Gingles v. Edmisten and Pugh v. Hunt Pretrial Order

    v.
)

RUFUS L. EDMISTEN, er a1., )
)Defendants. )

ALAN V. PUGH, €t a1., )
)v. ) No. 81-1066-Civ-5
)

JAI,IES B. HIJNT, JR., et a1-., )
)Defendants. )

PRETRTAL ORDER

TabLe of Contents

IN TTIE I]NITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA

MLEIGH DIVISION

RALPH GINGLES, €r aL., )
)

Pl-aintiff s, )
)
)

I: Stipulations
A. Jurlsdictional
q. Legislative Chronology
C. Other Sripulations of Fact

II. Contentions

A. Gingles plaintiffs
B. ?trsEEaintiff sC. ffinciancs

III. List of Exhibirs

A. Gingles plaintiffs
B. PueE plaintiffs
C. Der-enoancs

IV. Li.st of Witnesses

A. Gingles plaintiffs
B. PusEEaintif f s
G. ffinciancs

No. 81-803-Civ-5

)
)

Page

,1
2
8

43
47
49

50
59
51

66
7L
73

.J



V. Designation of Pleadings

A. Ginqles plai-ntiffs 76
B. Puqh plaintiffs 77
C. Defendants 79

Length of Trial and Signatures 80

l-1.



I. Stipulations

The parties to Gingles v. Edmisten and
the folloiling stipulffiese

A. Jurisdictional Stipulations (1-6)

B. Legislative Chronology (7-48 with

Puqh v. Hunt enter into
act ions.

C. Other Stipulations of Fact (49-I93

Exhibits A-II and AAA-RRR)

with ExhibiLs JJ-SS)

A. Jurisdictional Stipulations

I. The Court has jurisdiction over the subject matter of
these two actions pursuant to 28 U.S.C. SS1331 and 1343(a)(3) and
(a) (4).

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
Gingles v. Edmisten and Pugh v. Hunt is to be considered as evidence
in both cases.

4. Gin@ has been properly certified as a class
act,ion on behalf of aI1 black residents of North Carolina who are
registered to vote.

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. lloody is an adult black
North Carolina and is registered to vote.

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

resident of Gaston Countyr

resident of Cumberland
to vote.

resident of Halifax County,

resident of Edgecombe
to vote.



6A. Alan v. Pugh is an adurt white resident of Randorph
county and is registered to vote and is affriated
with the Republican party and was an unsuccessful
candidate for the North carolina Senate in a multi-
member district in L982.

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

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

6D. Paul B. Eaglin is an adutt black resident of
Cumberland County and is registered to vote andaffliated with the Republican party.

68. Ethel R. Trotter is an adult resident of Moore county
and is regisl-ered to vote and affl_iated wrth the
rRepublican party"

6F. 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 Assemb1y.

6G- David D. Armond, Jr. is an adurt white resident ofStanley County is registered and affliated. withthe Republican party

6H. Ray warren is an adult resident of Durham County,is registered to vote ancr is affl-iabect with the.\. Republican party

6I. Joe B. Roberts is an adult black resident of
Mecklenburg County is registered to vote and isaffliated with the Republican party.

-1a-



B. Legislative Chronology

7. The I9BI General Assemblyr pursuant to N.C.G.S. L2O-I1.I,
convened on Wednesday, January 14, 1981.

8. On January 16, 1981, the Speaker of the North Carolina
House of Representatives, the Honorable Liston B. Ramseyr pursuant
to Ru1es 26 and 27 of the Rules of the 1981 House of Representa-
tives, General Assembly of North Carolina, appointed the following
members of the Legislative Redistricting Committee: Representa-
tives Jones and Lilley, Chairmen; Representatives Bundy and Messer,
vice chairmen; Representatives Almond, Barnes, Beam, Bluer Boner
Brennan, Chapin, Church, D. Clark, Craven, Creecy, Diamont, Enloe,
Bob Etheridge, Evans, GiIlam, Grady, Guy, Hackney, Hege, Hiatt,
Hightower, Hormes, J. Hunt, R. Hunter, T. Hunter, Lacey, McArister,
Morgan, Nash, Nesbitt, Nye, Quinn, Rabon, Redding, Rhodes, Spauldi.g,
and Taylor.

9. Representatives BIue, Creecy and Spaulding were the only
brack members of the House during the rg8l General Assembry.

I0: On January 19, I98Ir the President of the North Carolina
Senate, the Honorable James C. Greenr purSuant to Rules 31 and 32 ofthe Rules of the 19BI Senate, General Assembly of North Carolina,
appointed the following members of the Committee on Redistricting
Senate: Senators Rauch, Chairman; Duncan, Allsbrook, Vice-Chairmen;
A11red, Ballenger, Barnes, Boger, cavanagh, crarke, creech, Garrison,
Gray, Hardison, Harrington, Kinca id, Lawing , l,li1ls, Noble, palmer,
Raynor, Royarr, sores, Speed, Thomas of craven, Thomas of Henderson,
warker, warren, and wright. The members of the committee on
Redistricting Senate, appointed on January 19, 198I, were aII
wh ite.

1I. On July 2, l9BI, Chapter 771 of the tgBI Session Laws(Regular sessions, IgBl), AN ACT To pRovrDE FoR THE SEVERABTLTTy oF
PROVISIONS OF REDISTRICTING ACTS OF THE GENERAL ASSEMBLY, was
ratified in the General Assembly. (Exhibit A).

12. on Jury 3, 198r, chapter 800 (House Birl 4r5) of the 19Bl
Session Laws (Regular Sessions, 19BI), which redistricted the House
of Representatives, was ratified in the General AssembIy. (Exhibit
B). The Legisrative services office prepared a map indicating
districts of and computer statistics analyzing the districts created
by that Chapter (Exhibit C, D, respectively).

13. On JuIy 3, 1981, Chapter 82I (Senate BilI 3I3) of the 19Bl
session Laws (Regular sessions, rggr) which redistricted the senate
was ratified in the General Assembly. (Attachment E). The
Legislative Services office prepared a map indicating and computer
statistics analyzing the districts created by that Chapter. (Exhibits
F, G respect ively) .

-2-



14. on-september r6, r98l Ginqles v._E9gi-E_!en, 81-803-crv-5,lras filed allegi.ng, inter alia tffints of the NorthCarolina House of nepresenEEETves and senlle violated the one p..=o.one vote requirement of t!. equal protection clause, illegalfy^anounconstitutionally diluted. the voting strength of biack clti ri"ni,and that Article fI, S53(3) and 5(3) of the North Carolina Constitutionwere being enforced without having been pre-cleared pursuant to 55of the Voting Rights Act.

15. On September 23, 1981, North Carolina made its initialsubmission of Article II, 53(3) and 55(3) of the North CarolinaConstitution to the United states Department of Justice pg.=uunt to55 of the Voting Rights Act. This suOmission was compleled onOctober I, 1981.

16. On October 10, I98I, the president pro Tempore ofthe senate appointed senator Frye of Guirford county to thecommittee on Redistricting senate in response to a request bysenator Gray of Guitford county that she be removed from the
Commi ttee.

L7. senator Frye was the only black member of the senateduring the 1981 General Assembly.

18. On October 29, 1983, the Geaeral Assembly met again toconsider redistricting pursuant to Resolutions 66 ino g0 ;f the l98ISession Laws (Regular sessions, IgBl). (Exhibits H, r).
19. On October 30, 1981, Chapter 1130 (House Bill I42g) of the1981 session Laws (Regular sessionl, LgBr), AN ACT To AppoRTroN THEDISTRICTS OF THE NORTH CAROLINA HOUSE OF REPRESENTATIVES, wasratified in the General Assembly (exnibit J). The LegisiativeServices office prepared a map indicating and computer statisticsanalyzing the districts created by that -hapter. (Exhibits K, Lrespectively). The General Assembly did nol enact a nee, apportion-ment of the Senate.

20- The Legislative Services office did not systematicallyanalyze proposed reapportionment plans using race u-= a factor untilafter the October, 19Bt legislative sessioni.
21. on November 25, 198r, pugh v. Hunt, g1-r066-crv-5 wasf iled in the Superior Court for GEETG-CoTnty, North Carolina.

l!' hras subsequently removed to this court. rt alleged, inter aliathat .th. apportionments of the North carolina Hou=""oi'n.ffi.ffiir"=
and the North Carolina Senate violate the Fourteenth Amendment ofthe United States Constitution.

22.. By letter of November 30, I9BI, the united states AttorneyGeneral interposed objection pursuant to S5 of rhe voii"g-Riii;i!-altto two amendments to the Constitution of North Carolina, Article rI,S3(g) and 55(3). (Exhibit M).

-3-



23. By letter of December 7, 1981, the United States Attorney
General interposed an objection pursuant to 55 of the Voting Rights
Act to Chapter 894 (S.e. 87,l and Chapter 82I (S.B. 313), North
Carolinars reapportionment plans for the State Senate and the United
States Congress. (Exhibit N).

24. The Legislative Services Office, in analyzing plans
proposed or adopted after December, I981, used the population
statistics indicated in Exhibit N-l-.

25. By letter of January 20, L982, the United States Attorney
General interposed an objection pursuant to 55 of the Voting Rights
Act to Chapter I130 (H.8. L428r), North Carolinats reapportionment
plan fot the State House of Representatives. (Exhibit 0).

26. On January 28, 1982, the Senate Committee on Redistricting
Senate and the House Redistricting Subcommittee met to be briefed by
the Staters retained counsel. At a joint meeting the Senate Committee
and the House Subcommittee adopted the redistricting criteria in
Exhibit 0-I. On February 2, the futl House Committee on Legislative
Redistricting adopted the amended redistricting criteria contained
in Exhibit O-2.

2'7 . On February 3, L982, 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 Legislative
Redistricting, February Session--1982" (exhibiE Li,il

The plan contained aIl single member house districts of conti-
guous territory and had, according to statistics supplied by l"tr.
Hege, a population deviation of less than plus or minus 5t. The
apportionment included majority black single member districts in
Mecklenburg, Forsyth, GuiIford, Cumberland, Wake, 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 herd a joint pubric hearing in the state Legislative
Building in nale igh. Not ices of the hearing !.rere published in theAsheville citizen and AsheviIle Times, Durham Morning Hera1d, the
Bgteig! News and Observer, and the Charlotte Observefr orr January
31, February I, 2,3, and 4, L982, witn the exEEpETon of the
Asheville citizen and Asheville Time:lr which did not publish onJanuary-]I;--T9EZ; said- noETEe, fE--Its enrirery, is rLf tected by
Exhibit P. In addition, those groups listed in nxhibits e and [-1
were provided with press releases and supporting information in the
manner indicated. (Exhibits Q, Q-1). A transcript of this public
hearing is attached as Exhibit AAA.

-4-



29. On February 4 , L982, ?t the pubtic hearing, the NorthCarolina Black Lawyeis Association suumitted a prop5ieo 
"pp"iti""-ment of the North Carolina Senate which containeo -three *ijoritybrack single-member districts. Each of the single-member 6istrictsin t!" apportionment plan contained contiguous Lerritory and had apopulation deviation of Iess than plus or minus 5t. Tha statisticsused to produce this plan lrere obtiined from the 1980 census and areaccurate. This apportionment included a Senate district whoIIywithin t'lecklenburg County which is 62.32 black and a senate districtin northeast North carorina which is 60.7t brack.

30. At the public hearing on February 4, 1982 the NorthCarolina BIack Lawyers Association present-ed a proposed apportion-ment of the North Carolina House of Representativei which iontainedten majority black single-member districts. This map included asingle-member district who1Iy within wake County wniln is 672 black,a single-member district wholly within Durham C6unty which is 7I.9g
Pluqfr.3 single-member districl wholly within Forsyth county which81.6t black, a single-member district in Mecktenbuig County which is69.99 black, and an additional single-member distri6t in n6cklenburgCounty which is 56.8t b1ack. The singl-e-member districts in thisplan all contain contiguous territory, have less than plus or minus
-59 

population deviation and are statistically accurate based on theI9B0 census.

3I. The House and Senate proposals of the North CaroLinaBrack Lawyers Association are attached as the final two docu-ments in the "N. c. Generar Assembly Extra session Lgg2,rrrvr'Lp rrr Lrrs N. uo \rerrerar ASSgmoJ.y Extf a sgsslon L982 ,Begigtrictins
ana a

32. on February 9, L982, the North Carolina General Assemblyconvened in an extra session for the purpose of enacting new.p6;-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, LgB2, Chapter 4 (House Bitl f) of theSession Laws of the First Extra session 1982, which igai.n redistrictedthe House of Representatives was ratified in the ceneial Assembly.(Exhibit R). .The Legisrative services office p..p.i.o a map andcomputer statistics analyzing the districts createo by this Chapter.(exnibits S, T respectivelyl.
34. On February Il, L982, Chapter 5 (Senate BiIl I) of theSession Laws of the First Extra Sesiion, LggZ, which againredistricted the Senate was ratified in the General Assembly onFebruary 11, L982. (Exhibit U). The Legislative ieivices 6fticeprepared a map indicating and computer slatistics analyzing thedistricts created by this Chapter-. (Exhibits V, W res-pectl.vely).
35. rn addition, by chapter 7 of the session LawsExtra Session, the General Assembly enacted a new apport

of the First
ionment of

-5-



North caroripa's. co,ngressionar districts. This pran waspre-cleared by the United States Attorney Generair and by Orderdated April 27, L982, the craims in Gingles v. Ed*iste.r, regardingthe Congressional plans hrere volunta@
36. In addition to enacting its State legislative redistrict-ing prans, the General Assembry iatified on Fe6ruary rr, LgB2,chapter 3 of the session Laws of the First Extra session, 1982providinq, among other matters, for alternative dates for NorthCarolina's filing period and primaries. (Exhibit X).

- 37 - By letter of April 19 | !982, the United States AttorneyGeneral interposed an objection to the House and Senate RedistriitingPrans, chapters 4 and 5 of the session Laws of the First Extrasession, L982, and deferred consideration of chapter 3. (Exhibit
Y) . on Aprit 26 , 1982, the Generar Assembry rec6nvened for theSecond Extra Session.

38. on April 26, 1982, Representative Joe Hege fired HouseBill 7 which would create a single-member redistri6ting plan ior theHouse. The bilI was drawn by the Legislative Services Office,s BiIIDrafting Division using a computer print-out furnished by Represen-tative Hege (Exhibit Y-1, Y-2, respectively). House BiIl 7 ieceivedits first reading on April 27, LgB2r and wis referred to the HouseCommittee on Legislative Redistricting.
39. on April 27 , L982, Senator Barlenger offered to thecommittee on Redistricting senate a map witn accompanyingstatistics outlining a single-member Senate district-pfin ino bysubstitute motion, moved its adoption. That motion was tabled.

( nxh ibi ts Y-3 , Y-2') .

40. on April 27, 1982, senators Barlenger and wright filedsenate BiIl 2 which would create a single-member redistiicting planfor the Senate. As the General Assembly adjourned that day t[e-bi]tnever received its first reading. rhe bill was prepared bi theLegislative services of f ice I s BiIl Draf ting Diviii"i, trom -a 
computerprint-out f urnished by Senator BaIIenger (Exnibits y-3, y-2, .u'=f""tivety)

41. The plans referred to in paragraphs 32,33 and 34 allcontain contiguous territory, have less thln plus or minus 5g popu-lation deviation and are stitisticalty accurate.
42- Chapter I (House BiII 1) of the Session Laws of the SecondExtra session, 1982, which redrew House Districts r7 and rB, wasratified in the cenerar Assembly on ApriL 27, tg}2. (Exhibit z).The Legislative services office produled a map indicating andcomputer st.atistics anaryzing the new plan. (Exhibits AA, and BB).

43. chapLer 2 (senate BiII I) of the session Laws of thesecond Extra session, L982, which redrew senate Districts r, zr 3,6, 9, 10, and f r, r,.,as ratif ied in the General Assembry on April 27 ,L982. (Exhibit CC). The Legislative Services office produ-ed a map
_indicating and computer statisrics anury zing rh;-;;;-pian. (exnit-irs
DD, EE respectively).

-6-



44. On April 27,1982, Chapter 3 (House BiII 2) of the Session
Laws of the second Extra session, L982, which provided, among othermatters, for alternative dates for North Carolina's filing period
and primaries. (Exhibit FF).

