Letter to Markham from Smiley RE: Trial exhibits (Redacted)

    : Ll: P.O? NC AG SPECIAL LIT NI Now 10 199 7 

   
MICHAEL FE. EASLEY Department of Justice 
ATTORNEY GENERAL P.O. BOX 629 ; REPLY TO: Tiare B. Smiley 

RALEIGH Special Litieation 
27602-0629 (919) 716-6900 

FAX: (919) 716-6763 

November 10, 1999 

€3 

 



NC AGSPECIAL LIT * i abi Nov 10 "99 ® P.O3 

  

Mr. Doug Markham 

November 10, 1999 
Page 2 

TBS/sp 

 



NC AG'SPECIAL. LIT i “io Nov 10 99 oO P.01 

    
State of North Carolina 

Department of Justice 

P O. Box 6286 

  
  

  

  

  

      
  

  

    

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Post-it! FaxNote 7871 [0a 4 0 pg [EEL5 SS | 
| » “Tocdd Cu a from Tiare y 

Plaintiffs’ Preliminary Exhibit List Co./Degt. Co. lg — 
Date and Time: October 22, 1999, 4:30 pm. Fhons # Phone # 

> * 902-210-5579 Fax # 

  

  

  

  

        
  

From Deposition Exhibits: {1-99] 
  

    

“TE Deposition Exhibit 10 Plan: 56 Congress Winner/Coopét 1.0 
Deposition Exhibit 2; Plan: 98 Congress Winaer/Cooper 1.1 
Deposition Exhibit 3; Plan: 96 Congress Winner/Cooper 1.2 
Deposition Exhibit 4; Plan: 96 Congress Winner/Cooper 2.1 
Deposition Exhibit §: Plan: 96 Congress Winner/Cooper 2.0A 
Deposition Exhibit 6; 1997 Congressional Plan A (Senate) man 
Deposition Exhibit 7: 97 House/Senate Plan A map 
Deposition Exhibit 8: copy of article, The News & Observer, 12/29/96, “Legislators joath 

to spit counties when redistricting,” AP 
Deposition Exhibit o: Congressional Plans in System with Creation Dates on or after 

January 1, 1996 
Deposition Exhibit 10: “Political landscape changes,” article from The News & Observer, 

7/8/91 
Deposition Exhibit 11: meio, Coben 10 United States Department of Justice, 10/14/01 
Deposition Exhibit 123: map, Evoludon of Congressional District 1, 1852 and 1997 

Congressional Plans 
- Deposition Exhibit 14: map, 1997 Congressional Plan-District 12 Region Precincts by 

Percent Democrat Vote in 1990 Senate Race 
Deposition Exhibit 16: Group of E-mail memoranda, Cohett to Cooper, 2/2/97-3/20/87 
Deposition Exhibit 17: document entitled “Redistricting Law 2000,” Redistricting Task | 

Force of the National Conference of State Legislatures 
_ @eposition Exhibit 18 statistics, 97 Congress Cooper 3.0 
Deposition Exhibit 19: Cromartie, et, al. v. Huw, er, al, affidavit of David W., Peterson, 

Ph.D. 2/27/98 
- Deposition Exhibit 20; Cromartie, ef, al. v. Hunt, at al., second affidavit of David W. 

Paterson, Ph.D, 9/3/99 
Deposition Exhibit 21: data from PRI Associates, : 

N:\Clients\NC_Redistrict\Programs\BASCORR, 2/24/9% Deposition Exhibit 22: additional data from PRI Associates, 9/7/99 
Deposition Exhibit 23; Type P Divergent Segments Using Democratic and Black 

Registration Co -. 
Deposition Exhibit 24: Type R Divergent Segments Using Democratic and Black 

Registration 
Deposition Exhibit 25; Summery of Divergent Precinots and Segments by County Deposition Exhibit 26 Congreasional District 12, 1992 Plan, Black Population, Watt races 

1992, 1994, 1996; Congressional District 1, 1992 Plan, Black 
: Population, Clayton races, 1992, 1994, 1996, 

Deposition Exhibit 27: Population, Voting Age Population, and Registration for three 
: elections 

Deposition Exhibit 28: E-mail memoranda, Cohen to Basnight and Brubaker. ete. 

7 

 



    

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Deposition Exhibit 29: 

Deposition Exhibit 30: 

Deposition Exhibit 31; 

    

page 

    

The Evolutien of the First and Twelfth Congressional Districts in 
the 1990s, Linwood Jones : 
Redistricting 1991, Legislator's Guide to North Caroling 
Legislative and Congressional Redistricting, 2/9 
spreadshest showing District 2 slection and registration data 

Deposition Exhibit 32 Plan: Congrass.85.1.3 
Deposition Exhibit 33: 
Deposition Exhibit 34: 
Deposition Exhibit 35: 
Deposition Exhibit 36: 
Deposition Exhibit 37: 
Deposition Exhibit 38; 
Deposition Exhibit 39: 
Deposition Exhibit 40; 
Deposition Exhibit 41: 

Deposition Exhibit 47; 

Deposition Exhibit 48: 
Deposition Exhibit 49; 

Deposition Exhibit $0 
Deposition Exhibit 51; 
Deposition Exhibit 32: 

Deposition Exhibit 53; 
Deposition Exhibit 55: 
Deposition Exhibit 55: 
Deposition Exhibit 57: 
Deposition Exhibit 58: 
Deposition Exhibit 59: 
Deposition Exhibit 0; 

Deposition Exhibit 61; 
Deposition Exhibit 62: 

Deposition Exhibit 64: 
Deposition Exhibit 66: 
Deposition Exhibit 67: 
Depasition Exhibit 68: 
Deposition Exhibit 69: 

Depastion Exhibit 70: 

Plan: Congress-95-1.5 
Plan; Congress-35.8 1 
Plan: Congress-86-Plan A 
Plan: Congress-97-Plan A 
Plan: Congress-95-9.,1 
Plan: Fiteh/Michaux Plan-TTI 
Plan: House 1997 Congressional Plan A 
Plan: House 97 Congressional Plan B : 
memorandum, Jones to House Congressional Redistricting 
Committes, 2/25/97, with attached House $7 Congressional Plan 
Al 
Cromartie, er. al. v. Hunt, et al., Declaration of Dr. Ronald E. 
Weber 
Exhibit A to Declaration of Ronald BE. Weber, curriculum vitae 
Exhibit B to Declaration of Ronald E, Weber, Cases int which Dr, 
Ronald BE. Weber has Testified a5 an Expert or been Deposed 
Under Osth 
Exhibit C to Deglaration of Ronald E. Weber, cage analyses 
Exhibit D to Declaration of Ronald E. Weber, registration analyses 
Exhibit E to Declaration of Ronald E. Weber, reconstituted election 
analysis 
Places Split by 97 Congressiona! Districts 
Shaw Declaration of 1.H, Froelich, Jr., unsigned 
Cromartie Affidavit of J.H. Froelich, Jr. 
Statement on Redistricting by Representative Richard T. Morgan 
E-mail, Cohen to Cooper and Winner, 2/10/97 re. 97 Cooper 3.0 
Cromartie v. Hunt Affidavit of W. Edwin McMahan 2/26/98 
precinet map, Rowan County, enlargement of portion of Exhibit 861, 
prepared by Everett 
precingt map, Rowan County, prepared by Everett 
Rowan County Districts 
Cromartie v. Hunt Affidavit of R.O, Everett, 1/30/98 
1999 North Carolina State Transportation Map 
map, North Carolina Congressional Plan (1992) 
Population Affected by Adoption of ‘07 Congressional Plan 
mep, Voter Precincts as Recorded in the Plan00 Apportionment 
System 
map, 1990 Minor Civil Divigion (Townships) for North Carolina 
Counties 

