLEADINGS

Pugh Plaintiffs may introduce at trial:
1. The complaint, the rst amendeo compraint, the 2nd amenoedcomplaint and supplemental complaint, the ansvrer to thecomplaint. counsel intends- to prove that the pugh plain-

tiffs are a salient class of votLrs entitled to raise equalprotection claims as to the use of mult,imember and singlemember districts.
The answers to pugh fnterrogatories Ist set #1, 3, 4, 14,19, 37 , Exhibits 'c' and xDn. counsel .intends to provethat the LegisLature adopted criteria for 

"ppoiti6ninglegislative districts; that statements of tegisiators madeggntemporaneously with the passage of N.G d.s. 120-1 and120-2 evidence both a raciat ana non-racial desire togerrymander minority party voters and minority race votersthrough the us_e of large multimember distriits; that thecombination of multimember and singre member districtsas provided for in N.c.G.s. 120-1 and 120-2 is not ration-a1ly relat,ed to a compelling state purpose or interest.
Affidavit of Theodore S. Arrington.
counsel intends to prove that a voter in a multimemberdistrict has a more than proportionate chance of affectingan erection outcome than does a voter in a single memberdistrict through the use of weighted voting; itr"t largemultimember districts tend to elect representatives fromcertain limited, socio-economic classes; that large multi_member districts make it more difficult for a voter io ""i""tfrom among the candidates compared t,o the abirit,y of a singlemember district voter; that candidates in rarge multimemberdistricts have i.n order to have a chance of sricess must runrarger and costlier campaigns than candidates in singlemember discrictsi lhat pugh plaintiffs votes are effected bythe use of such districts because citizens of multimemOeidistricts have diminished access to the politi"ii-process;that candidates in large murtimember distiicts are iccount-able to a larger number of constituents than in a singlemember district; that volers in large multimember districtsspecifically in Wake, Durham, Iteckleriburg, and Eorsyth Countyhave in the past engaged in racial bloc ioting

Depos it ion of t'1arsha11 Rauch and Dan Lilley, Examination by!1r. Hunter.

counsel intends to prove that the Legisrature was aware ofthe discriminatory effect of large multimember districtsand the use of county r ines in ap-port ioning ttre senate andHouse Districts; that statements of legislaeors made contemp-oraneously with the passage of N.G G.s. 120-1 and L2o-zevidence both a racial and non-rar:ia1 desire to gerrymanaerminority party voters and minority race voters through theuse of ]arge multiinember oistricls; that tr,". r,"jislature

-77 -
Amended

2.

3.

4.

* Objections noted on page 78



could have taken into account the racial and political makeup of the multimember districts; t,hat there is- a presumptionof d iscrimination in the use of multimember di.stricts whichnumerically submerge minor.ity party voters and minorityracial vot,ers; that the combinai:.6n of murtimemoei and singlemember dist.rict-s- as provioed for in N.C.G.S. 120-I and L2O-zis not rationalry related to a-comperling state purpose orinterest.
5. Deposition of t{r. cohen, Examination by Mr. Hunter.

Counsel intends to prove that thattaken into account the racial andmultimember districts.

Defendant' s Objections
with the loca1 rules in
forth their objections

Puqh Desiqnation

the Legislature could havepolitical make up of the

(Due to Pugh plaintiffs' failure to comply
formating its designations, defendants- set

below:

Defendants' Objections

Object to the extent the defendants'
answers to Pugh interrogatories are
superseded by stipulations of counsel
in the Pre-trial Order.

Unsworn Affidavit, relevance,
conclusory, opinion.

-7 8-
Amended

#2

#3



c. Deslgnation of Pleadings and Discovery Materials--Defendants

D.ocument

Depositlon of Dan LlII,eY

DeposlEion of lltarshall Rauch

Deposition of Gerry Cohen

0bj eetioasPortion

Deposition of
Grady Hauser

Deposition of
Mills

Coupetenee
None
None
None
None
None
None
None
None
None
Relevance,
Oplnion Testlnony
None
Relevance,
Opinion Testimony

Deposi,tion Impro-
perly Taken Outside
Time for Discovery

Charles

WilLian

A11

A1t

P. 25,
P. 86,
P. 87,
P. 88,
P. 89,
P. 92,
P. 93,
P. 94,
P. 96,
p. 97,
p. 98,
p. 99,
P. 100,
p. 153,
p. 154,

AlL

AlL

1. 5-22
1. 19-25;
t. 2-25t
1. 2-25;
L. 2-L5;
1. 4-25t
1. 2-25;
L. 2-3t
t . 18-24;
I. 2-3;
1. 16-25;r
1. 2-25 1

1. 2'20i
1. 13-25 n
I. 2-23 t)

\ote:
Plainctffs obJect to defendants'
the basis of Hearsay and Rule 32.
noted where appropriate.

use of all five depositions
Additional' obj ections are

-79-
Amended



a lDt}

Trial flme Egt{qate: 8 dbys

Approved By:

Uaited States Circulr Judge

Ilnited States Distrlct Judge

tlnlted Statee Dlsrrlct Judge

9tugles Plainrlffa

Attonrey f,or Pugh Plalntlffg

-80-