45. By letter of April 30, L982r the United States Attorney
General indicated that he wourd not interpose an objection to
Chapters I and 2 of the Session Laws of the Second Extra Session,
L982, (the amended House and senate redistricting prans) but
interposed an objection to the candidate filing peiioO and primary
election date contained in chapter 3 of said session Laws. (Exhinit
GG. ) The State of North Carolina, through the North Carolina State
Board of Elections, responded to the objection of the United States
Attorney Generar on May 6, L982, by revising the LgB2 primary
election timetable for the State of North Carolina, providing interalia, that the date of the primary elections for 1982 be changEF-
from June 10, 1982, to June 29,1982, as is exhibited by the letter
and attachments to Mr. William Bradford Reynolds from Mr. Alex K.
Brock of the State Board of Elections. (Exhibit HH).

46. By retter of May 20, L982, the office of the Attorney
General indicated it would not interpose an objection to the revised
L9B2 primary election timetable for L982 as amended by the State
Board of Elections. (Attachment II).

47. In accordance with the revised timetable and with Chapters2 and 3 of the Sessions Laws of the Second Extra Session, primary
and General Elections were held for the North Carolina General aisembly
in L982.

48. Exhibits AAA-RRR are accurate copies of the Journals ofthe 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 totranscribe.

AAA - NC General Assembly Extra
Public Hearings of February
and Attachments

Session J-9B2 Redistricting
4, L9B2 Minutes, Transcripts

BBB - NC General Assembly - First Extra Session 1982 House and
Senate Journals

CCC - l9BI Senate Redistricting Munutes of Senate Redistricting
committee Meet.ings and other supprementary Materiars

DDD - NC Senate Legislative Redistricting First Extra Session
L982 (February) Senator Marshall A. Rauch, Chairman

EEE - Verbatim Transcript of the Senate of the General Assembly
of the State of NC -'Second Extra Session, April 1982

-7-



FFF -

GGG -

HHH -

III -

JJJ -

KKK -

LLL

MMT'1

ooo

PPP

1981 General Assembly, Regular SessionsLegislative Redistricting-- October Speci
Mi nu tes

1981 senate Redistricting october Special session -Minutes and Supplementary Related Matlrials

l9BI Senate
aI Session -

NC General Assembly - (Second Extra Session 1982)Bills, Amendments, RoII CaIls, and Ivtaps

Journar of the senate of the General Assembly ofState of NC - Second Extra Session L9B2

NC General Assembly LgB2 First Extra Session -of Senate Proceedings February 9-10-ll, 'i9BZ
Deba te

the t

Transcrip t
Floor

NC General Assembty - First Extra Session LgB2 (February)
summary of Proceedings with supplementary Materiars (senate)

House Legislative Redistricting, February Session - Lg82

NC House of Representatives 198r Legislative Reapportion-
ment History and Information

NNN - NC House Reapportionment - October I9B1: LegislativeHistory for HB-L428

House Legislative Redi

NC General Assembly -(Session Laws Chapter
and RolI CaIls

stricting - April Session - I9B2

First Extra Session 1982 HB-I
4): Bill Drafts, Amendments Offered,

QOO - NC General Assembly (Second Extra Session I9B2) - House
Journal

RRR - NC General Assembly (Second Extra Session l9g2) - HouseLegislative Redistricting Committee - Meeting Transcripts

Other Stipulations of Fact

49. The vote abstracts, voter turnout figures, and voterregistration figures used by Bernard Grofman and Thomas Hofelleras the basis of their analyses of or testimony about voting patterns
are accurate and genuine. Any party or witness may refer to theinformation indicated ia these documents during thA course of thetrial of these actions without further foundation.

50. The following is an accurate list of the black candidates
who filed to run in the indicated eLections. AIl candidates were
Democrats unless otherwise'inoicated. This is not a complete Iistof alr elections in which there were brack candidates.

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A. Mecklenburg Countv

I97B Senate - Freo Alexander
1980 Senate - Fred Alexander
1980 House - Bertha MaxwelI
L982 Senate - James polk
J-9B2 House PhiI Berry

James Richardson

B. Durham Countv

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

Kenneth Spaulding
1980 House Kenneth Spaulding
l-9B2 House - Howard Clement

Kenneth Spaulding

C. Forsvth Countv

1978 House Harold Kennedy
Joseph Norme
C. C. Ross

1980 Senate - I{oses SmaIt
1980 House - Annie Kennedy

Joseph Norman
Rodney Sumter

1982 House, 39th District C. B. Houser
Annie Kennedy

198I Winston-Salem - Winston-Salem City Council - Southeast WardLarry Womble

D. Wake Countv

1978 House Dan BIue
1978 Sheriff - John Baker
1980 House Dan BIue
L9B2 House Dan Blue
1982 Sheriff - John Baker

E. Nash Countv

1982 Congress - Mickey Michaux
L982 N.C. House - Otis Carter
l-9B2 County Commission - euentin Summer

Wilson Countv

L982 Congress Mickey Michaux
L9B2 N.C. House Otis Carter
L976 County Commission - Grover L. Jones

-9-



- Mickey Michaux
Otis Carter
Naomi Green
Earl McCIa in
J. O. Thorne

5I. The General Assembly divided counties in the apportion-
ment of the House of Representatives and of the Senate onry
lhen necessary to bring population deviation under plus or minus5t or when necessary to obtain preclearance from tha united statesDepartment of Justice pursuant to 55 of the Voting Rights Act of1965r dS amended.

52. From L776 through 1981r oo county was divided in theformation of either House or Senate distrilts with the exceptionof six and then seven borough towns which were additional H-ousedistricts frcrn L776 until 1835.

52A. In multimember districts there is no subdistrict orresidency requirement which reguires that at-large candidatesreside in particular geographic subdistricts.
53. From 1835 through I98I all North Carolina House and SenateDistricts have been either single or multi-member districts con-sisting of an entire county of two or more whole counties joined

toge the r.
54. on May 27, 1983, Representatives John Jordan and chris

Barker introduced House Joint Resolution BilI I146 in the NorthCarolina General.Assemb1y. That resolution authorized the Legislative
Research Commission to study the feasibility of redistricting in
1990 so as to have singre-member districts. rt charged the
Commission to produce a map redistricting the Senate and House intosingle-member districts and to report to the 1985 General Assembly.rt was referred to the House Committee on Rules and received anunfavorable report on June 3, 1983.

55. In February and April, L9B2 the General Assembly was awarethat murt i-member districts in Mecklenburg , Forsyth, ourh-am, wake,Wilson, Edgecombe and Nash Counties would be mai-ntaineO if thesecounties were not divided.

56. For statistics which use white and non-white, non-white is938 black in North Carolina.

Edgecombe Countv

L9B2 Congress
I9B2 N.C. House
L982 County Commission

57. The
voters in the

House Distr:ict
and Number

Percentage of
Iation that is

Percent of Regi
Voters that is

percentage of the population and of the registered
following House and senate districts is as indicated:

popu- 
1

Black r
s tered
BIack

Mecklenburg (#36 )
Forsyth ( #39 )
Durham (#23)
Wake (#21)
Wi 1 son- Edge combe-
Nash ( #8 )

26.5
25.L
36.3
21. B

39.5

-r0-

rB.o3
20.8;
28.6'^
15.11

29.52



Senate Districts
Perce ntage
1a t ion that

of popu- r
.I1S Bl_ack

Percent of
Voters that

Reg i s tered
is Black

Meckle nburg-
Cabarrus (#22)
Northeast North
Carolina (#2)

Count

Percent of Voting Age
Population R?gi2rered
to Vote 1970''

I6.82
L45.2'

Percent of Voting Age
Population Rggistered
to Vote 19B0'

24.

55.

3

I

From Legislative services office, derived from rggo
Census.

From october 4, 1982 state Board of Erections Registra-tion Statistics part II.
octobet 4, L9B2 Forsyth registration minus registrationfor Belews creek, salem chapel #1 and salem cf,apei i,precincts.

october 4 , L982 registration for whole counties fromstate Board of Erections Registration statistics part
II; township registration October 4 , LgB2 fromWashington, Martin, Halifax, and Edgecombe Boards ofEIect ions

58. A lower percentage of the brack population than of thewhite popuration- is registered to vote in r'tecrrenburg, Forsyth,Durham, wake, wilson, Edgecombe, Nash, Halifax, nortf,ampton, Hertford,Gates, Martin, Bertie, washington and Chowan Counties. specifically,the.percentage of the black ano wnite voting age poputation which isregistered to vote in each of these counties i; .i torlows:

I.

2.

3.

4.

MeckIe nburg
Forsyth
Durham
Wake
Wilson
Edgecombe
Nash
Hal i fax
Northampton
Hert ford
Gates
Mart in
Bert ie
Wash ing ton
Chowan

White

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

107. B

73.4
79 .3
86.6

106.2
68 .2
77.3

BIac

40 .5
73.6
64.0
37 .2
36 .3
46.0
18.4
47 .g
80.7
64.6
57.5
56.0
98.3
78.1
48.7

White

68.1
59.7
66.1
68.3
64.4
67 .3
58. t
69.7
74.6
78.9
82.5
73.9
77 .0
80.1
72.3

BIack

43.9
62.8
43.3
42.3
40.0
40 .7
2I.3
48.2
6I.6
60.0
77.6
53.3
50.1
54.3
s3.3

- 11-



1.

2.

Number of white/non-white voters as of June 5, I97Odivided by totar white/brack population 2r years oldor older.

Beginning in the twelve-month period forrowing the tg72Presidential Erection, county Boards of Elections have
been required to remove from permanent registration
records the nanes of all persons who have failed to votefor a period of four years. Beginning January 2, 198I,
af ter t.he 1980 pres ide nt iar E lect ion and ther-eaf terfor each subsequent presidential election, county Boardsof Elections are not atlowed to remove from regiitrationrecords the name of any person who voted in eilner oneof the two most recent presidentiar elections or in anyother election conducted in the period between the twopresidential elections. county goards of Elections mayarso remove the names of any persons who have either
moved their residence from the county or who have died,as indicated by certificates of Deatt received from thestate Department of Human Resources or cancerration noticesreceived from other counties and states as to residency.
Number of white/brack registered voters as of Aprir g,
1980 divided by totar white/black popularion 18 yearsold or oIder.

3.

59- The following is the percent of the popuration, the votingage population and the registered voters that is- bl-ack in the indi-cated counties:

Percent of
tion that

PopuIa-
is Black

Pe rce nt
that is

1980

of VAP
black

Perce nt
voters

of Reg.
that is Black

Meckle nburg
Forsyth
Durham
Wake
Wi I son
Edgecombe
Nash
HaI i fax
Northampton
Hert ford
Gates
Mart in
Bert ie
Washing ton
Chowan

26.5
24 .4
36 .3
2L.7
36 .4
50. B

32.9
47.L
60.7
54.8
52.6
44.5
59 .2
43.3
41. s

24.0
22 .0
33.6
20.5
32.4
45.7
29 .4
44.O
55.2
5l. r
49 .4
40.6
54.5
39.r
38. I

r6.9
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
3L .2

-12-



60. Exhibit JJ, entitled "Vital Statistics of Counties inNorth Carolirldr " is a compilation of registration f igures for eachcounty as of February 9, L982, with estimated percentages of votingpopulation registered figured for white, non-white, and total voting
age populations by race.

61. Exhibits KK and LL "Registration Statistics Parts I andII," is the most recent statewide compilation of voter registrationfigures for each county in the state by race and party, reported asof Octobetr 4, L982.

62. In 1980 there were 1r319r054 btack people in North
Carolina. That is 22.42 of the total population. (Source: tggO
Census).

63. The mean income of househords in 1979 was as follows:

Black White Dif ference
North Carolina
Nat ional
Dif fe rence

$13,833
$r5,805
$ 1,973

$2L,L62
$24,939
$ 3,770

$7 ,329 ( 34 .6r )
$9,133 ( 36t )

64. 44.7E of the households with no vehicles available areblack households. 758 of black households and 938 of white house-holds have vehicles available.
65. 30.3g of black people in North Carolina live in poverty

compared to 10.03 of white people.

66. Non-white households in North Carolina are 23.0t of alIhouseholds but are 42t of all poverty househords. (A poverty
household is one in which the Lombineo household income fal1s belowt00t of the poverty level (adjusted by family size) established bythe United States of f ice of lvlanagment and Budget. ) Blacks accounifor 11.7t of--the united states population but are 32.58 of theUnited States population Iiving in poverty.

67. In North Carolina 5IE of the single parent households havea black head of household.

58. Between 1970 and I980 non-white workers consistently
had a higher incidence of unemployment than white workers. For eachof these years non-whites hrere a higher percentage of claimants for
unemployment benefits than the percentage of the workforce whichis non-white.

- 13-



llale non-yhite MaIe non-white Female nop-white FemaIe non-w!iteYear claimants- in workforce' craimants' in workforce

r9 70
19 71
L972
19 73
197 4
L97 5
L97 6
L977
19 7B
L979
19 B0

2t.0
L6.7
L7 .7
22.8
15 .9
13. s
L7 .6
18 .0
22.3
1g.I
17.3

I. Percent of

13.3
13 .3
13 .3
11.0
11.0
rt.0
II.O
11.0
11.2
LL.2
LL.2

18.6
17 .8
19 .0
18 .0
19.0
14 .0
13 .4
L2.6
14.r
L7 .4
L6 .2

8.5
8.s
8.2
8.5
8.6
8.6
8.6
8.6
9.0
9.0
9.0

alI claimants which is non-white male/femaIe.

Percent of a1I labor force which is non-white male,/female
[ttote: This is taken from the ESC first survey week of each
year. l

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

Percent of Percent OFsararv Ranqe white Emplovees Brack Emprovees

2.

Less than $8,000
$8,000 $8,999
$ 9 ,000 $9 ,999
$ r0 ,000 $10 ,9 99
$1r,000 $1r,999
$ 12 ,000 $L2 ,999
$13,000 $14,999
$15,000 $16,999
$ 17 ,000 $19,999
$ 20 ,000 $23 ,999
$24,000 +

2.06
5.09
7.88

12.15
I1.21
II.2I
14 .59
8.35

12.02
7.54
7.88

7 .4t
L2.40
14.33
20.0s
15.82
LO.72
7.88
3.55
4.73
I.93
1.17

Median salaries: White $13,053
Black $10,790

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

- 14-



70. As of December 3r, 1980 r p€trmdnent f ul-r-time NorthCarolina State Goverrunent employees covered by the State personnel
A-"a, excruding university system personner, numbered 50r012,78t of
whom were white, 2LZ b1ack, and 1t of other ethnic/racial origins.
One half of employees earn below the following amounts annualLy:

White B Iack Other
male
female

13000
120 00

11000
1I000

12000
rt0 00

71. The following chart shows the white and black percentage
of_employees of each salary grade classification group for June jO,
1977, and December 31, 1981. These figures include aif pelrnanentful1 time non-university employees subject to the State personnel
Act' rn the 83-87 categoiy, others (non-white, non-blacks) decreasedin both number and percentige. In the 93+ categoiy ih.re were 1gemployees on June 30, L977 r and 12 on December st,-tgat.

Wh ite
Sala r Grade

48-s2
53-57
58.62
63- 67
68-72
7 3-77
7 8-82
83-87
88-92
93+

30 77 L2/3L B1 6/to
Blackt7-tz 3L/BT

39.r
73.5
85.9
90 .6
93.7
95 .6
97.2
79.3
83.4

100.0

37.5
65 .9
77.L
88.3
90.0
93.2
94.9
90.0
86.8

100.0

Percentage
Increase

62.t
32.7
2L.9
10 .7
9.0
5.9
4.6
7.0
2.7
0.0

Percent Black

60.4
25.8
13 .5
8.8
5.6
3.9
2.5
6.7
0.8
0.0

'12. For the period from December 3r , Lg7g, to June 20 , r9g0,black permanent full-time non-University state Employees subject iothe State Personnel Act showed the following percentlge incr6ases inthe following categories as exemplified by Lrre table below:

12/3t/78-6 /30 80

Officials and Administrators
SkiIled Craft
Office and Clerical
Protect ive Service
Profes s ional
Paraprofes s ional
Service & Maintenance

+I4 .5t
+14 .0t
+1 I.7t
+11.18
+I0.08
+11.0t
+ 2.3t

5. 38
8.68

12.88
17.5r
10.6t
34.0E
42.92

to 6.2*
to I08
to 14.59
to 19.8t
to 11.5t
to 38.2t
to 43.9t

- 15-



73.
non-$rh ites
the infant

Infant mortality rates
than for whites. For
mortality rate by race

in North Carolina are higher forthe five year period from L976-1980
vras as follows:

Fe taI I Neonatal 2 3Post Neonatal-
White
Non-wh ite

9.4
16 .9

9.5
15 .8

7 .9 15.7 g .0
9.0 15.0 9 .7
6.7 I7.8 7.2
9.1 I5.5 9.0
8.9 22.3 II.4
7.7 13.5 7.7

II.0 17.8 6.6

3.3
7.5

19.5 3.0 5.9
L6.2 2.5 4.6
14.5 2.L 6.8
t5 .9 2.8 6.8
16.3 3.2 8.8
14 .8 2.8 6.9
18. I 2.8 9. r

t. The fetar death rate is the number of nonabortionfetal deaths after 20 weeks gestation per 10OOlive births plus fetal deaths.