 



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Maps and Possible Joint Exhibits [100-199]; 

108. Map of Evolution of Congressional District 1 {comparing 1992 and 1997 plans) 
103. Map of Evolution of Congressional District | (comparing 1961 and 1997 plans) 
110, Map of Evolution of Congressional District 12 (comparing 1992 and 1997 plans) 
111. Map of area of Distriot 12 with black population [same as Map M of McGee Affidavit] 
112. Map of Guilford County with black population and Democratic voter registration [same as 
Map N of MeGee Affidavit] 
113. Map of Forsyth County with black population and Democratic voter registration [same as Map O of McGee Affidavit] 
114. Map of Mecklenburg Courity with black population and Democratic voter registration [same - 
a8 Map P of McGee Affidavit] 
115, Map of area of District 1 with black voting age population 
116. Map of Beaufort County with black voting age population 
117. Map of Craven County with black voting age population 
118. Map of Granville County with black voting age population 
119. Map of Jones County with black voting age population 
120. Map of Lenoir County with black voting age population 
12]. Map of Person County with black voting age population 

122. Map of Pitt County with black voting age population 
12%, Map of Washington County with blagl: Vong Rye papulatis. 
124. Map of Wayne County with black voting age population 
125 Map of Wilson County with black voting age populativa 
176 Map of ares of District 12 with bask: vating wy population 

- 127. Map of Davidson County with black voting age population 
128. Map of Forsyth County with black voting age population 
128. Map of Guilford County with black voting age population 
130. Map of Iredell County with black voting age population 
131. Map of Mecklenburg County with black voting age population 
132. Map of Rowan County with black voting age population | 
133. Map of area of District | with support for Democrat candidate in 1988 Court of Appeals contest 
134. Map of Beaufort County with support for Democrat candidate in 1988 Court of Appeals contest 

135, Map of Craven County with support for Democrat candidate in 1988 Court of Appeals contest 
t 136. Map of Granville County with support fur Democrat candidate in 1988 Court of Appezls contest 

137. Map of Jones County with support for Democrat candidate in 1988 Court of Appeals contest 
138. Map of Lenoir County with support for Democrat candidate in 1988 Court of Appeals 
contast 

139. Map of Person County with support for Democrat candidate in 1988 Court of Appeals contest 
140, Map of Pitt County with support for Democrat candidate in 1988 Court of Appeals contest 

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141. Map of Washington County with support for Democrat candidate In 1988 Court of Appeals 

142, Map of Wayne County with support for Democrat candidate in 1988 Court of Appeals 

+g TY of Wilson County with support for Democrat candidate in 1988 Court of Appeals 

Tea. Map of area of District 12 with support for Democrat candidate in 1988 Court of Appeals 

nip of Davidson County with support for Democrat candidate in 1988 Court of Appeals 

ig of Forsyth County with support for Democrat candidate in 1988 Court of Appeals 
contest 
147. Map of Guilford County with support for Democrat candidate in 1988 Court of Appeals 
contest 
148. Map of Iredell County with support for Democrat candidate in 1988 Court of Appeals 
contest 
149. Map of Mecklenburg County with support for Democrat candidate in 1988 Court of 
Appeals contest 
150. Map of Rowan County with support for Democrat candidate in 1988 Court of Appeals 
contest 
151, Map of area of District 1 with suppor for Democrat candidate in 1990 U. 8. Senate contest 132, Map of Beaufort County with support for Democrat candidate in 1990 U. S. Senate contest 153. Map of Craven County with suppor for Democrat candidate in 1990 U, §. Senate contest 
154. Map of Granville County with support for Democrat candidate in 1990 U, 8. Senate contest 153. Map of Jones County with support for Democrat candidate in 1990 U, S. Sefate contest 
156. Map of Lenoir County with support for Democrat candidate in 1990 U, S, Senate contest 
157. Map of Person County with support for Democrat candidate in 1990 U. S. Senate contest 
138, Map of Pitt County with support for Democrat candidate in 1990 U. S. Senate contest 158. Map of Washington County with support for Democrat candidate in 1950 U. &. Scaate 
contest 
160. Map of Wayne County with support for Democrat candidate in 1990 U_ &. Senate contest 
161. Map of Wilson County with support for Democrat candidate in 1990 U. § Senate contest 162. Map of area of District 1 with support for Democrat candidate in 1990 U. §. Senate contest 163. Map of Davidson County with black voting age population 
164. Map of Forsyth County with black voting age population 
165. Map of Guilford County with black voting age population 
166. Map of Iredell County with black voting age population 
167. Map of Mecklenburg County with black voting age population 
168, Map of Rowan County with black voting age population 
169, Map of State of NC, with population density by block groups for total population of ali races, from NC State Center for Geography ; 170. Map of central Piedmont with population density for total black population 171. Map of northeastern NC with population density for total black population 172. Map of Beaufort County with pin dot population density for total black population 
173. Map of Craven County with pin dot papulation density for total black population 

 



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174. Map of Granville County with pin dot papulation density for total black population 
175. Map of Jones County with pin dot population density for total black population 
176. Map of Lenoir County with pin dot population density for total black population 
177. Map of Person County with pin dot population density for total black population 
178. Map of Pitt County with pin dot population density for total black population 
179. Map of Washingion County with pin dot population density for total black population 
180. Map of Wayne County with pin dot population density for total black population 
181. Map of Wilson County with pin dot population density for total black population 
182. Map of Davidson County with pin dot population density for total black population 
183. Map of Forsyth County with pin dot population density for total black population 
184. Map of Guilford County with pin dot population density for total black population 
185. Map of Iredell County with pin dot population density for total black population 
186. Map of Mecklenburg County with pin dot population density for total black population 
187. Map of Rowan County with pin dot population density for total black population 
188. Map of Cabarrus County used 10 establish boundary segments for analysis of Dr. Peterson 
18%, Map of Davidson County used to establish boundary segments for analysis of Dr. Peterson 
190. Map of Davie County used to establish boundary segments for analysis of Dr. Peterson 
181. Map of Forsyth County used to establish boundary segments for analysis of Dr. Peterson 
192. Map of Guilford County used to establish boundary segments for analysis of Dr, Peterson 
193. Map of Iredell County used to establish boundary segments for analysis of Dr. Peterson 
194. Map of Mecklenburg County used 10 23tablish boundary segments for analysis of Dr. 
Peterson 
195. Map of Rowan County used to establish boundary segments for analysis of Dr, Peterson 
196A. Eleetion returns from Cabarrus County for 1088 Court of Appeals slaction 
196B. Election returns from Davidson County for 1988 Court of Appeals election 
196C. Election returns from Davie County for 1988 Court of Appeals election 
196D. Election returns from Forsyth County for 1988 Court of Appeals election 
196E. Election returns from Guilford County for 1988 Court of Appeals election 
196F. Election returns from Iredell County for 1988 Court of Appeals alection 
196G. Election returns from Mecklenburg County for 1988 Court of Appeals election 
196H. Election returns from Rowan County for 1988 Court of Appeals election 
197A. Election returns from Cabarms County for 1988 Lt. Governor election 
1978, Election returns from Davidson County for 1988 Lt. Governor election 
197C. Election reruns from Davie County for 1988 Li, Govemnor election 
197D, Election returns from Forsyth County for 1988 Lt. Governor election 
157E, Election returns from Guilford County for 1988 Lt. Governor election 
187F. Election returns frora Iredell County for 1988 Li, Governor election 
197G. Election returns from Mecklenburg County for 1988 Lt. Governor election 
197H, Election returns from Rowan County for 1998 Lt. Governor election 
198A. Map of the 1870s North Carolina Congressional Districts, highlighting “Old Black 
Second” District 
198B. Map of the 1880s North Carolina Congressional Districts, highlighting “Old Black 
Second” District 
198C. Map of the 1890s Narth Carolina Congressional Districts, highlighting “Old Black 
Second” District  



