Defendants’ Response on Scheduling

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Impact area
- Political Participation
Topic
- Redistricting
LDF Attorneys
Cooperating Attorneys
Organizations
Matter
- Cromartie v. Hunt (Daly v. Hunt)
Case
- Cromartie v. Hunt (Daly v. Hunt)
U.S. state
- North Carolina
Collection
- Case Files
Taxonomy
Identifier
- b460eea9-d90e-f011-9989-002248226c06

Cite this item

Case Files, Cromartie Hardbacks. Defendants’ Response on Scheduling, 1998. b460eea9-d90e-f011-9989-002248226c06. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/8f9d22b3-b6c1-416d-8f26-94216187093c/defendants-response-on-scheduling. Accessed July 01, 2025.

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APR=20-98 09:50AM FROM-FERGUSOJSEINE IN, WALLAS, ADKINS, GRESHAMGSUM +7043345654 T-676 P.25/28 F-T37
TWEY | AX ITY Bwer.y 77 Lode ab

» From ’

ide fin 1S DISTRICT COURT
Fax # Fans T OF NORTH CAROLINA

| w- — - IN DIVISION Fi LED

Civil Action No. 4-96-CV-104-BO(3) APR 1 7 1998

W. DANE US DISTR) 6. CLER
E DIST ny 2k COUST

MARTIN CROMARTIE, er al., ) 87. N CAROL jo
)

Plaintiffs, )

)
v, )

) DEFENDANTS’ RESPONSE

JAMES B. HUNT, JR., in his official ) ON SCHEDULING

capacity as Governor of the State of North )

Chrolina, er al., )

)
Defendants, )

Defendants, having conferred with the leaders of the State House and Senate regarding this

Chourt’s order of April 3, 1998, as modified on April 10, 1998, propose the following schedule for

-
y
gdrawing the 1997 Congressional plan and for holding congressional primaries and general

3
ections this year:

1. On or before Friday, May 29, 1998, the General Assembly will enact legislation révising the 1997 Congressional plan and submit copies to the Court, Ifthe General Assembly does

lL revise the plan by that time, responsibility to draw a plan will transfer to the Court.

2. Legislationrevising the 1997 Congressional plan will be submitted to the Court for

approval and to the United States Department of Justice for preclearance simultaneously.

3. Within three days of enactment of the new legislation, plaintiffs will inform the Court

ih writing whether they will oppose the legislation or not and, if they oppose the legislation, they will

APR-20~98 09:59AM FROM-FERGUSO IN, WALLAS ADKINS, GRESHAM&SUM +7043345654 7-676 P.26/28 F-T37

p vide the basis for their objections in detail. Defendants will have three days to respond to any

Her
esy

jections.

4, The 1998 congressional elections will be conducted under the new legislation if (a)

e Court approves the new legislation, and (b) if the United State Department of Justice preclears

te legislation by July 1, 1998. In the event the Court approves the new legislation but the

Oepartment of Justice has not precleared the legislation by July 1, the Court will adopt the new

I¢gislation as an interim plan for the 1998 elections.

7 If the new enacted plan is not approved by the Court or responsibility to draw a plan

ansfers to the Court, the Court will adopt or create an interim plan for the 1998 elections by

bly 1, 1998,

6. The 1998 election process, whether conducted under a legislative plan or a court

drdered plan, must begin no later than July 6, 1998, in order to hold the general election on

Hovembe: 3, 1998. The Court ordered election schedule needs to contain the following elements:

Filing period
July 6 through July 20

Absentee Balloting Begins for Primary
August 14

Primary
September 15

Second Primary
None (abolished one time for these Congressional races)

Absentee Balloting Begins for General Election
October 2

General Election

November 3

APR-20-98 09:59AM ld ha +7043345654 » Y=5768P.27/28 F~TAT

7 In addition, the Court's order also needs to direct the North Carolina State Board of

ections to implement the procedures necessary to comply with this schedule.

This the [7 day of April, 1998.

MICHAEL F. EASLEY
ATTORNEY GENERAL

Edwin M. Speas, Jr.
Senior Deputy Attorney General
N.C. State Bar No. 4112

are B. Smiley
Special Deputy Anomney General J
N. C. State Bar No. 7119

ofma S. Harrell
Special Deputy Antorney General
N.C. State Bar No. 6654

N.C. Department of Justice
P.O. Box 629
Raleigh, N.C. 27602
(919) 716-6900

APR-20-98 09:59AM SAvumGl Ele dian +7043345654 7-676 P.28/28 F-737

1] CERTIFICATE OF SERVICE

O. Everent P,

Suité 304ei Union Natl. Bank Bldg.
ii ain Street
P.O. Box 586

Durham, NC 27702

ATTORNEYS FOR PLAINTIFFS

“Anita 8, Hodgkiss
Ferguson, Stein, Wallas, Adkins,
Gresham & Sumter, P.A.

741 Kenilworth Avenue
Charlotte, NC 28204

ATTORNEYS FOR APPLICANTS FOR INTERVENTION

i £ gin
B. Smiley

Special Deputy Anomney General

This the I')_ day of April, 1998.

* “APR-20-88 09:59AM Ble! iba di Cy +7043345654 4 7-676 P.24/28 F-T37

state of North Carolina

MICHAEL PIEASLBY A Deparment of Justice REPLY TO: BAwin M._ Spas. Jr.

: P.O. BOX 629 Speciat Liigution
ATTORNBY QENBRAL | 3 BORG Spee Tied

- FAX: 19) 710-0703
276020839 om

April 17, 1998 VIA FACSIMILE

Thd Honorable Samuel J. Ervin, THI FAX: (704) 438-9041
. Drawer 1488

ganton, NC 28680

Thd Honorable Terrence W. Boyle FAX: (919) 856-4160
. Drawer 429

Elisabeth City, NC 27907

Th¢ Honorable Richard L.. Voorhees FAX: (704) 350.7456

Charles R. Jonas Fadcral Bldg.
W. Trade Street

Charlotte, NC 28202

Re: Motion to Reconsider Stay in Cromartie v. Hunt

Depr Judges Ervin, Boyle and Voorhees:

I am writing to point out that the Motion to Reconsider Stay filed today is filed on behalf of

thd defendants. The leaders of the House do not support this motion.

Sincerely,

Edwin M. Speass, Jr.
Senior Deputy Anomey General

sir

Robinson Everett
Anlwa Hodgkiss

rr AEND+2e

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Defendants’ Response on Scheduling

Impact area

Topic

LDF Attorneys

Cooperating Attorneys

Organizations

Matter

Case

U.S. state

Collection

Taxonomy

Identifier

Cite this item

Copyright notice

Additional info

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