2- The neonatar death rate is the number of deaths
from birth to 28 days per I0O0 live births.

3. The post neonatal death rate is the number ofdeaths from 29 days to I year per r00o live birthsthat attained the age of 29 days. This is afour year rather than a five year measure.

(source: "Maternar and chird care statistics in Northcarolina over the last Decade, "North carorina Departmentof Human Resources, Spring 19IL.)

74. The pirth weight and infant death rate by race for thefollowing North carolina counties is as indicated Lerow.

1975-L979 Five Year Rate
aperce?t Above ., NeonatarJ post Neonatal425019- at birth FeLaI Death. Death Death

wh ir
Mecklenburg 94.1 86.6
Forsyth 94.0 87 .2
Durham 94.4 86.6
Wake 94.1 86.7
Wilson 94.4 86.2
Edgecombe 93 .5 86.9
Nash 94.8 89.2

r. rt is considered hearthy for a baby to weigh morethan 2501 grams at birth. 250r grams is s.s rbs.

The fetal death rate includes deaths after 20weeks of gestation excluding abort.ions.
2.

-16-



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

4- The post-neonatar death rate incrudes deathsfrom 29 days to one year.
(source: "Maternar and child Health statistics, ,,North
Carolina Department of Human Resources, Ig7g.

75. The death., rate forthan the death rate^ for whi
mortal i ty rate for 1978 vras:

. non2whites in North Carolina is highertes.- For example, the age-adjuste6

White Non-wh ite
male

female
9r6.9
453.7

1192 .5
62L.8

1.

2.

Deaths per 100,000 population adjusted for age.
North carolina_mortarity rates for years during thedecade from l9z0 to r9g0 are not completery ac6urate.Because minorities $/ere undercounted in NorthCarolina in the 1970 censusr projections for minoritypopurations for years between 1970 and rg8o werebased on an inaccurately 10w estimate of the minoritypopulation and resulted in high estimate of the deathrate. For exampre, death rate figures for r9B0 basedon the 1980 census are 1.6E rower for whites and-6:ailower for bracks than death rates for 19go based onprojections from the 1970 census.

76- From rgz8 to L979 the North carolina deathdecreased by five percent for non-white females, bt 
-

for non-white mares, by one percent for white male's,percent for white females.

rate
four percent
and by one

77- The forrowing tabre shows rife expectency in Lg73 and L974.

-L7 -



Selected Life TabIe VaIues, by
North Carolina, L973

Total Male

Age, Color
and L974

White
Female

and Sex:

Non-Wh ite
VaIue MaIe Female

Expectation of
Life:
at Birth

19 73
L97 4

At Age I
19 73
L97 4

At Age 25
l9 73
L97 4

At Age 65
L973
L97 4

Percent Surviving
from Birth:
To Age I

L973
L97 4

To age 25
L973
L97 4

To Age 65

68.90
69.87

69.32
70.15

46.64
47 .30

r3.95
74.23

97.97
98. I9

95.59
96.2L

66.68
67.54

56.91
67.77

44.37
44.99

L2.32
12.56

98. 19
98.20

95.49
95.9 g

74.70
75.44

7 4.88
75.40

5r.67
52.L4

15.8 8
16.07

98.44
98.75

97 .2L
97 .s9

97.04
97.39

92.79
93.74

97.45
97.79

95.56
95.96

59.06 67.56
60. 13 69.04

59.8 6 58 .32
60.74 69.s9

37 .92 45.43
38.48 46 .67

11.61
11.89

13.95
14 .49

Median Age
At Death:

L973 68.6I
L974 70.51

1973 73.52
L974 74.40'

63.17 82.03
65. 13 83 .35

70.3 s 79 .92
71.03 80.34

44.99 65.05
46.16 68.45

62.58 72.OL
63.17 73. sl

Note: North Carolina mortality rates for years during the decade
from 1970 to 1980 are not completely accurate. Because
minori ties !.rere undercounted in North Carolina in the 1970
census, projections for minority populations for years
between 1970 and I9B0 were based on an inaccuratety low
estimate of the minority population and resurted in high
estimate of the death rate. For exampre, death rates for
1980 based on projections from the 1970 census.

78. The following percentage of black and white studenLsfailed the North Carolina Competency Test in the fa1I of 1980, I9BI,
and I982 (.by school distriqt ) . This chart ref lects only the f ir:sttime each student took the test; those who faited vrere given theopportunity to take the test again later.

. IB.



- 1980
BrwBwB
Rdg Rdq Math Math RdS

I9B1
wBw
Rdg Math Math

L982
BWBW
Rdq Rdq Math Math

Mecklenburg
Forsyth
Durham Co.
Drrham City
Wake
Wilson
Edgeconbe
Tarboro CiQr
Nash
Rocky lt{ount
City
Halifax Co.
Roanoke
Rapids
Welfun
Northanpton
HertforrC
Gates
Mart,in
Bertie
Washiryton
Chowan

21t n
161 2*
161 lt
8t 7t
20t 2*
25* 2Z
22X 4t
25t 2*
IB3 It

252 31 19r
22* 3r 168
2L* 38 I5r
13C Br t3r
I78 38 18t
30r 51 252
25t 7Z 28t
3Bt 2* 17t
222 5t 222

2t 20t 38 19t 2*
2\ 198 3t 14t 2Z
It 18t 31 10r 2*
08 232 4t 9t 4r
2* 24* 2* 19S 1r
2Z 27* 5t I5s 2*
3t 2Bt 7Z 20r 3r
0t 19t 3t 20* 2*
It 282 5t 161 2Z

38 I0r 1r
10r 161 5r

I8r 3r
198 4r
18r 3t
168 2Z
2Bt 38
232 58
19r 5g
26* 3t
18r 3r

15t 38
I5r 5r

158 2* 14r
27* 9s 27*

31 12r
0t 202
5t 282
1T I7B
0t 148
3t 242
Bt 232

118 308
61 282

13$ 0r L2z 1r
2Ir 41 308 0s

0r 11 138 Ir I3S
252 12* 33t 12t 14s
16t 0E 252 61 208
202 2* 222 5t 19t
292 0r 2s* 0r I0r
24* 2\ 26* 38 222
258 8t 31t 9t 24\
25t 0r 39t 3t 23s
18r 2Z 25r 41 318

3r I8t 2* 18t 2Z
9g 9t 8t 34t 15t

6t 20t 38 258 2Z
68 178 38 l7r }t
0r 81 0B 11r 0s
68 I6t 3t 23* 5t
Bt 19t 6E l4t 6r
5t 20t 4g 24\ 108
4t I8r rt 20t 4t

1. B=Black; W=White; Rdg=P".6ing.

79. The following tabLe reflects the gains in reading for
North Carolina students between 1977 and L9B2 based on the annuaL
testing program as shown for black students and for all North
Carolina students.

North Carolina Average Scale Scores

Grade 3 - 5.18 gain over L977-1982, from 39I to 411
Grade 6 - 4.72 gain over L977-L982, from 489 to 5L2
Grade 9 - 3.0t gain over L977-1982, from 562 to 579

Black North Carolina Studentsr Average

Grade 3 - 7.7* gain over L977-L982, from 362 to 390
Grade 5 - 5.9t gain over 1977-L982, from 448 to 479
Grade 9 - 4.72 gain over L977-1982, from 507 to 53I

80. In 1980 76* of the high school seniors who were awarded
certificates instead of diplomas were black. (a certificat.e means
the student completed all requirements for graduation but did not
pass both parts of the competency test. ) There were a total of
Ir193 students awarded certificates: 984 black, 2Bg white; and 2L
others. This number represents I.B2t of alI high school seniors
who neither withdrew nor were retained. (The racial composition and
number of seniors who withdrew or were retained is not available.)

-r9-



type
those receiving certif icates,
handicap by ethnic origin is

Type of Handicap

some were handicapped. The
as follows:

of
of

B lack

Ethnic Group

Wh ite Other

Not handicapped
MultipIe handicapped
Educable mentally handicapped
Hearing impaired
Visual Iy impa ired
Learning disabled
Other handicap

t
314 24.3
L2 .9

6t2 47.3

28 2.2
18 1.4

61

L2

r91
I
I

16

6

I
4.7

.9
14 .8

1.2
.5

5

2

7

t
.3
.2
.5

.5

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

76.1r 22.3t 1.6t

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 School (I-3 yrs.)
High School (A yrs. )
College (1-3 yrs. )
College (q or more yrs. )

34.68
22 .4\
25,7\
10.0r
7. 3r

22.02
20 .08
28 .4*
14 .7t
t4 .6r

82. Between 1970 and 1980, the percentage of black adults 25years of age or older, who had completed at least four years of high
school or education beyond high school increased from 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 frcm 1970 to 1980, was from 42.2* to 57.7*, a 36.7I 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 catqgory according to the North
Carolina Citizen's Survey ( 1979) . "

Perce nt Perce nt Perce nt
ove rcrowdedr

Percent Inade-
quate Pfumninq2

wh ite
Black
Other
WhoIe
State

Buvi
l80.8;

55.0'
7 L.4

7 5.6

Rent i

16. B

41.5
23.8

2L.7

2.4
12.0
14.3

4.4

0.7
8.5
9.6

2.2

-20-



1. overcrowding is defined as more than one personper room.

2. Inadequate plumbing is defined as no plumbing
or lacking at least one of hot and colO pipedwater, flush toilet, and bathtub or shower.

3. Between 1970 and rggo according to census figures,the percentage of blacks in owner occupied housingunits increased from 45.5t to 50.9g, ui increaseof over 5t of the brack population and an increaseof more than 10t above the proportion in owneroccupied housing units in 1970. During this sameperiod, whites in owner occupied housing unitsincreased from 20.0t to 72.ggr drl increise of 2.ggof the white population and an increase of 4t ofthe proportion in owner occupied housing in 1970.

4- The figures in the 1979 North carorina citizen'ssurvey show a higher percentage of whites and blacksin owner-occupied housing than the L97g figures fromthe 1980 census. rn the citizen,s survey, 25.52 ofthe respondents were in the 1g-29 age gr-o,rp comparedto 322 estimated in that age group oy [r,e oivisionof state Budget and Managemenl and :r.at estimatedby the March L979 current population survey. of
r r 38 9 respondents to the citizens Survey, -th. 

rav/figures show between 1r103 and I,I05 whites, and250 to 279 non-whites ansvrering the housing questions.
84. rn the Spring of 1981, the North Carolina Housing FinanceAgency, the united states secretary of Housing and urban o6velop--'mentr drld the United States Secretiry of the ireasury identified 24urban census tracts which were eriq-ibIe for loans u-no.. theMortgage subsidy Bond Tax Act. The criterian is that 70t or more ofthe families have income which are BOt or Less of the state$ridemedian family income. of the 49,562 peopre living i; these censustracts 39,369 (818) were black compareo Lo 8,8r+ irat) white and L74(.6t) indian- The tracts eligible for targetting are as follows:

NORTH CAROLINA

County No. Tract

Tab1e I0
CENSUS TRACTS ELIGIBLE FOR TARGETING

County r9 80
TotaI

Wh ite Black American
fndi an

2L
5I
51
51
51
63
63
65
67
67
B1

2L7 3
1005
27 87
L482
2269

864
976

40t
27 LB
3065

703

s57
44t
487
449

77
0
I

34
23

7I0
459

15 08
523

2249
958

218 6
859
975
367

2689
2309
22I

2.O0
I.00
2.OO
3.00

r3.00
12.01
L2.02

201.00
6.00
8.O2

I0B .01

Buncombe
Cumbe rla nd
Cumbe rIa nd
Cumbe rla nd
Cumbe rIa nd
Durham
Durham
Edgecombe
Forsyth
Forsyth
Gui I ford

7
34
48

0
2
0
0
0
4

L7
I4

-2t-



NORTH CAROLINA

County No. Tract

Table I0
CENSUS TRACTS ELIGIBLE FOR TARGETING

County 1980
TotaI

White BIack Ame rica n
Indi an

119
I19
119
119
119
119
t29
L29
L29
189
r91
191
L95

4.00
6.00
7.00
8.00

37.00
49.00

111.00
113.00
114.00

9.00
10.00
17.00
8.00

Meckle nburg
MeckIe nburg
Meck Ie nburg
Meckle nburg
Meck Ie nburg
Mecklenburg
New Hanover
New Hanover
New Hanover
Wake
Wanye
Wanne
Wilson

623
19 01

757
3 346
2552

2I5
37 55
138 I
1675
4033
3007

567
6297

338
66
90
95

6
0

L32
L024

5
118

2658
27t
773

281
IB25

665
3246
25 47

2L5
36 07
3sI

1665
3904

337
268

5 514

3
3
0
0
0
0

L2
5
4
5
4
I
4

24 Census Tracts 48562 BB 14 39 369 174

85. In Lassiter v. Northampton County Board of Elections, 360u.s. 45 (1959 e court affirnreE-The-Ee"i=io.,
of the North Carolina Supreme Court which upheld the use of theliteracy requirement for voting in North Carolina. In Bazemore v.Bertie countv Board of Erections, 254 N.c. 398 (196r), tEe-Ndth--
Carolina Supreme Court struck down the practice of requiring regis-trants to write the North Carolina Constitution from dictation but
upheld the requirement of abirity to read and write the Northcarolina constitution to be administered to al1 applicants ofuncertain abirity. use of the riteracy requiremenL in North
Carolina did not totally cease until 1970.

86. In 1970, a referendum was submitted to the voters of NorthCarolina to amend the constitution of North Carolina to delete theliteracy requirement for voting. of the proposed constitutional
amendments before the voters at that time, the amendment to deletethe literacy requirement was the only one defeated. The amendment
$ras defeated in each of the folrowing counties: Meckrenburg,Forsyth, Durham, wake, wirson, Edgecombe, Nash, Harifax, Northampton,Hertford, Gates, Martin, gertie and Washington. The literacy re[uire-ment is currently N.C.G.S. S163-58 and Article VI 53 of the trtorthCarolina Constitution but is not currently enforced.

87. N.C.c.S. S163-67(a) provides that',No person shalL beregistered to vote without first making a writte;, sworn and signedapplication to register upon the form prescribed by the State Boardof Elections.. If the applicant cannot write because of physicaldisability, his name shall be written on the application-f6r him bythe election official to whom he makes application, but the specific
reason for the applicant's failure to sign sha1I be clearly stated
upon the face of his application.,,

BB. since 1915 North carolina has had a majority vote
requirement for party primaries. The f ir:s t maiori ty vote require-ment $ras enacted at the same time as the initial enactment of the

-22-



primary elect on method of nomination of candidates. It currentlyis contained in N.c.G.s. s163-r1r and reads as follows:
(a) Nomination Determined by Majority; Defini-t]gn of Majority. Except as otherwise piovided in

th is sect ion, ncmi nat ions i n pr ima ry elect ions shal Ibe determined by a majority of the votes cast. Amajority within the meaning of this section shalt bedetermined as follows:
(1) If a nominee for a single office is to

be selected, and there is more than dividing
the total vote cast for all aspirants bytwo. Any excess of the sum so ascertainedshall be a majority and the aspirant who
obtains a majority shall be dectared the
nomi nee.

(2\ If nominees for two or more offices(constituting a group) are to be
selected, and there are more persons
seeking nomination than there are
offices, the majority shall be ascer-
tained by dividing the total vote castfor all aspirants by the number ofpositions te be fil]ed, and by dividing
the result by two. Any excess of the
sum so ascertained shall be a majority,
and the aspirant who obtains a majorily
shalI be declared the nominee.