  

"EVERETT GASKINS/DURNAM TEL 219-682-5469 Oct 22'99 

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199A. Chronology of Redistticting, by William Gilkerson 
1998. Map of North Caroling counties with percentage total black population, with 12% 
Congressional District overlay 
199C, Map of 1980s congressional Districts in NC 
199D, Map of 1970s congressional Districts in NC 
199E. Memorandum of Gerry Cohen to US Department of Justice, November 3, 1991, from 
1991 plan Section 5 submission : 
199F. Belocted portions of 1991 plan Section § submission, related to congressional redistricting 
199@, Precinct and township maps for each county of North Carolina, from Legislative Research 
Office. Y 4/3 509/2:R31, | ; 
199H. Remarks of Sen, Dennis Winner in Senate floor debate regarding 1992 plan 
1991. Log for Congressional Plan Type-based Plans Created in the Accounts of Gerry Cohen and 
Linwood Jones from 6/28/93 through 3/26/97 
199F; Elgetion returns for Congressional Districts 1 and 12 for all primaries and general elections 
from 1592 to the present 
199K, Maps and Demographic aad Partisan Data for 1997 Congressional Plan A for area of 1® 
and 12™ Districts 
199M, Maps and Demographic and Partisan Data for 96 Congress Winner/Cooper 1.0, for area 
of 1* and 12* Districts 
199N. Maps and Demographic and Partisan Data for 96 Congress Winner/Cooper 1.1, for area 
of 1" and 12% Districts 
1990. Maps and Demographic and Partisan Data for 96 Congress Winner/Cooper 1.2, for area 
of 1% and 12" Districts 
199P, Maps and Demographic and Partisan Data for 96 Congress Winnet/Cooper 2.0, for ares of 
1¥ and 12° Districts 
189Q. Maps and Demographic and Partisan Data for 96 Congress Winner/Cooper 2.1, for area 
of 1" and 12* Districts 

Plaintiffs’ Proposed Exhibits: [200-299] 

201. Demographic and Partizan Data to accompany Map of 1991 Congressional District Plan 
(denied preclearance) 
202. Demographic and Partisan Data to accompany Map of 1992 Congressional District Plan 
(1992 Congressional Base Plan #10) 

203. Demographic and Partisan Data to accompany Mep of 1997 Congressional District Plan 
(1007 Souoo/Rennts Man A) : ; 

204, Demographic and Partisan Data to accompany Mao of 1998 Congressional District Plan 
(useq in [vv election) 
203. Demographic and Partisan Data to accompany Map of 1997 fies proposal by State Senate 
(Sen. Cooper, committee chair) : 
206. Demographic and Partisan Data to accompany Map of 1997 first proposal by State House 
(Rep. McMahan, committee chait) 
207." Demographic and Partisan Data to accompany Map of 1996 proposal by State House (Rep. 
Morgan, chair, Rules Committee) 

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208." Map and Demographic and Partisan Data for 97 Congress Cooper 1.0 plan, with maps of the areg of the First and Twelfth Congressional Districts | 
209. Map and Demographic and Partisan Data for 97 Congress Cooper 2.0 plan, with maps of the area of the First and Twelfth Congressional Districts 
«10. Map and Demographic and Partisan Data for 97 Congress Cooper 3,0 plan, with maps of the area of the First and Twelfth Congressional Districts 
211. Clayton, Politics of North Caralina Redistricting, Thesis for Ph. D, U. Missouri, st North Cérolina Collection, UNC-Chapel Hill library, C324.2 C615p 
211. Almanac of American Politics, for 1993 
212. Morrill/Charlotte Observer proposed plan and demographic and partizan date 213. Grofman, B, (1983), “Criteria for Redistricting: A Social Science Perspective,” UCLA Law Review, 33: 17.184. 
214, Morrill, RL. (1981), Folitical Redistricting and Geographic Theory Washington, D.C. Association of American Gangraphers. 
215. Mortill, RL. (1982), “Redistricting Standards and Strategies After Twenty Years,” Political Geography Quarterly, 1: 361-369. 
21%. Mordll, R.L. (1987), “Redistricting, Region, and Representation,” Folitical Geography © Quarterly, 6: 241-260. 
217. Morrill, R.L. (1954), “Electoral Geography and Gerrymandering: Space and Politics,” in 5 Demko and W.B. Wood eds. Reordering the World, pp, 101-1 19, Boulder, CO: Westview ress, 
218. Pildes, RH, and Niemi, R.G. (1993), “Expressive Harms, “Bizarre Districts,” and Voting Righte; Evaluating Election-Distrier Appearances after Shaw v. Reno," Michigan Law Review 92 (3): 483.587, 
213. United Press International, April 21, 1984, “Attorney in Redistricting Case Only Partly Pleased with Results” 
220. Maps of 1984 Mecklenburg County State House districrs 221, foe, John M. and Peterson, D. W., The Science of Gatekeeping, 74 N. C. Law Rav. 1183 (1996) 

Defendants’ Proposed Exhibits: [300-399] 
Defendant-Tntervenors Proposed Exhibits: [400-499] 

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Date and Time: October 22, 4:20 p.m, 

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All taps on the exhibit list are authentic. 

At the request of a party, the court may take judicial notice of tnaterigls offered ay an exhibit from the 1991 submission of Congressional districting plan, 

Plaintiff Jake Froehlich has standing to challenge the constitutionality of Congressional . District 12. 

Plaintiff R. O. Everett has standing to challenge the sonstitutionality of Congressional District 12, 

Plaintiff Joe! K. Bourne has ftanding to challenge the constitutionality of Congressional District 1. 

Plaintiff Lois Weaver has standing to challenge the constitutionality of Congressional Digtriet 1. 

Plaintiff Thomas Chandler Muge has standing to challenge the constitutionality of - Congressional District 1. 

Plaintiff Martin Cromartie hag standing to challange the constiturionality of Congressional District 1, 

Data on precinct boundaries and populations for the most populated counties, which would permit them to be divided in redistricting, was placed onto the gtate’s redistricting computers prior to 1991, 

The staff of the General Asembly later added the precinct boundaries and populations of counties in Northeastern North Carolina inta the state’s computer with the expectation that they might be split in the formation of districts, [Cohen Nov. 12, 1902 depo, 0.101] 
Registered Democrats are prohibited from voting in Republican primaries and registered Republicans are prohibited from voting in Democratic primaries at the present time. 
In creating the 1997 Plan, the General Assembly split 22 counties, 
Ten of twenty counties were split in creating District 1 in the 1997 Plan, 

Bix of six counties were split in creating Disirict 12 in the 1997 Plan. 

On two measures of political behavior (the 1600 Ganwe/Helms and 19583 Rano/ Gardner 

8



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17. 

18, 

19. 

206, 

21, 

22. 

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contests), the 12% District is the politically safest in the state. 

The 12° District is the second safest vsing the measure of political behaviar of Party Registration , after the 1° District. 

Exhibits A-P of the Affidavit of Martin B. McGee dated March 23, 1995 ars authentic documents praduced from information contained in the computer data base of the General Assembly. 

Guilford Caunty Precinct 11 is not within District 12 but is contiguous to that district. The previnet is 17.57% African-American in total population and 17.89% African- American in voting age population. Democrats comprise 62.32% of registered voters. Within this precinct, the Democratic candidate received 67.51% of the vote in the 1590 senatorial race, 61.68% of the vete in the 1088 Lt. Governor race, and 52.08% of the vote in the 1988 Lewis/Smith Court of Appeals race. 

Guilford County Precinct 14 is not within District 12 bur Is contiguous to that district, The precinct is 15.19% African-American in total population and 15,24% Africans Auuericsn in voring age pupelslivic Democrats comprise 58.14% of the registered voters. Within this precinct, the Democratic candidate received 86.91% of the vote in the 1990 senatorial race, 65,66% of the vets in the 1988 Lt. Governor race, and 63.92% of the vote int he 1088 Lewde/Smith Court of Appeals race. 

Cuilford County precinct 17 is not within Listrict 12 but {3 contiguous to that district. The precinct is 9.09% African-American in total population and 8,64% African-American in voting age population. Desitiow als comprise b1.¥6% of the registerad voters, Within thie procimoe, the Duinuuiails candidate received 65.08% of the vote in the 1990 senatorial race, 61.68% of the vnre in the 1988 Lt. Govornoe raed, aad 58. 1944 ufihe vore In the 1988 Lewis/Smith Court of Appeals race. 

Forsyth County Brunson Elementary School Precinct is not within District 12 byt is contiguous to that district. The precinct is 27.83% African-American in total population and 23.88% Alican-American in voting age population, Demncrais comprise 65.75% of the swyiviered voters, Withig this precinct, the Democratic candidate received 75.46% of the vote in the 1990 senatorial race, 66.30% of the vote int he 1988 1.1. Govemnar face, dud 65.84% in the juss Lewie/Smith Court of Appeals race, ; 

Forsyth County Hanes Community Center precinct is not within District 12butis contiguous to that district, The precinct is 32.06% African-American in total population and 28.80% African-American in voting age population. Demograts comprise 76% ul lhe registered voters, Within this precinct, the Democratic candidate received 75,77% of the vote in the 1990 senatorial race, 71.68% of the vote in the 1988 Lt. Governor race, and 69.18% of the vote in the 1938 Lewis/Smith Court of Appeals race. 

Forgyth County Lathan; Elémentary School Precinct is not within District 12 but is



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17. 

18, 

18. 

20, 

21. 

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cantesta), the 12% District is the politically safest in the state. 

The 12° District is the second safost Vsing the measure of political behavior of Party Registration , after the 1* District. 

Exhibits A-P of the Affidavit of Marin B. McGee dated March 23, 1995 ars authentic documents praduced fom information contained in the computer data base of the General Assembly. 

Guilford County Precinct 11 is not within District 12 but is contiguous to that district. The previnet is 17.57% African-American in total population and 17.89% African- American in voting age population. Democrats comprise 62.32% of registered voters. Within this precinct, the Democratic candidate received 67.51% of the vote in the 1590 senatorial race, 61.68% of the vote in the 1088 Lt. Governor race, and 52.98% of the vote in the 1988 Lewis/Smith Court of Appeals race. 

Guilford County Precinct 14 is not within District 12 but is contiguous to that district. The precinct is 15.19% Afrcan-American in total population and 15.24% Africans American in voting age population. Demoerars comprise 58.14% of the registered voters, Within this precinct, the Democratic candidate received 86.91% of the vote in the 1990 senatorial race, 65,66% of the vete in the 1988 Lt. Governor race, and 63.92% of the vote int he 1988 Lewis/Smith Court of Appeals race. 

Quilford County precinct 17 is not within District 12 but is contiguous to that district. The precinct is 8.09% African-American in total population and 8 64% African-American in voting age population. Democrats comprise 61.86% of the registered voters, Within this precinct, the Democratic candidate received 65.08% of the vote in the 1900 senatorial race, 61.68% of the vote in the 1088 Lt Governor race, and 58.19% of the vote in the 1988 Lewis/Smith Court of Appeals race. 

Forsyth County Brunson Elementary School Precinct is not within District 12 byt is Contiguous to that district. The precinot is 27.83% African-American in total population and 23.38% African-American in voting age population, Democrats comprise 65.75% of the registered voters, Withip this precinct, the Democratic candidate received 75.46% of the vote in the 1990 senatorial race, 56.30% of the vote int he 1988 Lt. Governar Tage, and 65.84% in the 1988 Lewig/Smith Court of Appeals race, i 

Forsyth County Hanes Community Center precinct is not within District 13butis contiguous to that district. The precinct is 32.06% African-American in total population and 28.80% African-American in voting age population. Democrats comprise 76% of the registered voters. Within this precinct, the Democratic candidate received 75.77% of the vote in the 1950 senatorial race, 71 68% of the vote in the 1988 Lt. Governor race, and 99.18% of the vote in the 1988 Lewis/Smith Court of Appeals race. 

Forsyth County Latham Elementary School Precinct is aot within District 12 but ie



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contiguous to that district. The precinct is 19.82% African-American in total population and 17.41% African-American in voting age population. Democrats soiprise 65.25% of the registered voters. Within this precinct, the Democratic candidate received 54.85% of the vote in the 1990 senatorial race, 33.86% of the vote in the 1588 Lt. Governar race, and 55.87% of the vote In the 1988 Lewis/Smith Court of Appeals race. 

Mecklenburg County Precinct 10 is not within District 12 but is contiguous to tha district The precinct is 6.9% African-American in tota) population and 5.42% African-American in voting sg population, Democrats comprise 62.45% of the registered voters, Within this precinet, the Democratic candidate received 73.01% of the vote in the 1988 Lt. Governor race, and $5.78% of the vote in the 1988 Lewis/Smith Court of Appeals race. 

a in voting age 
in this precinct, 
rial race, 52.32% 

and 48.30% of the vote in the 1988 

But for the splitting of Precinet 77 in Mecklenburg County, District 9 would not be contiguous, 

Precinct 77 is split in the proposed 1997 Congressional District plan between Districts 9 and 12. 