. (b) Right to Demand Second primary. Ifan insuf f icient number of aspirants recL irre amajority of the votes cast for a given office orgroup of offices in a primary, a second primary,subject to the conditions specified in tnis sel-tion, shall be held:
(f) If a nominee for a single office is to beselected and no aspirant receives amajority of the votes cast, theaspirant receiving the highest numberof votes shal1 be declared nominatedby the appropriate board of elections

unless the aspirant receiving the
second highest number of votes shalI
request a second primary in accordance
with the provisions of subsection (c)
of this section. In the second primary
only the two aspirants who receive<1
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 aII of thepositions within the group do not receive
a majority of the votes, those candidates
equal in number to the positions remainingto be fiIled and having the highest num-
ber of votes shall be declared the nomineesunless some one or all of the aspirants

-23-



equal in numbe. -t9 t,he positions remainingto be filled and having the second highest
number of votes shall request a secondprimary in accordance wi[h the provisions
of subsection (c) of this section. Inthe second primary to select nominees forthe positions in the group remaining tobe filled, the names of aII those cindi-dates receiving the highest number ofvotes and all those receiving the secondhighest number of votes and demandinga second primary shall be printed on the
bal lot.

89. North Carolina has never had a majority-vote requirementfor general elections.
90. rn 1983, Representative Kenneth spaulding, brack, intro-duced regislation, HB L7t, to reduce the majority iote requirementto 40t for primaries for the u.s. senate, congressionar s6ats,state-wide offices, the General Assembly and judgeships. This billwas defeated in the House Election Laws Committee. Later in theI983 Session, after the defeat of HB L7L, Representative sp."iJi.gintroduced HB 536 to reduce the majority vote requirement to 4rt forprimaries as long as the leading candidite obtained at least 3t moreof the votes than the next highest votegetter. This bilr wasdefeated in the House Election Laws comiiittee.
91. North Carolina enacted an anti-single shot voting law forlocaI elections in specified counties and muiicipaiiti"" in 1955.rt vras enforced until it was declared unconstitulional in Lg72 inDulston-v..Scot!t_336 F.Supp. 206 (EDNC LgTZ). Ir has not beenentorced since L972. At least since 1915, North Carolina has nothad an anti-single shot provision for nomination or election ofcandidates for the North carorina General Assembry.

na enacted a numbered seat requirement formulti-member districts in L96i. The provi_re-enacted when the GeneraL Assembly wasIt was declared unconstitutional in Ig72 inF.Supp. 206 (EDNC t972), primarily on the

92. North Caroli
specified legislative
sion was modified and
reapportioned in 197I.
Dunston v. Scott, 336
ground that it did not apply statewide. ttumber6d seat lequirementsprevent single shot voting.

93. North carorina has not had a numbered seat plan forelection of legislators since L972.

94- At least since 1950, North carolina has not had anystatutory or regulatory provisions for slating of candidates'in anycounty or district with aly significant concentration of minorityvoters. (There have, during this period, been some provisions fornomi nat ion by conve nt ion f ::om some wes tern count ies wi tn a ve ry 
- i",percentage of minority voters. )

?5: By district, the following number of black members haveserved in the General Assembly:

-24-



District (Number
of Seats

Mecklenburg House (8)

Meck Ie nburg/Caba rru s
Senate (4)

Forsyth House (5)

Forsyth Senate (21

Durham House (3)

Durham Senate (2)

Wake House (6)

Wake Senate (3)

Wi 1 so n/Ed ge c crnber/Nas h
House ( 4 )

Senators from counties
in Senate District *2

Representatives from
counties in Senate
District *2

96. No black
Assembly from 1900
elected. No black
two black senators
members serving in

(1) 0 0

0

0

0

0

I
0

0

0

0

0

person $ras elected to the
until 1969 when one black
person was elected to the
hrere elected. The number
the General Assembly since

2**

North Carolina General
representative was
Senate until L975 when
and percent of black
1969 is as follows:

7t69 83B179777573

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

I
1

0

I
0

0

I

0

0

0

I
1

0

I
0

0

I

0

0

0

I
1*

0

I
0

0

0

0

0

0

0

0

0

I
0

I
0

0

0

I

0

2

0

I
0

1

0

0

0

* appointed mid-term** Both elected from majority black districts

-25-



Term

19 69-7 0

197L-72

L973-7 4

L97 5-7 6

L977-7 I
1979-80

I981-82

I9B3-84

2 elected and
ted mid-term (

3 (2.5t)

4 (3.3r)

4 (3.3t)2

3 elected and
ted mid-term (

3 (3.sr)

11 (9.2S)3

I appoin-
2.5t )

l appoin-
3.3t)

House (Number followed Senate (Number followed
Percent ) Perce nt

I (.8t)

0

0

2

2l

(4r)

(4r)

r (2r)

r (2r)

I (2r)3

one black senator resigned midterm and a black person
was appointed to that seat.

Three blacks resigned midterm and were replaced byblack members.

Five representatives and the senator (or one half)rrrere erected frcm districts which are majority black.Five representatives were elected at large frommajority white multimember districts which are notcovered by 55 of the Voting Rights Act. prior to
L9B2 alI districts were majority white and alIelections $rere at large.

97. The following are the onry black people to serve in theNorth Carolina General Assembly this centur|: -

1.

2.

3.

-26-



Session Name Party-County District Terms

1969-70

L97 L-72

L973-7 4

L97 s-7 6

1977--tB

I9 79-80

19BI-82

1983-

D-Guilford

D-GuiIford
D-Robeson
D-GuiIford

D-Guilford
D-Robeson
D-Durham

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

D-Meck 1e nburg
D-Wake
D-Wake
D-Forsyth
D-Guilford
D-Robeson
D-Durham
D-Durham
D-Forsyth
D-Robeson

D-Mecklenburg
D-Robeson
D-Guilford
D-Durham
D-Forsyth
D-Mecklenburg

D-Guilford
D-Wake
D-Durham
D-Northampton

D-Guilford
D-Warren
D-Mecklenburg
D-Wake
D-Northampton
D-Cumbe rIa nd
D-Guilford
D- Forsyth
D-Cumbe rla nd
D- Forsyth
D-Robeson
D-Durham

26th House

26th House
24th. House
26th House

23rd House
2lst House
I6th House

22nd Senate
14th Senate
29th House
23rd House
2Ist House
15th House

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

22nd Senat.e
2Ist House
23rd House
l6th House
29th House
22nd Senate

I9th Senate
15th House
16th House
5th House

31st Senate
7th House

36th House
21st House
5th House

17th House
26th House
39th House
ITth House
39th House
15t.h House
23rd House

L969-7 0

L97L-72
L97 L-7 2
L97t-72

L973-7 4
L973-7 4
I973-7 4

1975-7 6
197 5-7 6
L97 5-7 6
L97 5-7 6
L97 5-7 6
L97 5-7 6

L97 7-7 B

L97 7)'
197 7-7 B

L977-78
L977-78
L97 7-7 B

L977
t97 7-7 B

1978
1978

1979-80
1979-80
1979-80
1979-80
1979-80
19 B0

1981-82
1981-82
1981-82
1981-82

I9 B3
19 B3
19 83
19 B3
19 B3
19 83
19 83
19 B3
19 83
19 B3
19 83
19 83

Henry E. Frye

Henry E. Frye
Joy J. Johnsqn
Alfreda Webbr

Henry E. Frye
Joy J. Johnson
Henry Ir!. l"lichaux 1 Jt.
Fred D. Alexander
John W. Winters
Richard C. Erwin
Henry E. Frye
Joy J. Johnson
Henry M. I"lichaux, Jr.
Fred D. Alexander
John W. Winters ^Clarence E. LiqhEnerz
Richard C. Erwin
Henry E. Frye
Joy J. Johnson
Henry !1. tlichaux , Jtrr
A.J. Howard Clements'
Howard L. fenne$y1 Jt.
Robert E. Davis-

Fred D, Alexander
Robert E. Davis
Henry E. Frye
Kenneth B. Spauldinq
Annie B. xeniredyb
Rowe t"lotley

Henry E. Frye
Dan T. B1ue, Jr.
Kenneth B. Spaulding
C. Melvin Creecy

WiIIiam N. Martin
Frank W. BaIance, Jr.
PhiIIip O. Berry
Dan T. BIue, JE.
C. l'lelvin Creecy
C.R. Edwards
Hennan C. Gist
C. B. Hauser
Luther R. Jeralds
Annie Kennedy Brown
Sidney A. Locks
Kenneth B. Spaulding

-27-



Webb was appointed December 3I, L97L, to replace
I'lcNeiI Smith (Guilford) .

Lightner vras appointed on August 3, L977, to replace
John W. Winters (Wake County).

3. Clement was appointed on August 3, L977, to replace
Henry !1. llichaux, Jr. ( Durham County ) .

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

Davis was appointed Eebruary L7, 1978, to replace
Joy J. Johnson (Robeson County).

Kennedy was appointed October L9, L979, to replace
Judson DeRamos (Forsyth County).

7. Motley was appointed in April, 1980, to replace
Fred Alexander (Mecklenburg County).

General Note on Term of Office: Article II, Section 9 of theConstitution of North Carolina sets the terms of office forLegislators. Prior to r9B3, this commenced "at the time oftheir election". rn 1982, a constitutional amendrnent was
approved setting "the first day of January next after theirelectionr" as the starting date.

98. North Carolina General Statutes S163-11 provides the
mechanism for filling a vacancy in the General Assembly. Between
L967 and 1973 r the Governor was required to appoint for the
remainder of the term the person elected by the County Executive
Committee of the potitical party with which the vacatlng member wasaffiliated when elected from the county in which the vacating memberresided. rn 1973r the provision was amended to provide that; in thecase of a multi-county district, the Governor should appoint theperson recommended by the district House of Representatives orsenatorial committee of the political party wiln which the vacating
member $ras af f iliated when elected. I'lembeis of the respectivedistrict committees were chosen by the county coventions or countyexecutive committees of each political party, with at least one
member f rcrn each county within the district, \rrith votes on the
committee based on popuration of the respective counties. Theprovision has since been amended to provide further adjustments insituations 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 Generar
Assembry for the week ending February 4t 1983,24 (9.0t) have been
ident if ied by 1"1r. George R. HaIl , 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, lI are secretaries
to the black Representatives and Senator, 3 are on the Sergeant-of-Arms

1.

2.

4.

5.

6.

-28-



staff, and I is on the House Clerk's staff. 170 of the Z9g clericaland.non-professional workers other than pages are personar secre-taries to the individual representatives- and senat6rs. Each senatorand representative serects his or her personar secretary.
100. No black person has been elected to statewide office inNorth Carolina or to the United States Congress from North Carolinasince 1900 with the exception of clifford Johnson who was elected asa Superior Court Judge in 1978, Richard Irwin who was elected to theCourt of Appeals in 1978, and Charles Becton who rrras elected to theCourt of Appeals in L982. Each of these was elected to fiII a seatto which he had previously been appointed.
r01. A1l judges who were appointed were appointed by theGovernor in office at that_time. special superior court Judges areappointed by the Governor for four |ear terms and do not run forerection at any time. There are eignL special superior courtJudges. AIl other judicial positions are normalt! filled by election,

_including Supreme Court Justices, Judges of the Court of Appea1s,Resident superior Court Judges, and District Court Judgesr'ltthough
lll!ially a judge may take oftice by gubernatorial appoinlmenr r;-fill a vacancy in office.

102. There h,ere no black judges in North Carolina before 196g.since 1968 the. forlowing numbei ano percent of judges in NorthCarolina have been black:

District

1968 L/LL2(0.9E)
1970 1/LL2(0.e8)
L972 2/LL2(1.8r)
L974 A/LLB(3.43)
L976 5/L18(4.292)
L97B 6/t24(4.8r)
1980 9A24(7.38)
1982 tL/L24(9.1r)
1983 L2/t24(9.7r)

0/4L
0/4L
0/41
0/42
0/47
L/sB(1.78)
t/sg(l.7E) ,
L/58(r.7t) r
o/58

0/8
0/8

L/8(t2.s*)
L/8(L2.52)
vB(L2.52)
v8(r2.s*)

0/8
2/B(2s*l
2/8(252)

042
042
0/L2
0/L2
0/L2
L/L2(8.3E )
L/L2(8.38 )
242(16.78)
242(16.78)

0
0
0
0
0
0
0
0
L/7 (L4.2*

I.

2.

Judge Johnson stopped serving as a Superior courtJudge in L982 when appointed to the C6urt ofAppea1s. He is counted in both places on thischart.

There is no official record of the number ofblack lawyers in North Carolina but the Northcarolina Association of Brack Lawyers has identi-fied approximatery 350. This is ln underestimateof the actual number but is approximately 4Z ofaIl Iawyers in North Carolina.
103. Exhibit SS is a list of black candidates who ran for theNorth Carolina House of Representatives or Senate since 1970 withsuccess in Primary and General Erections indicated.

-29-



104. North Carolina has 100 counties. They range in blackpopulation from 0.1t to 60.7t. Each has between three and sevencounty commissioners. Exhibit Ml'l is a list of all known black
County Commissioners in North Caro1ina.

105. Exhibit NN is a publication by the Institute of Governmentof the University of North Carolina entitled "Form of Government ofNorth carolina counties" (l9gr Edition), giving county popuration,
form of government, and method of selecting the governlng tody

106. There are 17 municipalities with a population over 25rOOOin North Carolina; 25 municipalities with a popufation between10,000 and 25,000; 28 municipalities with a population between 5,000and 10,000; 67 municipalities with a population between 2,500 and5,000, 109 municipalities with a population between I,000 and 2,500;
112 municipalities with a popuration 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 Governmentof the University of North Carolina of -napel HilI, entitled',Formof Government of North Carolina Cities" (1981 Edition), giving NorthCarolina cities by size and providing information such as county oflocation, form of government, type and selection of governing OoOy,for al1 known North Carolina municipalities with poputations of 500or more.

I08. Exhibit PP is a list of all known black mayors in NorthCarolina as of May, 1983. Exhibit QO is a list of aff known black'city councir members in North carorina as of May, 1983.

109. Prior to 1969 the State Board of Elections had no blackmembers. For each year since 1969, the North Carolina State Boardof Elections has had at least one black member, out of a total offive members. Since October, 1981, the State Board of Elections hashad two black members. Black members serving on the Board ofElections during the period from 1969 through the present are asfollows:
L. H. Jones, L969 L977
Dr. Sidney Y. Barnwell, 1977 lgBI
William Marsh, 1981 still serving on the BoardElloree Erwin, 19BI still serving on the Board

(El1oree Erwin is a Repubrican. The rest are Democrats. )

110. Mecklenburg County (House District #36) can be dividedinto eight single-member House districtp with two and only twodistricts over 658 black in population.

111. At its February, L9g2 Session, Ehe North Carolina House ofRepresentatives had available to it the proposal of the NorthCarolina Association of Black Lawyers, a proposat presented by
Representative Hege, (R-Davidson County) and a staif drawn ptln,
each of which contained two single-member districts in Mecklenburg
County which were majority black in population. The plan developedby the member of the legislative staif included a disirict which was66.I! bIack. in population and a district which was 7L.Z\ black inPoPula t ion. *

* Each district would be contiguous, reasonably compactr dod havea population deviation of less than plus or minus 5t.
-30-



112. The l'lecklenburg/cabarrus county Senate district (senateDistrict *22) can be divided into four slngle member districtJ ,itn
one of the districts over 658 brack in popuration.* onry onemajority black Senate district with a black population over 65E canbe drawn.

*Each district wourd be contiguous, reasonabry compactr dnd
have a population deviation or ress than prui oi *inu= 5t.

113. fn Februdry, L982, the General Assembly had before it theplan of the Brack Lawyers Association and the prin presented bySenator Ballenger (R-Catawba County) each of which Lreated a single-
member senate district wholly within Mecklenburg County which ,aiover 608 black in population. fn addition, a member oi the legisla-tive staff developed a single-member gistrict in Mecklenburg C6untywhich was 70.77* black in population.*

114. If Mecklenburg County $rere divided into single-memberdistricts, for either the House or Senate, it would be the firstdivision of that county for legislative districts.
115. The 1966 and L97L plan for election of members to theGeneral Assembly placed Mecklenburg County in an eight-member Houseof Representatives district cons isting soIely of t'leit<Ienburg County.

No black person was elected as a Representat.ive from that districtfrom 1966 through 1981. During that period seven black people ranfor the House of Representatives.

115. The House district consisting of Mecklenburg County wasnot changed in the 1982 apportionment. rn the LgBz general
election, Mecklenburg County elected eight members oi the NorthCarolina House for I9S3-1984. One of those members, phillip O. Berryis black. James D. Richardson, who is also blackr EErn but was notelected. He came in ninth.