Precinct 77 is not split in the state sengte plan; it is wholly within District 33. 

Precinct 77 is not split in the state house plan: it is wholly within District 56. 

Precinct 77 is not split in the Mecklenburg County commission School board districts: it is wholly within District 2. 

Precinet 77 is not split in the Charlotte City council districts; it is wholly within District 3. 
In 1982, candidate Micky Michaux received 46.35% of the second primary vote in the 2% Congressional District. 29.19% of the registered voters in the district at that time were black 

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

There are a total of 435 Congressional districts in the United States of America. 
District 12 in the 1097 Plan hag a dispersion score of 109 and a perimeter score of 041.  



   
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Nn HCOAG ARTETA | TT nr AO Hye 100 # 
"EVERETT GASKINS,DURHHM TEL:919-682~5469 

11 

an. 

38, 

39 

40. 

41 

42, 

43, 

43, 

48. 

Qct 22°99 16:48 No.QO1 P.12 

If the 1992 ranking had remained unchanged, District 12 in the 1997 Plan would stand 1 
the 430% [east compact district on the dispesion measure and it would rank 423 on the 
REDS Measere- Given the shangss to mehr cor mainnad Jacl ax 6 reall of Stor 
type litigation, District 12 ranks 430 or 431 in dispersion mensura and 432 or 437 in the 
porimeter monoure. 

Bl.l.. is Jl 0 an wha wwsaislve wind apis His pupatluin [% 73 CELL CLIC LE] HEE, 

Ocooncbore, Bligh Tipime, Lapingesn, Lainsbum, atest, Thums ills wd Wicslosee 
Salem) and several towns, 

Approximately 75% percent of the total population of District 13 seme Sram parts af 
Mecklenburg, Forsyil and Guilford counties. 

Approximately 95% of African-American thai are registered to vote are registered 
Democrats. 

Forsyth County is split such that 72.9 percent of the total population assign to District 12 
i Aftinan Amarinan, whith ane [1 1 parnsnt AF ita tats] pepiinton kigigucd to uml 
District § is African-American, 

Mecklenburg County it split. ro that 51.9 percent of its total populatisn allocated to 
District 12 is African-American, while only 7.2 percent of the total population assigned to 
adicining District 9 is African-American, 

Guillosd County In sph sn that £1 £ ponsent of irs taal popUIADOR UGS Aled to Disliivl 13 
bo MR emssimclussrus bas, while vay 1v.2 puiveain ui wie wis popuLUn assiiey BUJOIIOE 
Nigtricr 6 is AfficaneAmerican. 

Approximately a of African-Americans that reside in District 12 in the 1997 Plan 
were also included in Distriet 12 in the 1092 Plan. 

Approximately % of whites that resicled in District 12 in the 1997 Plan were also 
included in District (2 in the 1992 Plan. 

The county wide election and voter registration data in Davie County was prorated to 
gach Miner Civil Division, 

As a result of this proration, the data used by Dr. David Peterson in his report indicated 
that in several Minor Civil Divisions there were more registered African-American voters 
indicated to be in the MCD than ther¢ were voting age African. Americans residing in 
those Minor Civil Divisions. 

In January of 1989, North Carolina had eleven Congressional districts. Of these the 
second district (including Durham) had the largest percentage of African-Aterican 

residents, 40 percent. It was followed by the First District (in the northeastern part of the 

 



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oe 1a 

= @)oriseres NC AG SPECIAL LIT 

“EVERETT GASKINS/DURHAM TEL:Q19-682~5469 

36. 

37, 

38, 

19, 

40. 

41. 

42. 

43. 

45, 

48, 

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Ifthe 1992 ranking had remained unchanged, District 12 in the 1997 Plan would stand as 
the 430° least compact district on the dispersion measure and it would rank 423 on the 
perimeter measure. Given the changes to other congressional districts as s result of Shaw 
type litigation, District 12 ranks 430 or 431 in dispersion measure and 432 or 433 in the 
perimeter measure. 

District 12 divides six of six counties and splits the populations of eight cities (Charlotte, 
Greensboro, High Point, Lexington, Salisbury, Statesville, Thomasville and Winston- 
Salem) and several towns, 

Approximately 75% percent of the total population of District 12 comes from parts of 
Mecklenburg, Forsyth and Guilford counties. 

Approximately 95% of African-American that are registered to vote are registered 
Dernocrats. : 

Forsyth County is split such that 72.9 percent of the total population assign to District 12 
is African-American, while only 11.1 percent of its total population assigned to neighbor 
District § is African-American, 

Mecklenburg County is split so that 51.9 percent of its total population allocated to 
District 12 js African-American, while only 7.2 percent of the total population assigned to 
adjoining District 9 is Affican-American, 

Guilford County is split so that 51.5 percent of its total population allocated to District 12 
is African-American, while only 10.2 percent of the total population assigned to adjoining 
District 6 is African-American. 

Approximately _ % of African-Americans that reside in District 12 in the 1997 Plan 
were also included in District 12 in the 1992 Plan. 

Approximately % of whites that resided in District 12 in the 1997 Plan were also 
included in District 12 in the 1992 Plan. 

The county wide election and voter registration data in Davie County was prorated to 
gach Minor Civil Division, : 

As a result of this proration, the data used by Dr. David Peterson in his report indicated 
that in several Minor Civil Divisions there wate more registered African-American voters 
indicated to be In the MCD than there were voting age African-Americans residing in 
those Minor Civil Divisions. 

In January of 1989, North Carolina had eleven Congressional districts. Of these the 
second district (including Durham) had the largest percentage of African-American 

residents, 40 percent. It was followed by the First District {in the northeastern part of the 

 



   
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Bot 23°90 16:49 No.QO1 P.13 

state and abutting the Atlann¢ Ocean) which had 35 percent African-American residents: 
the Third District (including Goldsboro) and the Seventh District (including Fayetteville) 
each had 27 percent African-American residents; the Ninth District (including Charlotte) 
had a 21 percent African-Amcrican population: the Sixth District (including Groongboro) 
had 21 percent African-American population; and the Fourth District (including Raleigh) 
and the Eight District (including Salisbury) each had a 20 percent African-American 

population. See Black Elected Officials, A National Roster at p. 323 (1989, 13% ed). 

47. Approximately 22% of the State's population is African American. 

48. District 12 in the 1997 plan is 46.67% African-American in total Sotto and 43 36% 
African-American in voting age population. 

49. District 1 in both the 1997 and 1998 plans Is 50.27% African-American in total population 
and 46.54% African-American in voting age population. 

30. District 12 in the 1998 Plan was 35.58% African-American in total population and 
32.56% African-American in voting age population. 

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

32. Congressman Clayton was reselected in District 1 in the 1998 Plan with 62.2% of the 
vote, 

53, Congressman Clayton defeated State Represemative Linsvood Mercer, a white candidate, 
inthe 1998 Democratic primary alection with 63.9% of the vote, 

$4, Greater than 53% percent of registered Democrats in District 12 are African-Americans 
[NCEC data from 1997 subniiasion] 

55. Greater than poreent of registered Demoorais in District 1 are AfricaneAmericans [INCEC 
data from 1997 submission] 

36. Greater than 35% of those eligible to participate in the Democratic primary i in District 12 
are African-Americans. 

57. Greatar than 50% of those eligible to participate in the Democratic primary in District 1 
are African-Americans. 

58, 0fF Mecklenburg County's African-American population, 84% was placed in District 12 
and 16% in the District 9; but of its white population, 27% was placed in District 12 and 
73% in District 9. 