It7. The 1971 plan for election of members to the General
Assembly placed Mecklenburg County in a four-member Senate Districtconsisting of Mecklenburg lnd cabirrus Counties. No senator fromllecklenburg County was black until L975. Ered D. Alexander, who wasblack and was from Mecklenburg County ran for the Senate but wasdefeated in L972. He was elected to the North Carolina Senate fromthat district for the L975-76, L977-78r and 1979-80 General Assemblies.Alexander filed for reelection in 1980, but died before the primarywas held. when Alexander died, Rowe Motley, who is brack, tuisappointed by the Governor to firr Arexander,s unexpired term.Alexanderrs name could not be removed from the primary elect.ionba1lot. Alexander lost the primary.

118. Mecklenburg and Cabarrus County elected four members tothe Senate in L982. James PoIk, who is blackr Edn as a Democrat but
was defeated in the General Election, running fifth.

119. Meckrenburg county has a five-member Board of county
Commissioners, aII of whom are elected-at-large. Currentlyr -one of

-3 1-



those five members, Robert L. walton, is brack. walton was first
elected in L976. rn 1978 he was defeated in his bid for re-
election. Walton was elected in 1980 and IgB2.

I20. Mecklenburg County has never had a black Sheriff.
a black VAP of 24*.

It has

121. crifton E. Johnson, who is blackr wds appointed to theNorth carorina court of Appears in 1982, where he is currently
serving. Johnson $ras appointed to the District court for
Mecklenburg county in 1969 and was subsequently elected and re-elected to that position. He was appointed by the Governor to be a
Resident Superior Court Judge in L977. He was elected a Resident
Superior Court Judge frqn l'{ecklenburg County in L978, having been
nominated by voters in the Mecklenburg County primary and elected bystatewide vote in the general election. He ran unopposed in thatelection. Johnson was the first and only black resident Superior
Court Judge from Mecklenburg County of five Resident Superior CourtJudges. 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 Appeals. At the time
Johnson was appointed to the Court of Appeals, Yvonne lvlims Evans, ablack attorney, sought to fill the Superior Court vdcdoc!r but the
I"leckIenburg County Democrat Party Executive Committee selected awhite nominee instead, and the white nominee was appointed by theGovernor. There are currently no black Resident Superior CourtJudges. .

L22. Mecklenburg County is a single-member Judicial District,
which elects ten District Court Judges. Currently, two of thosejudges, T. t"lichael Toddr dod Terry Sherrill are b1ack. Todd was
appointed in L979 and elected in 1980. He came in third in thevote of the Mecklenburg County Bar for nominations for the seat.
He came in behind two white candidates. Todd was, nonetheless,
appointed by the Governor. Terry sherrill came in third in thevote of the tlecklenburg County Bar behind two white candidates
and was appointed by the Governor in 1983.

L23. The charrotte-Meckrenburg Board of Education has
nine members erected at large to four-year terms on a staggeredschedule. Curently, two of those members, Sarah BeIle Stephenson
and George E. Battrel J-..1 are black. stephenson was erecled in
1980 for the first time. Battle was elected in 1978 for the firsttime and r^ras re-elected in 1982. Until his resignation to run for a
House seat in the North Carolina General AssembIy, Phillip O. Berry,
who is brack, $ras chairman of the Boardr S€rving along wiln
Stephenson and Battle. Berry was first elected to the Board in Lg76
and was re-elected in 1980. of six or more persons seeking toreplace Berry upon his resignation, a white person was selected bythe remaining Board members although Arthur Griffin, who is blacklsought the position.

-32-



L24. Exhibit RR is an accurate tist of black candidates whohave run for countywide office in Mecklenburq County or in *unicipalelections for the City of Charlotte since I9G4

125. The Mecklenburg County Board of Elections has threemembers. From ivlarch 2, 1970, until his death in ttay of Lg72,6r.
Wa1ter B. Nivens served on that Boardr dod was Chaiiperson fromMarch of L972, until his death. Jack Martin also served on theMecklenburg county Board of Elections from July 13, Lg72, throughMarch of L974r s€rving as chairperson for a pait of that time.
lhyrris Lynch has served on Ehe I'leckrenburg -ounty Board ofErections since June of L977 through the present lnd has beenChairperson since June of 1981 through the present. Nivens, tlartinand Lynch are black and are the only black people who have servedon the Mecklenburg County Board of Elections. -

L26. The immediate Past Chairman of the t'lecklenburg CountyDemocratic Executive Committee, for the term from 19gI Lhrough't"tay1983, was Robert Davis, who is black. Davis is the onry ora6rperson ever to hold that position.
L27. The City of Charlotte, Iocated in Mecklenburg County, hasa-totaI population of 3L4.447 according to 1980 census-figure3. 3Igof tlrg population and 20.68 of the registered voters in Clarlotteare black.

L28- The charrotte city councir has ereven members, sevenelected from Districts and four elected at large. Of the currentmembers, charles Dannelly and Ronald Leeper, both elected frommajority black districts, and Harvey Gantt, elected at large, areblack. Gantt was first elected to lhe City Council in Lg7i, and re-elected in L977. He was elected to the Cily Council again in I9Bl.He is currently t"layor Pro-Tem of Charlotte. Gantt did not run forCity Council in L979 because he ran for l"tayor. He was defeated by awhite candidate in the Democratic Primary. Danne1ly and Leeper ,6r.both first elected in Lg77 and re-elected in LgTg 
"-r.,o 

l98r.
L29. The portion of Eorsyth County which is in House District39 can be divided into five single-member districts. Either onedistrict over 65E black can be formed or two majority brackdistricts can be formed.*

I30. rn February, 1982, the General Assembly had available toit the plan of the Black Lawyers Association and a plan presented byRepresentative Hege (R-Davidson), each of which conluinei a single
member district whorly wi thin For:syth county wh ich h,as over ggt
Plq.\ in_population. In addition, a member of the legislative staff
lud developed a single-member district in Forsyth coutty which was70.008 black in population.*

*Each district would be contiguous, reasonabty compact
and have a popuration deviation of ]ess than prus or
minus 5C.

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131. rt is not_possible to draw a majority-black single-memberSenate district in Forsyth County.

I32. In the L982 General Elections for members of the Northcarolina General Assembly, District thirty-nine elected fiveRepresentatives of whom two, C. B. Hauser and Annie Brown Kennedy,are brack. District 39 consists sorery of Forsyth county, notincluding t$ro townships of Forsyth cou-nty placei in Distiict 29.
133. Richard C. Erwin, who is black, was elected as a member ofthe North Carolina House of Representatives from Forsyth County io.L975-76 and 1977'78. He resigned from the General Asiembly up|n hisappointment as a Judge of the North Carolina Court of appe-ats'inL977, to which he hras erected in 1978, and where he continued toserve until his appointment in october 1980 as a United StatesDistrict Court Judge for the Middle District of North Carolina.Erwin, one of twelve Court of Appeals Judges, was the first black toserve on the court of Appeals when he was appointed in Lg77.

134. Harord L. Kennedy, Jr., was appointed February g,1978, toreplace Richard C. Erwin i; the North ciiofina General issembly uponErwinrs appointment to the North Carolina Court of Appeals. Kennedyis black and is from Forsyth County. Kennedy ran roi re-election tothe House of Representatives in L97B and losl.
r35. on october 19, lgjg, Annie B. Kennedy, who is black, wasappointed to replace Judson DeRamus, who is wniter ds a member ofthe North Carolina House of Representatives from Forsyth County.Kennedy ran for re-election in l9g0 and lost; she ran in LgB2 anOwon.

136. The Forsyth County Board of County Commissioners has fivemembers elected at large. currentry, that Board has one blackmember, Mazie Woodruff. When elected in L976, she was the firstblack member of !h" Forsyth County Board of County commissioners.Forsyth-County elects Commissioners for four year terms. Woodruffran again in 1980 and was defeated by a white candidate. She ranagain in L9B2 and was elected

r37. Forsyth county has never had a brack sheriff.Age Population of Forsyth County is 222 b1ack.
The Voting

138. James Arthur Beaty, JE., a black resident of ForsythCounty, was appointed by the Governor as a special Superior CourtJudge in 1981.

139. The Forsyth County School Board has eight members electedat-large. B.gyford Bailey, who is black, is curiently a member ofthat Board. Thirty seven percent of the student enrollment of thePorsyth County Public Schools is b1ack. The population of ForsythCounty is 24* black.

140. In Forsyth County'there has been no black chairman of theDemocratic party.

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14I. The Forsyth County Board of Elections has three members.
H. B. Goodson, who is blackr S€rved on that Board from 1973 until
L979. Joan Cardwell, who is also black, has served on that Board
from L979 through the present and is Secretary.

L42. The City of Winston Salem, Iocated in Forsyth County, has
a total population of I3Ir8B5 according to 1980 census figures.
40.168 of the population and 3I.9t of the registered voters in the
City of Winston Salem are b1ack.

143. The Winston-Salem City Council has eight members elected
from wards in ,addition to the mayor. Currently there are four black
members on t.he Council. Larry Little, Vivian Burke, Virginia
Newell, and Larry Womble. Little, Burker dod NewelI were aII
elected in L9'77 and re-elected in 19BI from majority black wards.
Womble was first elected in 19BI by defeating an incumbent white
Democrat in the primary and a white Republican in the general
election. His ward has 4,536 white registered voters , 2,893 black
registered voters, and three of other races. Prior to L977,
C. C. Ross, CarI Russel1, and Richard Davis, all black, were elected
in 1970 and 1974 from majority black wards. (The election
schedule was changed from even to odd years between the L974 and
1977 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
minus 58.

145. In Februdry, L982, the General Assembly had before it the
Black Lavryers Association apportionment which contianed a single
member district in Durham County which vras over 70t black in
population and the proposal of Representative Hege, (R-Davidson
County) which contained a single-member district within Durham
County which was over 658 black in population. In addition, a
member of the regisrative staff had deveroped a singre-member
district for Durham county which r,ras 70.91t black in population.

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

L47. ff Durham County were divided into single-member
districtsr for either House or Senate districts, the division of
Durham County would be the f ir:s t divis ion of that county for
Iegislative districts.

148. At all times since 1973r oo€ of Durham Countyrs three
Representatives to the North Carolina House of Representatives has
been bIack. B1ack members from Durham County during that period are
as follows:

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I. Henry M. Michaux, Jt elected to the Ig73, Lg75,
and 1977 General Assemblies (resigned in 1977 to be_
come united states Attorney for the Middle Districtof North Carolina).

2. A. J. Howard Clement, III, appointed to the expira_tion of Michauxrs term in L911 General Assembr!2.
He ran for re-election in lgZB and LgB2 and ,r-=defeated both times in the Democratic primary.

Kenneth B. spaurding -- elected to terms in the Lg7g,1981, and 1983 Generar Assembries, where he continuesto serve.

149. Prior to 1973 no black person was elected to the House ofRepresentatives frcrn Durham County and no black person has ever beenelected to the Senate from Durham County.

150. The Durham County Board of County Commissioners has fivemembers elected at large. No blacks servei prior to Lg67. Thefollowing black people have served on the commission since 1969:

Asa T. Spaulding 1969-72
Nathan Garrett I973-74
William V. BeII 1973 - current
Edna Spaulding I97S - current

William V. Bell is currently Chairman of the
Durham County Board of County Commissioners.

151. Durham county has never had a brack sheriff. Durhamcounty has a black votlng Age popuration of 33.6t.

L52. Charles L. Becton, a black resident of Durham County, was
?Ppointed by the Governor to the North Carolina of appeafs as-one ofi!" twelve judges in 1981. He was elected by a stat'ewide vote tothat office in L9B2 to fill the remainder of the term until I9g4.Becton and four other incumbents ran unopposed in th; I9B2 election.Ten Democrats ran for the three other sells which were up forelection in L982 with no incumbents running.

153. Durham County is a single-county judicial district withfour Distr:ict court Judges. prior to 1971, none $rere black. rnL979r the Governor qppointed william G. Pearson, who is black to bea District Court Judge. Pearson was elected in I97B and in 1982.rn 1979 the Governor appointed Karen Galloway, who is bLackr to be aDistrict court Judge. - Galloway \.ras etected in LgBz.

3.

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154. The Durham
board. From March 2
member of that board
six years ending in
member on the Board.

County Board
, L970, until
. Marsh, who
L979. Since

of Elections is a
June of I9BI, WiI
is blackr s€rved

19BI there has not

three-membe r
Iiam l"larsh was a
as chairman for
been a black

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

Name Beginning of Term

*Lavonia AlIison, B
Howard Clement, B
Willie Lovett, B
Barbara Smith, W

Robert Sugg, W

Jeanne Lucas, B

1969 or 1970
L97 4
L977
L979
19BI
19 83

Lavonia Allison was the first black chairman of the Durham
County Democratic Party.

*3 - indicates black
W - indicates white

156. The City of Durham, Iocated in Durham County, has a totalpopulation of I00r538 according to corrected census figures. 47.08t
of the population and 38.9t of the registered voters in the City of
Durham are black.

157. The Durham City Council consists of twelve members, inaddition to the mayor. Six are elected at large. Six are electedat 1aE9€, but must reside in wards. Currently, the following three
members are black: Ralph Hunt, representing a majority black ward;chester L. Jenkins erected at large; and A. J. Howard crement,
appointed on I'lay 16, 1983, to the expiration of t"laceo K. sroan,s
term. sloan, who is also brack, \.ras erected at large and resigned
ApriI 18, 1983

158. Wake County (House District #2L) can be divided into sixsingle member districts with one and only one of them over 65t blackin population. *

I59In February, 1982, the Legislature had available to it theproposal 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 the legislative staff had pre[areO a
single-member district for Wake County which was 68.5t bfaif in
population. *

Each district would be
and have a population
minus 5t.

cont iguous,
deviation of

-31 -

reasonably compact,
Iess than plus or



160. If Wake County were divided into single-member House
districts, it would be the first division of that county for House
districts. Wake County was divided the first time for Senate
districts in 1982.

161. It is not possible to draw a single-member majority black
Senate district which is in Wake County or includes substantial
.parts of Wake County.

L62. Dan T. BIue, Jr ., who is black, was elected as a member of
the House from Wake County for the 1981-82 and 1983-84 General
Assemblies. In the L9B2 Democratic primary, Blue received the
highest vote total of the fifteen Democrats running. In the L982
general election, BIue received the second highest vote total of the
seventeen candidates for six seats. Five of the seventeen candidates
were Libertarians. A11 Democratic candidates won. BIue had run in
I97B as a Democrat and he lost in the primary.

163. John W. Winters, who is black, was elected as a Senator
from Wake County for the L975-76 and L977-78 General Assemblies.
Upon Winters' resignation, to accept an appointment as a member of
the North Carolina Utitities Commission, Clarence E. Lightner, who
is bIack, and is from wake County, was appointed to replace Winters
in the North Carolina Senate. Except for the period from L975-78,
Wake County has never had a black Senator.

164. Wake County has a seven-member Board of County Commissioners,
who must reside in districts, but who are nominated and elected-at-
large. Elizabeth B. Cofield, who is black, is a member of the Wake
County Board of County Commissioners. Cofield was first elected in
L972 and 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.

165. Wake County is a single-county Judicial District with
eight District Court Judges of whom currently 2, Stafford BuIlock
and George Greene, are black. Judge Bulrock was appointed by the
Governor in 1974 and was elected in L976 and re-elected in 1980
and has been serving continuously since L974. Judge Greene was
elected in L974, l97B and L982. In addition, Acie Ward was appointed
by the Governor to the District Court bench in L982. She was
defeated in her bid for election in 1982. The person who defeated
her is white.

166. The Sheriff of Wake County, John J. Baker, Jr., is black.
In L982, Sheriff Baker vras elected to his second consecutive term.
Baker received 45,7 75 votes (63.58) in the general election November
2, L982, while his Republican opponent Clyde Cook, received 25,646
votes (36.58). In the Democratic primary held June 29, l9B2 Baker
received 26,329 votes, Tracy Bowling received L2r2L8 votes, and Ira
C. Fuller received 4,L62 votes. Cook, Bowling and FulIer are all
white. On Novembet 2, L982,77.62 of the registered voters in Wake

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county were Democrats and 22.42 of the registered voters were
Republicans.

L67. When John Baker first ran for Sheriff in 1978, he
received 15,250 votes in the Democratic primary compared to
15,102 for Lestor: Kelly and 7 1409 for Robert Decatsye both of
whom are white. rn the second primary Baker got 22,4L5 votes to
L8,925 for Kelry. rn the Generar election Baker got 32r\a2 votes
compared to 31,882 for cook, the Republican who is white. Baker
was the first brack sheriff in North carorina this century.