"hd ss wb tn ts + 0 

 



   

  

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50. Of Forsyth County's African-American population, 65% was placed in District 12 and 
35% in District 5; but of its white population, 8% was placed in Distnct 12 and 92% in 
District 3, 

60. Of Guilford County's African-American population, 76% was placed in District 12 and 
24% in District 6; but of its white population, 25% was placed in Distri¢t 12 and 75% in 
District 6. 

61. Of Iredell Osunty's Afizan- American population, 63% wae placed in Digtrict 12 and 37% 
in District 10; but of its white population 37% was placed in District 12 and 63% in 
Drstrict 10, 

62. Of Rowan County's African-American population, 66% was placed in Disttict 12 and 
34% in District 6; but of its white population, 23% was placed in District 12 and 775 in 
District 6. 

63. Of Davidson County's African-American population, 80% was placed in District 12 and 
20% in District 6; but of Its white population, 49.6% was placed in District 12 and 50.4% 

in District 6. 

64. District 12 is the only district under the 1997 Plan that contains no county which is not 
divided. 

65. The verbatim transcript of floor debate on HB 586 (Committes Substitute) Congressional 
Redistricting Bill Senate Chamber, date March 27, 1999 provides that Senator Cooper 
stated: “(When the Court stuck the {2 District it was because the 122 District was a 
majority Minority and it said that you cannot use race 23 the predoininate factor in 
drawing districts. Well, guess what! The 12 District, under this plan, is not Majority 
Minority. Therefore it is my opinion and the opinion of magy lawyers that the test 
outlined in Shaw v_ Hunt will not even be triggered because it is not a Majority Minority 
district and you won't even look at the shape of the district in considering whether it is 
constitutional” [97C-28F-4F(2) at 5-6] 

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

67.  Rapresentative McMahan, in describing District 12, told his colleagues in the House of 
Representatives that: “As far ag District 12 - I believe, again, that Congressman Mel Watt 
is very comfortable and anyone else that might choose as a minority to run in that distirct 
should be very, very comfortable - when there is 46.5% of the people in that District are 
also minarities ~ that they could win” N.C. Section 5 Submission 1997 Congressional 

 



   
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Oct 22'99 18:50 No.0O1 P.15S 

a
 

Redistricting Plan, Vol. 5, Attachment 97 C-28F(1) at 16. 

68. Representative McMahan informed the House floor as follows: “I am confident that we 
have done our best - our dead level best - (0 draw two districts that are fair racially and do 
have oie of them the majority of the population and other one over 46%, and that's the 
very best wa conld do on hoth sides, and we look at this very, very closely - cbvinugly - 
and the very best we could do and yet create Districts that we felt would be acceptable to 
the Department of Justice and to the Court.” N.C. Section 5 Submission 1997 
Congressional Redistricting Plan, Vol. §, Attachment 37C - 28F(1) at 23, 

69. At least the following pracinets to be used in the 2000 cycle of elections will be split if the 
1997 plan wer¢ used for that election cycle: Beaufort County: 1® 2nd 4™ Wards in 
Washington City; Craven County, 2, 3° 4% and 5% Wards in New Bern and Treat 
Waods; Iredell County: Davidson #1, Coddle Creek #2, and Statesville #1; Pitt County; 
Greenville 12 and Ayden; Rowan County: Bast Spencer and South Ward, [source: 1998 
primary election returns for Districts 1 and 12, reflecting votes in two districts for each 
precinct] 

70. Based on April 8, 1598 voter registration data, of the 1263 registered voters in East 
Spencer Precinct #18 in Rowan County, five of them were registered in the 6* 
Congressional District and all the rest were in the 12° Congressional District under the 
19597 Congressional District plan 

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

7a. The boundaries of Congressional District 12 in Guilford County do not substantially 
follow the boundary lines of state house or senate districts in the county. 

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

74. Five of the counties arg majority black in total population, 

75. The ten whole counties as a group are more white thas black. 

76. More than half the black population of the distri¢t comes from the ten split counties. 

 



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EVERETT GRSKINS/DURHAM TEL:919-682-5469 Nov 08'99 12:18 No.0QO1 P.O1 

EVERETT & Evemperr 
ATTORNEYS AND QOUNSELORSE AT LAW 

BLATE 300 AO. EVERETT (1g79-1071) 
301 W. MAIN STREET ' KATHR, or INE * EVEAETT (1809-1008) 

P.O. BOX 282 DAWNT. BATTIOTE Duptan, Norm Casoun TEL (N3) oe-D041 DANERA. 8. HERRING : Sung 27702 FAX: (970) 880-8408 
—— 

ROBENT Bb Lenten 
OF COUNSEL CRAIG WM, KABATOMNICK 

ADMITTED N.C, B.) 

November 8, 199% 

Ms. Tiare Smiley 
North Carolina Dept. of Justice 
P. 0. Box 629 
Raleigh, NC 27602-0620 

Dear Tiare: 

1 had hoped to provide more detailed reaponises to your recent letters on discovery issues this moming, but was forced to overnight at Dulles while retumning from speaking at the NCSL conference in Burlington, Vermont, I spoke briefly to Gerry Cohen, who was also on the program, and reported that thus far no new trial date has been set. 

We havs attempted to cull our fist of maps, as reflected in the attached set of my working notes, No doubt a good deal of renumbering will be necessary. 

Judge Everett has a number of questions about map production, but the two most urgent are whether a single large version of maps can be lodged with the court and smaller copies made available for each judge and counsel, and the degree to which maps can be prepared by the Information Services Division. 

Your list contained a few plans which we now propose 10 include in Joint Exhibits, and I would suggest any legislative draft plans you Propose to offer be included alongside those in the group. You may bave already numbered such plans, however, and if so, we can discuss how to proceed on thesg, 

We will endeavor to provide a further response 10 your letters of October 28 and November 1 later in the day. 

Yours Very Truly, 

Doug I  



  

EVERETT GASKINS/DURHAM TEL:919-682-546% 

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Plaintiffs’ Second Draft of Exhibit List 

From Deposition Exhibits: [numbers 1«99 have been raserved] 

My proposal will be to refer, where applicable, to any Joint Exhibit which includes any of these, rather than to reproduce them twice in the materials for trial. We are prepared to jointly offer the bulk of thess, including prior Shaw and Cromartie pleadings, We would expect to have you offer Peterson's reports, and object subject to the Daubert motion, and to offer the underlying data either jointly or conditionally for the purpose of oross-examination only. 

Deposition Exhibit |; [included in Joint Exhibit 221) 

copy of article, The News & Observer, 12/29/96, “Legislators loath 

Deposition Exhibit 6: [included in joint exhibit 108) Deposition Exhibit 7 [included in joint exhibit 103] Deposition Exhibit 8: 

to split counties when redistricting,” AP Deposition Exhibit 9: Congressional Plans jn System with Creation Dates on or after January 1, 1996 
Deposition Exhibit 10: fincluded in Exhibit 101] Deposition Exhibit 11: memo, Cohen to United States Department of Justice, 10/14/91 Deposition Exhibit 13 [same &s Joint Exhibit 108] Deposition Exhibit 14: [subsumed in Joint Exhibit 162) 

Deposition Exhibit 18: [subsumed in Joint Exhibly 228] for purposes of cross examination only: 
Cromartie, er, al v. Hunt, er. ai., affidavit of David W. Peterson, 

Cromartie, at. al v Huw, of al., second affidavit of Davia w. 

N\Cliants\NC_Redistrict\Programs\BASCORR, 2/24/98 additional data from PRI Associates, 9/7/99 Type P Divergent Segments Using Democratic and Black 

Type R Divargent Segments Using Democratic and Black 

Summary of Divergent Precinats and Segments by County Congressional District 12, 1992 Plan, Black Population, Wart races, 1992, 1994, 1996. Congressional District 1, 1992 Plan, Black Population, Clayton races, 1992, 1994 1066, Population, Voting Age Population, and Registration for three 

Deposition Exhibit 19: 

Ph.D. 2/27/98 
Deposition Exlubit 20: 

Peterson, Ph.D, 9/8/99 Deposition Exhibit 21: data from PRI Associates, 

Deposition Exhibit 22: 
Depozition Exhibit 23: 

Registration 
Deposition Exhibit 24: 

Registration 
Deposition Exhibit 25: 
Deposition Exhibit 26: 

Deposition Exhibit 27: 
elections 

Deposition Exhibit 20; The Evolution of the First and Twelfth Congressional Districts in 

 



  

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Deposition Exhibit 30 

Deposition Exhibit 34: 
Deposition Exhibit 37: 
Deposition Exhibit 40- 
Deposition Exhibit 41: 
Deposition Exhibit 42 
Reposition Exhibit 43 
Deposition Exhibit 44 
Deposition Exhibit 47: 

Deposition Exhibit 48; 
Deposition Exhibit 46: 

Deposition Exhibit 50: 
Deposition Exhibit §1: 
Deposition Exhibit 52: 

Deposition Exhibit 53: 
Deposition Exhibit 55: 
Deposition Exhibit 56; 

Deposition Exhibit 53: 

Deposition Exhibit 60: 

Deposition Exhibit 61: 
Deposition Exhibit 62: 
Deposition Exhibit 63 
Deposition Exhibit 64: 

Deposition Exhibit 66: 

Depomtion Exhibit 68: 
Deposition Exhibit 69: 

Deposition Exhibit 70: 

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Nov 08'93 12:19 No.0OO1 P.OZ 

the 1990s, Linwood Jones 
Redistricting 1991, Legislator's Guide to North Carolina 
Legislative and Congressional Redistricting, 2/91 
Plan; Congress-95-8. 1 : 
Plan; Congress-95-9,1 
{subsumed in Joint Exhibit 223) 

[subsumed in Joint Exhibit 106] 
Pleadings [offered by D] 
Pleadings [offered by D) 
Pleadings [offered by D] 
Cromartie, et. al. v. Hunt, ef ai, Declaration of Dr. Ronald E. 
Weber 
Exhibit A to Declaration of Ronald E. Weber, curriculum vitae 
Exhibit B to Declaration of Ronald E. Weber, Cases in which Dr, 
Ronald E. Weber hag Tostified a3 an Expert or been Deposed 
Under Oath 

Exhibit C to Declaration of Ronald E. Weber, case analyses 
Exhibit D to Declaration of Ronald E, Weber, registration analyses Exhibit E to Declaration of Ronald E. Weber, reconstituted glection 
analysis 
Places Split by 97 Congressional Districts 
Shaw Declaration of ).H. Froelich, Jr., unsigned 
Cromartie Affidavit of 1H. Froslich. Ir. | 

E-mail, Cohen to Cooper and Winner, 2/10/97 re. 97 Cooper 3.0 

precinct map, Rowan County, enlargement of portion of Exhibit 61, prepared by Rverett [size D] 
precinct map, Rowan County, prepared by Everett [size D] 
Rowan County Districts 
note from R. OQ. Everett [offered by D] 
Cromartie v. Hunt Affidavit of R.O. Everett, 1/30/08 

1999 North Caralina State Transportation Map 

Population Affected by Adoption of ‘07 Congressional Plan 
map, Yoter Precincts as Recorded in the Planog Appottionmert System {size C) : 
map, 1990 Minor Civil Division (Townships) for North Caroling Counties [size] 

Maps and Possible Joint Exhibits [100-199]: 

These are My working notes, and reflect in some instances that maps are still in the preparation 8 aby 11 inches. Ba 11 x 17 inchas, CO shout 2 foot by 3 feet, D— 
stage. The zizs sale is A= 

page 19 

 



  

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about 3 foet by 5 feet. Is this list sufficiently reduced in number that preparation of these maps gt Dan Frey's office would be appropriate? 

101. Map of 199] Congressional District Plan (1997 Congress #6, denied preclearance) [size A] from N& O [Depo Exh 10] 
official map, perhaps size B 
*101B. Demographic and politica! dats (missing VAP) 101C, New & Observer article, “political landscape changes” 102. Map of 1992 Congressional District Plan (1992 Congressional Base Plan #10) we have size A 

We *102B, Demographic and political data (missing election) i Mae of 1997 Congressional District Plan (1997 House/Senate Plan A) size 
103B. Demographic and political data, full set 104, Map of 1998 Congressional District Plan (used in 1998 election) “[size A sought] 
104B, Demographic and political data, full set 105. Map of 1997 Congressional District, Plan A (first proposal by State Senate (Sen. Cooper, committee chair)), District 1 
105A. Same, for District 12 
1038. Statewide nap (B&W) [from Depo Exh, 6) 105C, Statewide color map, size B 
; oo Demograplas and political data, full get Map of 1997 first proposal by State House (1997 C ional Plan A. 1 as depo 41)(Rep, McMahan, committee chair) | fini same i dupe er 1068. Statewide map (B&W) 
106C, Map of District 1 (B&W) 
106 D. Map of District 12 (B&W) 
106E. Demographic and political dat 

x107. Map of 1996 propogal by State House (Rep. Morgan, chair, Rules Commitice)[R1] X107B. Demographic and political data 

Map O of MeGee Affidavit][size D] 
114, Map of Mecklenburg County with black population and Democratic voter ragistration [same 
23 Map P of McGee AfBdavk [size D] 

P.04 

 



  

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115, Map of area of District 1 with black voting age population [size D] 

3 ] 4 ve of Craven County with black vating age population and precinct names (size D. not reate 
> Yer 2 Seanyils County with black voting age population and precinet hames [size D - ap of Jones County with black voting age po ulation and precinct i COULD BE SIZER pil ne MN 9D 120. Map of Lenoir County with bigok voting age population and precinot names [size D "121. Map of Pergon County with black voting age population and precinct names [size D J22 Map Si Sounty with black voting age population and precinct names [size D . Mapo ington County with black voting age tion and precinot names [size P COULD BE SIZEB Pee 3 isa 124, Map of Wayne County with black voting age population and precinct names [size D 125, Map of Wilson County with blsck voting age population and precingt names [size N 