168. Wake County has a nine-member Board of Education, all of
whom are erected frcrn districts. currently, one of those nine
members, Vernon Mal0ne, is black. Mal0ne was elected from amajority black district.

169. The Wake County Board of Elections consists of three
members. J. J. Sansom, JE. s€rved from March 2,1970 until December
of L977, when he resigned. Rosa GiLr has been a member since
Decembetr 6, L977, and has been chairperson since Apr:il 19, lg7g.
Sansom and GilI are both black.

I70. There has never been a black chairman of the Wake County
Democratic Party.

17r. The city of Raleigh, located in wake county, has a totalpopulation of 150,255 according to r9B0 census figures. 27.432 ofthe population and 18.lt of the registered voters in Raleigh are
black.

L72. clarence E. Lightner, who is black, was erected as and
served as Mayor of Raleigh from 1973 to 1975. Raleigh is located in
Wake County and is the capital of North Carolina. Lightner is theonly black Mayor Raleigh has ever had.

173. The Raleigh city councir has z members, two elected atlarge and five elected from wardsr prus the mayor serving ex-
officio. Since 1979, Arthur Calloway, who is black, has represented
? majority black ward on the city councir. carloway initialry
defeated william Knight, also black, who served from 1973 untit
L979. No other members of the Raleigh city council are brack.

L74. House District B (Wi1son,
be divided into four single-member
over 60t black in population.*

I75. House District #8 is not
ment. There has never been a black
district.

Edgecombe and Nash Counties) can
districts with one and only one

changed from the 197I apportion-
representative from this

L76. Edgecombe County has a five-member Board of County Commissioners,
aII of whom are elected at large. Currentlyr two of those County
commissioners, Thomas walke.r and J.o. Thorne, are black. 43t of the

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

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registered voters in edgecombe County are black. Walker and Thorne
are the first bracks to serve on the Edgecombe county Board of
Commissioners. Wilson County and Nash County have never had a black
county commissioner.

L77. Wilson County, Edgecombe County, and Nash County have not
had a black sheriff in this century. The voting age population of
ldil9on County is 32.4* black. The voting age population of Nash Countyis 29.48 black. The voting age population of Edgecombe County is 46.7*black. The Supervisor of Elections of Nash County recalls no black
candidate for sheriff over the last 20 years. Over the last twentyyears, only one black has filed for and run for the office of sheriffin Wilson County. Frank Jones, who is black, ran in 1974. Out of thefield of four candidates, the incumbent, w. Robinson Pridgen, received
3r586 votes in the first primary. Jones, the black candidate received
21480 votes in the first primary. Two other white candidates received,respectively, 1,662 and L,27 0 votes, respectively, in the first
primary. Pridgen defeated Jones in the second primary by a vote of
6,32L to 3,4L4. Over the last ten years only one black is known to
have filed for and run for the office of sheriff in Edgecombe County.

17B. The Wilson, Edgecombe and Nash County Democratic parties
have never had a black chairman.

L79. It is not possible to draw more than two single-member
lqjoritv brack House districts in Guirford county. one majority
black district currently exists.

180. 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 54.9tblack in population.

181. On December 31, L97L, Alfreda Webb, who is black, was
appointed to replace trtcNeil Smith, who is whiter ds a member of theNorth Carolina House of Representatives from Guilford County. Webbran for re-election in L972 and lost in the primary.

r82. Henry E. Frye, who was appointed to the North carorina
Supreme Court in I9B3-and who is biick, was elected to the NorthCarolina General Assembly as a Representative from Guilford Countyfor the 1969-70, l97L-72, L973-74, L975-76, 1977-78 and 1979-80
General Assemblies and was elected as a Senator from Guilford
county for the 1981-82 Generar Assembry. Frye did not run in1982. Frye is one of seven supreme court gubtices and is thefirst black to serve on the North carorina supreme court this
ce ntury.

IB3. In the L9B2 elections for members of the 1983 General
Assembly, William M. Martin, who is black, was elected from the 31st
Senate District, consisting of Jefferson Township, Greensboro precincts

-40-



?, 4, 1, 9t 7, 8, 9, 11, 19, 25, 29, and 30, High Point Precincts 3,5, 6, 7, 11, 12, and 19, Jamestown Precincts l, 2, and 3, Sumner
Townshipr and Block 92L of Census Tract 166 in High Point Township,
all in Guilford County. The 3lst Senate District is 54.9t black inpopuration. rn r9B0 wirriam Martin had run for the House of
Representatives from Guilford county in a countywide at large
election and lost. He was the only black candidate in that election.

I84. In the L9B2 elections for members of the 1983 General
Assembry, Herman c. Gist, who is brack, and who is from Guilford
County, was elected frcrn the 26th House District consisting of
Providence Township of Randolph County, Greensboro precincts 5, 6,7r 8, 19, 29, and 30 and Fentress Township of Guirford countyr ds €r
member of the North Carolina House of Representatives for tha 1983-
84 General Assemb1y. The 26th house District is 66.9E black inpopulation. 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 atlarge for four year staggered terms. Guilford County has not had ablack county commissioner since 1978. At that time B. A. Harr, who
had served since L974, was defeated in his bid for re-election.
There had been no black County Commissioner in Guilford County prior
to L974.

185. Guilford County is in a single-county judicial district
electing eight District Court Judges of whom cuirently one, WilliamHunter, is black. Hunter ran for judge in a countywide singte seatelection in 1980 and lost. He was appointed by the Governor in
I981.

187. Guilford County has never

I88. In February, L982, and in
Redistricting Committee was informed
drawn in the area of Senate District
popula t ion.

had a black Sheriff.
ApriI, L982, the Senate
that a Senate district could be
2 which was 59.4t black in

189. In February, 1982, the Senate Redistricting Committee hadbefore it the proposal of the Black Lawyers Association which con-tained a proposed single-member district in the general area ofcurrent senate District which was 60.7t black in population.*
I90. In February 1982, Senate District #2 was 5I.7t b1ack. In

response to the objection letter of the Attorney General of theunited states dated April 19, L9B2 (Exhibit y), in Aprir, LgB2, rhe
General Assembly amended the apportionment of the Senate such thatsenate District #2 became a 55.It black district. rt is onlypossible to draw a Senate district with a 60? or mot:e black majority
in the area of Senate District #2 in part by decreasing the 49:3t

*Each distr:ict would be contiguous, reasonably compact,
and have a population deviation of less Lhan-plus or
minus 5t.

-4 t-



brack percentage in the area of senate District #G. rt is notpossible to draw two majority black Senate districts in theJe areaswith both of them over 55t black in population.

191. None of the counties in Senate District *2 had a black
she ri f f.

Lg2. There are currentJ.y four black sheriffs in North Carolina.
They serve in Wake, Pender, New Hanoverr aod Warren Counties. Thereis currently one black Clerk of Court, in Gates County.

-42-



II. CONTENTIONS

A. Gingles class as Pl-aintiffs in Gingres v. Edmisten:

Ralph Gingles, et aI. contend that defendants' use of
majority white multimember legislative districts in those areas of
the state in which there are sufficient concentrations of black
voters to form majority black single member districts results in an

abridgement of the right of black citizens to vote on account of
their race. Defendants' use of muLtimember districts, taken in
light of all the circumstances, has the result of preventing plain-
tiffs from eleeting representatives of their choice to the North
Carolina General Assembly. Plaintiffs contend that defendants' use

of multimember districts, under the circumstances, violates S2 of the
Voting Rights Act of L965, 3s amended by the Voting Rights Amendments

of L982, 42 U.S.C. S1973 (hereafter ,'S2,,) and the Equal protection

Clause of the Fourteenth Amendment to the United States Constitution.
In particular, plaintiffs contend that the adoption of House

District No. 36 (Mecklenburg County) (8 members), House District No.

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

County) (3 members), House District No. 2l (Wake County) (6 members),

House District No. 8 (WiLson, Edgecombe and Nash Counties) (4 mem_

bers), and Senate District No. 22- (Nlecklenburg and Cabarrus Counties)by submerging substantial concentrations of 
-tfict 

";i";;-dilutes minority voting strength/into a larger white electorate and

by preventing members of the black community from electing represen-
tatives of their choice.

rn addition, plaintiffs contend that senate District No. z,
which is 55.17"b1-ack in population but is only 46.22 black in vorer
registration, results in the inability of black citizens to elect a

representative of Eheir choice and that the North Carolina General

-43-



Assembly, in enacting the senate apportionment, intended that result.
The General Assembl-y had available to it a proposed district which
\ilas over 6A7" black in populaEion and a potentiaL district which was
59'47" 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 Gingles plaintiffs contend that the use of multi-
member districts under these circumstances and the configuration of
senate Districts Nos. 2, 6 and 10 viol-ate the Thirteenth and. Fifr.
teenth Amendments to the united States constitution.

- 44-
('tr + t1[ omtl+rrt)



1.

2.

3.

'I'r1tl .PuGrl t/iJALN'r'1t'!'b uuN'l'tsND :

They are a sarierrt crass of voters entitled to raise equal
protection craims as to the use of multimember and single
member districts.
N.C.G.S. 120-1 and 120-2 apportion North Carolina legislative
districts into single member and multimember districts.
That a voter in a murtimember district has a more than pro-

portionate chance of affecting an election outcome than does a
voter in a single member district through the use of weighted
vot ing .

That large multimember districts tend to elect representatives
from certain limited, socio-economic classes.

That large multimember districts make it more difficult for a
voter to select from among the candidates compared to the
ability of a single member district voter.
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.
That Pugh Praintiffs votes are effected by the use of such

districts because citizens of multimember districts have
oiminished access to the political process.

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 minorlty voters.

10. That voters in large multimember districts specifically in
wake, Durham, Mecklenburg, 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 large multimember districts has the effect of
diluting minority votes.

12. That the Legislature was aware of the discriminatory effect
of large multimember districts and the use of county Iines
in apportioning the Senate and House Distridts.

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

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

4.

5.

6.

7.

8.

-47 -



15' That the Legislature, notwithstand.ing the adoption of saidcriteriar provided for tr," -""rectiori 
"f'-r"-.ti51 into_rarge

lii' :H?"? : : ? iii,:' I ; : ;, ;i:;,"# ii; "*,:. H, * # i :. ". . i ri, ru., i i vrhe u. . s. Attolney's orf ice tr,it rarse -;;i;i_:,lf..rr!::l?:.::
: if".l" :"' 5 i,,i& "!;; : ;".'r".!' ::. ii : " 

;- l,." """i;: a i "i . ii,-i# t i,, g
16' That th.e Legislature could have taken into account the racialand politicar make up of the muitimember districts.
l7' That there i." a presumption of discrimination in the use ofmurrimember disrricts which ,,r*".i.urlv '";;;;;;" 

minoriry partyvoters ano minority racial 
""t"i":l8' That lht Legislature refused to consider alternative plansavailable to it to avoid aiiution of minority groups.

1e ' Ji::ri:""'"=" '"'r'ifl'i"::: Lesislarure inrended the roreseeable

20' That the combination of multimember and -single member districtsas provided for in N.c.c.s. rio_r and tzo.!i-i= not rationallyrelated to a compelling state purpose or interest.
2l' That the General Assem_b,y under sections 3 and 5 0f the con_stitution of North caroliia restlict-s o. pr."ira." reapportion-ment by the General Assembly-L!v"ro the ^fi-r-J regular sessionconvening after the return of th6 decennial census.
22' That N'c'G's' 120-1 and t2o-2 violate the Equal protectionclause of the 14th amendment ana tne arti"il f ana section 19of the North Carolina Constitution.

-48-



c. Defendants' Contentions.

North Carolina Generar statutes s12o-1 and sr20-2r dsenacted in chapters 4 and 5 of the l9g1 session Laws, FirstExtra session , L9B2 | and amended by chapter 1 and 2 of the1981 sessi-on Laws, second Extra seisionl l.g}2, 
"ornply fulryin all respects with all provisions of the united states andNorth carolina constitutions and all rerevant statutory pro-visions. Specifically, the laws establishing tne-currentdistricts for election of senators and Repreientatives tothe North carolina Generar Assembly do not violate theThirteenth, Fourteenth, or Fifteenlh Amendment to the consti-tution of the united states, s2 or s5 of the votirrj--nigr,t"Act, as amended, 42 u.s.c. s1973, or 42 u.s.c. sl9gr or sL9g3,or any other provisions of 1aw whatsoever. These statuteswere enacted without discriminatory intent or effect andneither abridge the right of black citizens to vote, diluteminority voting strengthr or deny black citizens theiropportunity to erect candidates of their choice.

Defendants further contend that blacks have fulr accessto the political process in North Carolina and that the existinglegislative districts afford brack voters an opportunity toerect candidates of their choice which is equail or superior,to the electoral opportunity provided by sirigle'member dis_tricts advocated by.the ptainlitts. tn-partlcular, ih"existing districts in wake, Durham, t'teckienburg, rorsyth,Nash, wilson, Edgecombe counties, and senate District 2, andany other districts targeted by plaintiffs, provide blacks theopportunity to elect candidatel of their choice.
Defendants further contend that black voters in Northcarorina are free from election practices, proced.ures ormethods, that deny them the same opportunity to participatein the political process as other citizens 6nioy.

-qq -



III. LISTS OF EXHIBITS

A. Gingles Plaintiffs

Number

List of Exhibirs

Title

1. Vita of Bernard N. Grofman
2. Senate Plan, Chapter 2, Lgg2 2nd ExrraSession (Map)

3. House P1an, Chapter 1, lgSZ 2nd Extra
Se s s ion (Ia"p )

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

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

6. (a) and (b) House District 23, Durham
County, Map and Legend

7, (a) and (b) House Disrricr 2L, Wake
County, Map and Legend

8. (a) and (b) House Disrricr
Edgecombe and Nash Counties
Legend

9. (a) and (b) Senate Disrricr
burg and Cabarrus Counties,
Legend

l-0. (a) and (b) Senare Disrricr
Legend

11. "Effects of Multimember State House and
Senate Districts in Eight North CaroLina
Counties , L978-82,,, Grofman, 19g3

L2. "An Outline for Racial Bloc VotineAnalysis, " Grofman, l9g 3 "

13. (a) and (b) Racial Bloc Voring Analysls,
Mecklenburg. Counry, Senare L91g tprimai-yand General)

(") and (d) Racial Bloc Voting Analysis,
Cabarrus County, Senate L97g feri*riyand General)

(e) and (f) Racial Bloc Voting Analysis,
(Prinary and C,eneral)

8, Wilson,
, Map and

22, Mecklen-
Map and

2, Map and

Defendants
Ob-i ection

Objections reserved
Objections reserved

Objections reserved

Objeetions reserved

Objections reserved

Objections reserved

Objections reserved

Objections reserved

Objections reserved

Objections reserved

Objections reserved

Objections reserved

Objections reserved

Objeetions reserved

-50-

Objections reserved



Number Title
Defendants
Obj ect ion

Objections reserved(gl Racial Bloc Voring Analysis,
Mecklenburg County, Senate 1980(Primary only)
(h) Racial Bloc Voting Analysis,
Cabarrus County, SenaEe 19g"0 (irimary
only)

(i) Racial Bloc Voring Analysis,
Mecklenburg/Cabarrus CountiLs, Senate1980 (Primary only)
(j)_ and (k) Racial Bl-oc Voting Analysis,
Mecklenburg. County, Senate L9d2 (primary
and General)

(1) and (m) Racial Bloc Voting Analysis,
Carbarrus County, Senate LggZ Ipri*"ryand General)

(n) and (o) Racial Bloc Voting Analysis,
Mecklenburg/ Cabarrus Countiesl Senate
L982 (Primary and General)

(p) 9trarlorte_Observer_, April L7, 19g0,AprifT[T9-ffi1-22,' t980, epiir30, 1gg0

L4. (a) and (b) Racial Bloc Voring Analysis,
Mecklenburg. County, House, 1980 (primary
and General)

(c) and (d) Racial Bloc VotingAnalysis,
Mecklenburg. County, House , T962 (primary
and General)

(e) and (f) Racial Bloc Voting Analysis,Forsyth County, House Lgg2 (piimary- and
General )

(h) Racial Bloc-yg!i"g Analysis, ForsyrhCounty, Senate 1980 (Frimaryy

15. (a) and (b) Racial Bloc Voring Analysis,Forsyth Coynry, House LgTg teiimaiyand General)

(c) and (d) Racial Bloc Voring Analysis,Forsyrh County, House 19g0 fpiimaiy- andGeneral

(e) and (f ) Racial- Bloc Voting Analysis,Forsyth County; House Lgg2 lfiimaiy anaGeneral

(h) Racial Bloc-y9!i"g Analysis, ForsyrhCounty, Senate 1980 (Frimaryy

Obj ections reserved

Obj ect ions reserved

Obj ections reserved

Obj ections reserved

Obj ections reserved

Obj ections reserved

Obj ections reserved

Obj ec t ions reserved

Obj ections reserved

Objections reserved

Objections reserved

Objections reserved

Objections reserved

- 51-

Objections reserved



Number Title

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

(c) Racial Bloc Voting Analysis, Durham
County, House 1980 (General)

(d) and (e) Racial Bl-oc VotingAnalysis,
Durham County, House L982 (Primary and
General )

(f) Racial Bloc Voting Analysis, Durham
County, 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 County, House L982 (Primary)

(b) Racial Bloc Voting Analysis, Wilson
CounLy, House L982 (PrimarY)

(c) Racial Bloc Voting Analysis, Nash
County, House L982 (Primary)

(d) Racial Bloc Voting Analysis, House
District No. 8, House L982 (Primary)

(e) and (f) Racia1 Bloc Voting Analysis,
Edgecombe County, Congress L982 (First
and Second Primaries)

(g) and (h) Racial Bloc loqing Analysis,
Wilson 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 L982 (Primary
and General)

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

(n) Racial Bloc Voting Analysis, Nash
County, County Comrnission L982 (Primary)

Defendants
Obj ection

Objections reserved

Objections reserved

Objections reserved

Objections reserved

Objections reserved

Objections reserved

Objections reserved

Objections reserved

Objections reserved

Objections reserved

Objeetions reserved

Objections reserved

Objections reserved

Objections reserved

Objections reserved

Objections reserved

Objections reserved

-5:-



Number Title
Defendants
Obi ection

Objections reserved

Objections reserved

None

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

L9. E1ectoral Participation and Success
by Race, L970-L982

20. "The Disadvantageous Effects of At-
Large Elections on the Success of
Minority Candidates for the Charlotte
and Raleigh City Councils,', Grofman,
1 983

2L. Vita of Harry L. Watson

22. Ealeigh News arid Observer , L/30/LBgg,
Cartoon

23. Baleigh News and Observer , LO/L5/TBgg,
Cartoon

24. Baleigh News and Observer, 7/4/L}OO,.

25. "White People Wake Up," Leaflet, 1950

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

(b) Raleieh News and O_l5Crver, 5/27/54,(xer 
""*""i 1

(c) Raleigh News and Egrver, 5/28/54,(Xer 
".*!"i l

(d) Raleigh Negs and Observer, 5/Zg/54,
"Alt '

(e) Raleigh NeJ,ys_and Observer , 5/29/54,(Alr iisement )

27. ,(a). Raleigh Nelrs and Observer , 5llrg/60,"Lat(e Sturing Passions on Desegregation
Issuestt

(b ) &aIeiBh . Nelus _qnd Observer , 5 / 26 /60 ,(Lak i
(c ), Raleigh 

_ 
Neyrs qnd Observer , 5 /26 /60 ,(LaKe politicaL Advertisement)

28. Bal_eigh News and Observer , 6/2/64, ',Moore

-53 -



Number

32.

33.

34.

35.

36.

38.

39.

40.

4L.

Title
Defendants
Obj ection

Relevance, materia-
1ity, hearsay

Relevance, materia-
1ity, hearsay

Inadequate
foundation

29. Qharlotte_ Netqs , 5/2L/64, Political
ffi(Moore)

30. Raleigh News and Observer, 6/21/64,
(preyer )

31. Raleigh News and Otrserver . LO/LL/6Lpo oldwater)

Seleigh_l{ews and Observer, 11 /7 / 66 ,"Jones Charges East With Smear Tactics"

Bale_iBh Newq and Ob server , lO / 20 /68 ,volitical Advertisement (Bob Scott)
Raleigh News and Observer , LL/Z/68,
rorrtrcal Advertisement (Jim Gardner)

Ee.lS.iqh-["yq and observer , 10 . 25 /65 ,YoIrtical Advertisemenl (Wa11ace)

Charlotte News, L0/29/0A, political
ffi(watlace)

37. (a) Raleigh News and Olservel , 5/5/72,(pol ted
Concerned Citizens of Raleigh)

(b ). BaleiFh _News and Observer , LO lL8 /22 ,(rolrErcal Advertisement - Democratsfor Helms)

(c),BaleiFh \ews ?nd observer, 10 /27 /72,(rorl_Ercal Advertisement - Democrats
for Helms)

(d) Raleieh News and Observer . tL/LO/72-(PoIitical Advertisement - Democrats
for Helms)

!,Ihite and Black Voter Registration in11 Southern States

I omirted]

Voter Registration by Race: North
Carolina v. Srarewide, 1960-L7BZ (graph)

Black Elected Officials in North
Carolina, L970-.1981

-54-



Number

46.

47.

42. Statutes providing for segregation

43. Vita of Paul Luebke

44 . Durham lt"r"r"g_H._Ig.!_g , 9 /L0 /76,
t (Green)

45. Charlottg_ QLserler, 9 /L2/79, Letter
ffi

Title

CharLotte Observer, 9/L8/79, EditoriaL

Defendants
Obj ect ion

None

None

(44-sr)
Relevance, materia-
lity, and hearsay
(as to the truth of
the substance)

Relevance, materia-
lity, hearsay

Relevance, materia-
lity
Relevance, materia-
1ity, hearsay (as to
truth of substance)

:'

None

Relevance, materia-
1ity, hearsay

None

Charlotte Observer , 9l2L/79, Po1-itical
Advertisement (knox)

48. Charlotte Observer , 9 /23/79 , Political
@)Qpp)

49 . Charlotte Observer , 9 /26 /79 , NewsA-naIF
50. Durham Morning Herald, 4/ /80, Article
51. Durham Morning I{erald, 5/4/80, Political

IZver-t-isemenE

51A. Baleigh News and Observer, j.0/28/80,

518. North Carolina Anvil, 5/L5l81, "Durham
Democrats Endorse White Slatei'

52. Letters from Tim Valentine Campaign

53. (a-h) Political Adverrisements byHelmsfor Senate, 1983

(i) Chrrlgtt. Obs.rv"t , 6/g/g3, ,,Ads
Signffii,
(j ) List of Newspapers in which Helms
Ads were run

54 . Durham Molqrng lleIeld, 7 / 25 / g2 , re :
Decono Hrl-mary

55. North Carolina Institute of Govern_
Tgl!, ^Legislarive Reporring Service,
2/LL/83

-55 -



Number

56. Demographic Abstract of Mecklenburg
County

57. Demographic

58. Demographic

59. Demographic

60. Demographic

6L. Demographic
County

62. Demographic

63. Demographic

64. Demographic
County

66. Demographic

67. Demographic

68. Demographic

69. Demographic
County

Abstract of Forsyth County

Abstract of Durham County

Abstract of Wake County

Abstract of Wj.lson County

Abstract of Edgecombe

Abstract of Nash County

Abstract of Halifax County

Abstract of Northampton

Abstract of Gates County

Abstract of Martin County

Abstract of Bertie County

Abstract of Washington

Defendants
Obj ection

None

None

None

None

None

\Tone

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 the
North Carolina State
Government. Defen-
dants object on the

65. Demographic Abstract of Hertford
County

70. Demographic Abstract of Chowan County

70A. Demographic Abstract of State as whole

708. harlottg__Obsgrver , 6 /2L/83 , ',Scores .

ffis Narrowing Gap"

7L. "Patterns of Pay in North Carolina
State GovernmeDt, " Office of State
Personnel, Executive Surnmary

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

-56-



Number Title Defendants
Obi ecrion

grounds of relevance
materiality, hearsay
and opinion testimon.,

73. "Housing for North Carolinians:
Policy and Action Re:cornmendations,',
North Carolina Department of Natural
Resources and Community Development

74. "Ncrth Carolina Housing Element,"
L972, North Carolina D6partment ofNatural Resources and Cormnunity 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 Elections
77. Campaig! Finance Reports from Forsyth

County General Assembly Elections
78. Campaign Finance Reports from Durham

County General Assembly Elections
79, Campaign Finance Reports from Wake

County General Assembly Elections
80. Voter Turnout, Registration Data and

. Vote Abstract from Ballance-Hux
Primary, L982

8L. Campaign Finance Reports from Hux-
Ballance election, L9B2

82. Vita of Alex I^i. I^Iillingham

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

84. Ia_1S_fgb_Xeys and Observer , 2/LO /Lggz,'plans' 
Advan"e,'

85. Appointments of Women, Blacks andlndians
(a) Comparison of nine executive officials(Table 5)

(b) Comparison of Governor Hunt and former
Governor Holshouser

None

N(;De

None

None

None

Nc,ne

None

None

None

N<;ne

None

Hearsay

Hearsay

Hearsay

-57 -



Number

(c) Boards and
Blacks

(d) Expl.anation

Title

Conrnissions

of Criteria

with no

Defendants
Obj ection

Hearsay

Hearsay

-58-



B. Pugh Exhibits

Number

1.

Title
Largest Multimember House, Senate
Districts; Largest Counties not
subject to Section 5 by Republican
and black registration.
Vita of Theodore Self Arrignton
Chart Illustrating the Relationship
between Vote Percentage and Seat
Percentage for Single Member
Districts whose Equipopulation
Distri-cts have been Randomly Drawn.

Comparison of black population and
black representation in North
Carolina Legislature.

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

l'lecklenburg County Democratic
Primary, 1980.

Mecklenburg County General Election,
1980.

Mecklenburg, Cabarrus: Senate:
Democratic Primary, 1980 4 seats.
Mecklenburg: House: Democratic
Primary, 1982.

Mecklenburg: House: General
Election: 1982: 8 Seats

Mecklenburg Cabarrus: Senate:
Democratic Primary: L982.

Mecklenburg Cabarrus: Senate GeneralElectionz L982.

Durham: House: Democratic primary:
1982: 3 Seats.

Forsyth: House: General Election:
1982: 5 Seats.

Forsyth: House: Democratic primary:
1980: 5 Seats.

2.

3.

Relevancy,
Materiality,
Hearsay

No Objection

Relevancy,
Materiality,
Hearsay

Reserve Objection

Relevancy,
I'lateri-aIity

No Objection

No Objection

Reserve Objection

No Objection

No Objection

No Objection

No Objection

No Objection

Relevancy,
Material iry
Relevancy,
Materialiry

4.

5.

6.

9.

10.

1t.

72.

13.

L4.

15.

7.

8.

-5 9-



Number

L7.

20.

16.

18.

19.

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

Wake: House: Democratic primary:
L982t 6 Seats.

Wake: House: General Election:
L9822 6 Seats.

Wake: House: Democratic primary:
1980: 6 Seats.

Wake: House: General Electionss
1980: 6 Seats.

Cabarrus, Stanley, Union: House:
General Election: 19822 4 Seats.

Defendants
ObJection

Relevancy,
Materiality.
Relevancy,
Materiality :

Relevancy,
Materiality
Relevancy,
Materiality -

ReLevancy,
Materiality -

ilo obj ecrion
2L.

-60 -



c. Defendantsr Exhibits

Number

5.

10.

11.

Gingles
& Pugh
Obi ection

No Objection

No Objection

No Objection

No Objection

No Objection

Hearsay

Relevancy

No Objection

Relevancy,
Hearsay

1.

2.

Title

Special Memorandum dated November
30, 1981, from Robert W. Spearman
and Alex K. Brock to A11 County
Board Itlembers and Supervisors.

Memorandum dated December 14,
1981, to North Carolina County
Elections Boards and Supervisors
from Robert W. Spearman, AIex K.
Brock and James F. Bu1lock, Senior
Deputy Attorney General.

Memorandum dated January 29, 1982,
to County Board Members 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, L982, with announcement
by Robert Spearman and Alex Brock

Lists of mj-nority organizations
invited to Citizens Awareness
Year luncheon and seminar.

Form letter dated April 28, L982,
from Robert W. Spearman.

Brochure "Citizens Awareness year
L982" (First Edition April l-992l .

Memorandum dated June 25, 1982, to
Robert Spearman from Lee Wing,
Executive Director of the North
Carolina Agency for Public Tele-
communications.

No Exhibit.

Memorandum dated August 6, 1982,
to A11 County Elections Boards
from Bcb Spearman and AIex Brock.

3.

4.

6.

7.

8.

o

-61-

No Objection



Number

L2.

13.

14.

r5.

l-7.

18.

19.

20.

22.

15

Memorandum dated August 27, lgg2, toCounty Boards of Elections from
Robert W. Spearman.

Press release, dateline Raleigh,
September 20, 1982, with
announcement by Bob Spearman.

North Carolina Voter Registration
February, L982 October, lgg2
(summary and by county statistics).
Letter dated January 14, 1993, to
Governor James B. Hunt, Jr.,
Lieutenant Governor James Green,
Speaker Liston Ramsey, Representa-
tive J. Worth Gentry, Senator WilmaC. Woodard from Robert grl. Spearman
and Alex K. Brock.

List of County Board of Elections
members and chairmen.

Y+"9I+tV Appointments and EmploymentHighlishts (I98I).

Computer print-our listing aIIcurrent appointments of blackcitizens by Governor James B.Hunt, Jr.

Yllglttv Appointmenr Highlishrs
(1983).

Current statistics on Governor
Hunt's minority appointments forselected counti_es

House BiIl 558 March 29, 1983,
A Bill to be Entitled an Act toProvide a Manner of Election ofthe Wake County Board of Education(1oca1) .

Article from (Raleigh) News and
glserveI, May 10, 1983,-E$arafng
Vernon Maloners opposition tocontinued use of district methodof election of nrembers of the
Wake County School Board.

Title
Gingles
& Pugh
obi ection

No Objection

No Objection

Reserve Objection

No Objection

Reserve Objection

Relevancy

Relevancy

Relevancy

Relevancy

Relevancy

21

-62-

Hearsay



Number Title
Gingles
& Pugh
Obj ection

No Objection

Reserve Objection
for Authenticity
unless accurately
reproduced

No Objection

Reserve Objection

Reserve Objection

Reserve Objection

Reserve Objection

Reserve Objection

Reserve Objection

Reserve Objection

23. Article from The New york Times
Magaz ine , Aprilt-T-f9"ET
regarding the success of racial
busing in Charlotte, North Carolina

24. Advertisement for Democratic
candi-dates to the N. C. House of
Representatives, District 36i
The Charlotte Observer, November I,
Lga'2. 

-
25. Article from The Charlotte News,

Alexander, deceased candidate
for House of Representatives,
District 36, in IgBO Democratic
primary.

26. Booklet entitled, The Democratic
Party of t'lorth carffi
Orqanizat

27. The Pgmocralic partv of North
CaroLina, plan of Orqanization,,

28. Democratic party Delegate Selection
Plan for 1984.

29. Detailed map showing concentrations
of black population and possible
districts for Winston-Sa1em

30. Detailed map showing concentrations
of black population and possible
distri-cts for Charlotte.

31. Detailed map showing concentrations
of black population and possible
districts for Raleigh.

32. Detailed map showing concentrations
of black population and possible
districts for Durham.

33. Detailed map showing concentrations
of black population and possible
districts for Fayetteville.

-63-

Reserve Objection



Number Title
Gingles
& Pugh
Obj ection

Reserve Objection

No Objection

No Objection

No Objection

No Objection

No Objection

No Objection

Reserve Objection

Reserve Objection

Reserve Objection

Reserve Objection

34. Detailed map showing concentrationsof black population and possible
districts for House oistiict B.

35. Curri-culum vita of Robert Spearman.

36. Curriculum vita of Thomas Hofe11er.

37. Curriculum vita of John Sanders.

38. Curriculum vita of A. J. Howard
Clement, fII.

39. Excerpt from House Legislatj-veRedistrictj-ng Subcommittee Meeting,February_3, l9BZ, Tape l_p. 25,
Ken Spaulding (from StipuiationExhibit LLL).

40. Excerpt from Joint public
Hearing-House Redistricting,
February 4, 1992, Tape l_pl' I ,Malachi Greene (from StipilationExhibir AAA).

41. Memorandum dated December 28,1970, from Alex K. Brock to
Chairman and Executive Secretaryof County Board of Electj_ons. '

42. Rules and Administrative pro_
cedures Adopted by the State
Board of Elections of NorthCarolina to be in Effect forthe November 7, 1972, GeneralElection and Until FurtherNotification by.the State Board

43. Letter dated F.ebruary 7 , 19g2,from Arthur Griffin to Louise
Brennan

44. M?p showing demographic distribu_tion by race statewide.
45. Ratified House Bill 796, dated

May 26, 1993, entitled i,An Actto permit a Local School Adminis_trative Unit with More than
70,000 Students to Extend theProbationary period for Non-tenured Teachers. "

-64 -

Relevancy



Number Title
46. Chart indicating current number

of blacks on the County Democratic
Party Executive Committee for
selected counties.

Gi-ngles
& Pugh
Obj ection

No Objection

-65-



M^Iitness Lists
Gingles' Plaintiffs Witnesses

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

Dr. Grofman will testify about how the use of multimember
districts in the North Carolina General Assembly results in the
submergence of com:nunities minority citizens, about the racial
polarizaiion of voting in North carolina elections, and about
other barriers which prevent the black conrnunities from electing
representaEives of their choosing. in addition, Dr. Grofman will
testify about themannerinwhich senate District #z fractures minor-
ity voting strengEh and prevents black citizens from erecting a

candidate of their choice.

B. Dr. Harry L. Watson
Departraent of History
Universl!y_ of Norrh Carolina_Chapel HillChapel Hill, North Carolina 275L4

Dr. I^Iatson will testify about the history of official and
unofficial discrimination in North carolina, participation of blacks
in the politicar process, the historic use of racial appeals in
North carolina politics, and changes in the role of county govern-
ments.

C. Dr. paul Luebke
Department of Sociology
university of North cziolina at GreensboroGreensboro, North Carolina ZliV

Dr' Luebke will testify about socio-economic factors which
affect black participation in the political process, the contj.nuing
use of racial appears in erections 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 Hill, Norrh Carolina 275L6

Dr. Beyle will testify about the majority vote requirement
and the tenuousness of the policy of using whole countries in
apportioning the legislature.

E. Dr. Alex W. Willingham
200 St. Luke Street
Shreveport, La. 71101

Dr. I^iillingham 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 2gZO4

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 County.

G. Sam Reed
3040 Cricketeer Drive
Charlotte, North Carolina Zg2t6

Mr. Reed will testify about barriers to registration of and
participation by black citizens in Mecklenburg county.

H. Larry Little
2342'Oklina Avenue
Llinston-Salem, North Carolina 27105

Mr. Little will testify about barriers to participation of blaek
people in the electoral process and about the racial polarization of
politics in Forsyth Counry.

I. I^Ii11ie Lovett
835 Jerome Road
Durham, North--Carolina 27713

-67 -



Mr. Lovett will testify about barriers to participation of
black people in the electoraL process in Durham 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 difficulty of the bLack comrnunity in electing
representatives of its choosing.

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

Mr. Butterfield will testify about racial polarization in the
political process in Wilson, Edgecombe, and Nash CounEies and about

barriers to effective participation by black citizens 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 politieal process in Edgecombe and

Nash Counties.

M. Joe P. Moody
Route L, Box L28
Roanoke Rapids, NorEh Carolina

Mr. Moody wil-l testify about barriers to the participation of
black people in the politicaL process in Hal-ifax Coungy and in other
counties in Senate District No. 2.

N. Rep. Frank Ballance
P. O. Box 358
Warrenton, North Carol-ina 27589

Representative Ballance will testify about the polarization of
voting and about barriers to effective participation by blacks in

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the political process in Halifax, Northampton, Gates, Martin, Bertie
and Hertford Counties. Representative Ballance will- also testify
concerning the accountability of bl-ack legislators el-ected from

majority black and majority white districts-
O. Bep. Kenneth Spaul.ding

2 Shel1y Place
Durham, North Carolina 27707

Representative Spaulding will testify about his efforts to geg

the legislature to adopt single member district and about his efforts
to repeal the majority vote requirement.

P. Arthur Griffin
5822 Rimerton Drive
Charlotte, North Carolina

Mr. Griffin will possibly be called as a rebuttal wigness to
the testimony of Louise Brennan.

a. Plaintiffs reserve the right to call any of the following
members of the staff of the North Carolina General Assembly to testi-
fy about Ehe process and events leading up to the ad.option of the
apportionrnent of the North Carolina House of Representatives and.

senate: william K. Hale, Terence sull-ivan, Gerry F. cohen and

Daniel Long.

R. William B. D. Culp
Mecklenburg County Board of Elections
710 East 4th Street
Charlotte, North Carolina

Mr. Culp may be called as a rebutEal witness concerning

polar)-zed voEing, minority participation, and registration
pracEices in Mecklenburg County.

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S. Harold Webb, Director
N.C. Office of State personnel
Raleigh, North Carolina

Eva Clayton
N.C. Department of Natural Resources

and Cornmunity Development
Raleigh, North Carolina-

Mr. I'Iebb and Ms. Clayton will be called only if defendant's
prevail on their hearsay objections to Gingles Exhibirs 7L-13.

T. James West Bryan
N.C. Center for public policy Research
Posr Office Box 430
Raleigh, Norrh Carolina 27602

Mr. Bryan will tesLify as to the accuracy of Gingles Exhibit
85 only if plaintiff's objection to the relevance of the testimony
of Leslie Bevacqua is overruled and if defendants prevail on their
hearsay objection to Exhibit 95.

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I

B. I'he f ollowing is a I ist of names and addresses of all knownwitnesses the pughr €t ar, plaintiffs may offer at the trial,together with a brief statement of whaf 
"oun""i nroposes toestablish by the testimony of each witness:

Alan v- Pugh, 1r9 worth street, Asheboro, North carolina,27m5:-----
Pugh will testify to the experience he hao as a Repubricancanoidate in the 1982 election for multimember senate Districtand the difficulty which a multimember district presents toa nonincumbent minority party candidate for office in suchdistrict.

#iJ., S:=r5r_ 1526 Greensboro srreet, Lexington, North carorina,z t 29 z ( Fornrer Representat ive ) .

Hege will testify as to the deliberations of the House Re-
9i=tr.icting commlttee. The inability of -uri".native 

re-districting plans to receive proper stair 
"rppori for consid_eration of alternative plans whLn presented.

Dr- Theodore Arrington t 3222 Denson place, charlotte, North
C ' 

vrrqlr

Dr. Arrington will be tendered as an expert in political scienceand his testimony will include the conclusions previouslysubmitted in his Affidavit including the mathematical model upo'nwhich multimember district voters have a greater proportionatevote, the costs of campaigns in multime-nrber diitricts blocvoting analysis, and submergence of minority 
"ti"r= in rargemul timember districts.

1.

z.

3.

4.

5.

P. ElIis Almond, Route 3, Box GZO-A,representative).
1,1r. Almond wilI testify as to thewhich Stanly County was moved from a
member district.
J. Howard coble, Representative, post office Drawer-D, Greens_ffitina- 27402.

l'1r. coble will testify as to h is experiences inmember district and smarler multimember district
1n- campaign expenses, voter accountabil ity,delegation.

Albemarle, North Carolina,

Ieg islative process undersingle member to a multi-

a large multi-
representat ive

cohes ion among

6. James M. craven, post. office tsox 44, pine Bluff, North carolina,zffi
Mr' craven will_ testify as to the oeliberations of the HouseRed istrict inq committee. The i nabil ity of alternat ive re_districting plans to receive proper staff support for consio-eration of alternative plans 

"rhen 
pr.sented.

-7L-



t. Harold J. B.,lbars., Route 3, Box zoo, Asheboro, North carorina@sentativei.
Mr. Brubaker -wiIl testify as to the division of Randolph Countyinto two single member districts.

In addition to the above-hamed witnesse.s-r_ the pugh plaintiffs maycall the witnesses of the Gjngl.s prainriffs ;a Effaadresses risteoabove for the testimony of=eAETitness as inaicatea.

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c.

1.

Defendants'

Name

Witnesses.

Robert W. Spearman
Chairman

John Sanders
Director

Marshall Rauch
Senator

Daniel T. Lil1ey,
Representative

Address

N. C. State Board
of Elections,
414 Fayetteville

Street Ma1l
Raleigh, NC 27602

Institute of
Government
Knapp Building
Chapel Hil1, NC 275

6048 S. York Rd.
Gastonia, NC 28052

First Financial
Savings & Loan
Building

N. Queen Street
Kinston, NC 28501

Proposed Testimonv

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

14 hundred counti_es from
division in the creation
of legislative districts,
and to establish the
preference of North
Carolina' s legislators
and voters for legisla-
tive districts made upof whole counties

Establish the fact that
the General Assembly didnot intend to discrimi-
nate against minorities
when it reapportioned
legislative districts
and that the 1egislators
preferred to avoid,
whenever possible,
dividing counties in the
creation of legislative
districts.
Establish the fact that
the General Assembly did
not intend to discrimi-
nate against minorities
when it reapportioned
legislatj-ve districts
and that the legislators
preferred to avoj_d,
whenever possible,
dividing counties in the
creation of legislative
di-stricts.

2.

3.

4.

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5.

Name

Al1en Adams
Representative

A.J. Howard
Clement, III

Louise Brennan
Representative

Leslie Bevacgua
Appointments Aid
to the Governor

Address

414 Fayetteville
Street Mal1

P.O. Box 389
Raleigh, NC 27602

2505 Weaver Street
Durham, NC 27707

2101 Dilworth Rd.,
East

Charlotte, NC 28203

Administration B1dg.
Rm. 726
Raleigh, NC 2761I

Proposed Testimonv

Establish the fact that
black people have full
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
desj-rability of creating
single member dj-stricts
and that legislators
were aware of that fact
when they reapportioned
North Carolina. He wil1
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 candidatc of their
choice.

Establish the fact that
black people have fu11
access to the political
process in Mecklenburg
County and that they areable to elect the
candidates of their
choice.

Establish the fact that
a significant number ofblack people have been
appointed by the
Governor to fill officialpositions in the State.
Establish the fact that
racial polari-zation does
not prevail in North
Carolina elections and
that the creation of
si-ngle member legislative
districts might serve to
reduce the number of
black people who have a
chance of belng elected
to the General Assembly.

6.

7.

8.

9. Thomas Hofeller 9005 Vernonview Dr.
Alexandria, Va. 2Z3Og

-7 4-



Address Proposed TestimonyName

10. Kaye Gattis State Democratic May be calIed to authen-
Party Headquarters ticate the N. C. Demo-
P.O. Box L2L96 cratic Partyrs Plan of
Raleigh, NC 27605 Organization and the

Democratic Partyrs
Delegate Selection Plan
to the 1984 Democratic
National Convention.

11. Kenneth Spaulding P.O. Box 1346 Establish the fact that
Representative Durham, NC 27707 he informed the N. C.

House of Representatives
Reapportionment Committee
that black people in
Durham County would not
be benefitted by the
creation of single member
legislative districts in
that county.

L2. Joe W. Dickens, Jr.P.O. Box l-29 Establish the fact that
Associate Tarboro, NC 27886 he opposed the recent
Agricultural creation of a district
Extension Agent method of election of' members to the Edgecombe

County Schoo1 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 Section,
Civil Rights Division,
U.S. Attorney General as
a change in election
1aws, designed to discri-
minate against black
people.

13. Vernon Malone 2124 Lyndhurst Dr. Establish the fact that
Raleigh, NC he encouraged Represen-

tative A1 Adams to
introduce legislation in
the General Assembly
designed to eliminate the
district method of ehctio
of members to the Wake
County School Board
because such a method of
elections leaves blacks
without a voice in that
countyrs school board
policies.

-7 5-



Name

L4. Joe Ferrell

L5. R. Kenneth Babb
Cha j-rman, Forsyth
County Board of
Elections

17. Lucille Suiter
Administrative
Assistant

16. Charles Brady Hauser 2072 K Court
Representative Ave., N.W.

Winston-Sa1em,
NC 27105

Address

Institute of
Government
Knapp Building
Chapel Hi1l, N.Ct

27 5l-4

350 NCNB Building
Winston-Salem, NC

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

5 W. Hargett St.
Raleigh, NC 2760),

Division of Research
Legislative Office
Building

300 N. Salisbury St.
Raleigh, NC 27611

Proposed Testimonv

Establish the fact that
counties qua countj-es are
ot extreme J-mportance inthe administration of
legislative policies .
across the State.
'Establish the fact that
black people have ful1
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 full
access to the political
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 t Exhibits 4l
and 421 .

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

18. Terrence D. Sullivan Legislative Office To various mattersDirector of Building rerating to the stateResearch 300 N. Salisbury St. Legisla[ive Reapportion-
Raleigh, NC 276L1 ment process.

19. William Hale

-75a-



c. InterroEatories

Defendantrs Response to Ginglesr plaintiff's
First Set of Interrogatories:

#t
iZ - Memos of 12128170, 70/3172, 9/12/72 and 1/7/72
#7
#tzA
#L9
t20
121
t27 - "Pattems of Pay in NC State Government" andI'Institutional Racism/Sexism in NC State

Government", only.
#31 - "NC -Housing ElemLnt - 1972,' arrd "Housing for

North Carolina: Policy and Action Recotmendations",
only

-76A-



DESIGNATIONS OF PLEADINGS

B. Pugh Plaintiffs may introduce at trial:
1. The complaint, the 1st amendeo complaint, the 2nd amenoedcomPlaint and suPPIementaI complaint, the answer to thecomplaint. Counsel intends to prove that the pugh plain-

tiffs are a salient class of voters entitled to r.ise equalprotection claims as to the use of multimember and single
member districts
The answers to pugh Interrogatories lst set *1, 3, 4, L4,19, 3'1, Exhibits rrc, and "D". counser intends to provethat the Legisrature adopted criteria for apporti6ninglegislative districts; that statements of Iegis-lators madecontemporaneousry with the passage of N.G o.s. 120-l and120-2 evidence both a racial ana non-raciar desire togerrymander minority party voters and minority race votersthrough the use of rarge murtimember distri6ts; that thecombination of multimember and singre member districtsas provided for in N.c.G.s. r2o-1 and l2o-2 is not ration-a1ly related 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 election outcome than does a voter in a single memberdistrict through the use of weighted voting; inut rargemultimember districts tend to elect representatives fromcertain limited, socio-economic crasses; that rarge multi-
member districts make it more difficult for a voter io selectfrom among the candidates compared to the ability of a single
member district voter; that candidates in large multimem5erdistricts have in order to have a chance of su6cess must runlarger and costrier campaigns than candidates in single
member districts; that pugh plaintiffs votes are effected bythe use of such districts because citizens of multimembeidistricts have diminished access to the political processithat candidates in large multimember distiicts are account-able to a larger number of constituents than in a singremember district; that voters in Iarge multimember distri6tsspecifically in wake, Durham, Meckrenburg, and Forsyth countyhave in the past engaged in racial bloc voting

Deposition of Marshall Rauch and Dan Lilrey, Examination byl'1r. Hunter.

counser intends to prove that the Legisrature was aware ofthe discriminatory effect of large multimember districtsand the use of county rines in apportioning the senate and
House Districts; that statements of legislators made contemp-oraneously with the passage of N.G G.s. 120-1 and l-zo-zevidence both a raciar and non-racial desire to gerrymanderminori-ty party voters and minority race voters through theuse of large multiinember districts; that the. Legislature

2.

3.

4.

-77 -



could have taken intq account the racial and political makeup of the multimember districts; that there is a presumptionof discrimination in the use oi *rrtimember aiitricts whichnumerically submerge minor.ity party voters and minorityracial voters; that the combinaii6., of murtimember and singlemember district_s_ as provided for in N.C.G.S. 120-I and L2O-2is not rationally relatea to a compelring state purpose orinterest.
6- Deposition of flr. cohen, Examination by Mr. Hunter

counsel intends to prove that that the Legislature could havetaken into account the raciar and politicar ,nui. up of thenultimember districts.

-78-



c' Designation of Pleadings and Discovery Materials- Defendants
None (except portions of transcripts and legisrati-ve pro-ceedings which have been admitted into evia6nce-as stipu_lations of all parties).

-79-



Trial Time Estimate: 8 days

Approved By:

ffiMSOTTETEf,TE
United States Circuit Judge

United States District Judge

United States Disrrict Judge

Plaintiffs

Plaintiffsior Pugh

/&

Attorney foi GingLes

Attorney for

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