"sould by size B, if names of precinets sre removed: io dp of Craven County with support for Democrat candidate in 1988 Court of Appeals con 
136, Map of Granville County with gugpart fir Nemnerst fmmdidaes _. 1000 Ouw. of Appoas WAAILTSE 

A : Tap of Jones County with suppor; for Democrat candidate in 1988 Court of Appeals 
He of Lenoir County with mipport for Demgorat sa lileic in 1548 Court of Apjeuis 
ive Ma of Person County with support for Democrat candidate in 1088 Court of Appeals 
140. Map of Pitt County with support for Democrat candidate in 1988 Court of Appeals contest ya of Washington County with support for Democrat candidate in 1988 Court of Appeals 
| % Man nf Wayne County wigk Burp Ra Cremocrer candidate in 1988 Court of Appeals e 
143, Map of Wilson County with support for Democrat candidate in 1988 Court of Appeals 
114, Map of ain of District 12 with support for Democrat candi in 1988 
iil 

date in 1988 Court of Appeals 
145, Map of Davidson and Eastern Rowan Counties With support for Democrat candidate in 

 



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115, Map of area of District 1 with black voting age population [size D] 
. ] ou of Craven County with black vating age population and precinct flames (size D, not BB ? : : ; a : So a od hut was Higa) 

3 of Lenoir County with i i récinot eee Com wd gt og : ulation an i co ww LT a Er age omit oe dsniub [size D 

12%, Map of Wilson — rr Hie i a pe piasien oe Plone Raine ia p 
127. Map of Davidson County with black votin i name 2 age population : i 128. Map of Forsyth County with black voting age population Daun Lith 

131. Map of Mecklenburg County wi i ty with black voting age population and preci i ; i Map of Sonal County with black voting ag population ang Wha as [40 ° Ry p te of District | wath support for Democrat candidate in 1988 Court of Appeals [size D](results for Beaufort Crnnty are countywide) 
hs he izes. if names of precincts sre removed; . Map o ! : 
j5.2 ap of Uraven County with support for Domserat suudidaze In vss Court of Appeals 
36, i i 136, Map of Granville County with support for Democrat candidate in 1988 Court of Appeals 

137. Map of Jones Co nty with idate i 
he u suppor for Democrat candidate in 1988 Court of Appegls 
138. Ma of Lengir County with sy i 

p Y With support for Democrat candidate in 1988 Court of Appeals 
139. Map of Person County with rt for Demo i 

ton support for orat candidate in 1988 Court of Appeals 

142. of W 
i 

en ayne County with support for Democrat candidate in 1988 Court of Appeals 
143, Map of Wilson C i p of Wilson County with support for Democrat randidate in 1938 Court of Appeals 
144. Map of area of District 12 with candidate i contest [size D] th support for Democrat candidate in 1988 Court of Appeals 
145, Map of Davidson and Eastern Rowan Counties with support for Demosrat candidate in 

 



9197166763 ~» LDF page 23 

NC AG SPECIAL LIT Fa 

: — Op - from 3 me Received Nov-18-09 11:24am @ woe @F FE 

EVERETT GRASKINS/DURHAM TEL:919-682-5469 Nov 02°92 12:21 No,0Ql P.O6 

1988 Court of Appeals contest [size Di | 
i pa of “iy Roum with support for Democrat candidate in 1988 Court of Appeals 

WE 0 ed County with support for Democrat éandidate in 1988 Court of Appeals 
wick Yn. Ag County with support for Democrat candidate in 1988 Court of Appeals 
i County with support for Democrat candidate in 1988 Court of 

151. Map of area of District 1 with support for Democrat candidate in 1990 U. § 
[size D] (results for Beaufort County are countywide) . §. Senate contest 

hs er of Craven County with support for Democrat candidate in 1990 U. S. Senate contest size 
5, Hp of Granville County with support for Democrat candidate in 1990 1. §. Senate contest size 

2 > Map of Pitt County with support for Democrat candidate in 1690 TJ. 8. Senate contest [size 

sont [ee DT wana ; Ba 1 pr for Pemacrar randidate in 1000. § Senate 
: . My n=) Baan Rowan Counties with support for Democrat candidate in 
: ou hg of Forsyth County with Support for Democrat candidate in 1990 U 8, Senate contest 
i end of Guilford County with support for Democrat candidate In 1990 U. §. Sanat vuntest 
He i of Iredell County with support for Pandey) candidate in 1990 U. §, Senate contest 
an gor Ruin County with support for Democrat candidate in 1990 U, §. Senate 

1% Map So Carolina, population density, by county . Map of North Caroli i 0s ion [si 
Bll 0 aralina, population density, by block groups, for total population [size 
170A. Map of North Carolina, population density, b 

i 
: : ¥: by block groups, for total I i Sao fares overlaid [size B][not yet created] Es or i Pt oie ‘a ort J i { i 

Hy i araing, population density, by census tract, for total Population {size B] 
172, Map of Beaufort County with pin dot po 

175. Map of Jones County  



  

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176. Map of Lenoir County with pin dat population density for total black population 177. Map of Person County with pin dot population density for total black population 178. Map of Pitt County with pin dot population density for total black Population 179, Map of Washington County with pin dot population density for total black population 180, Map of Wayne County with pin dot population density for total black population 181. Map of Wilson County with pitt dot population density for total black population 182. Map of Davidson County with pin dot population density for total black population 183. Map of Forsyth County with pin dot population density for total black population 184. Map of Guilford County with pin det population density for total black population 185. Map of Iredell County with pin dot population density for total black population 186. Map of Mecklenburg County with pin dot population density for total black population 187. Map of Rowan County with pin dot population density for total black population 

192. Map of Guilford County used to establish boundary segments for analysis of Dr, Peterson 193. Map of Iredell County used to establich boundary segments for analysis of Dr. Peterson 194. Map of Mecklenburg County used to establish boundary segments for analysis of Dr. Peterson 
195. Map of Rowan County used to establish boundary segments for analysis of Dr, Peterson 
196A. Map of North Carolina, total black population, by county (B&W) 196B. Map of North Caroling, total black population, by county [size A) 

198. Map of Eastern North Caroling, total black population, by census block group 199. Map of Central North Caroling, total blgck population, by census block group 
201. Map of the 1872-1882 North Carolina Congressional Districts, highlighting “Black Second” District 
202. Map of the 1883-1891 North Carolina Congressional Digtriers, highlighting “Black Second” District 
203. Map of the 1891-1901 North Carolina Congressional Distriets, highlighting “Black Second” District 

204. Map of North Carolina counties with percentage total black population, with 12® Congressional Distriot overlay 

208, Map of 19805 congressional Districts in NC 
206B. Racial data for 1980s plan 
207. Map of 1970s congressional Districts in NC 

P.Q7 

 



  

ALL ARE SIZE B+ 
x?200. 1999 split precincts, Beaufort County 

+ 210. 1999 spit precincts, Craven County 
210A. Close up of New Bem precingts 
211. 1995 split precincts, Davidson County 
x71212. 1999 split precincts, Forsyth County 
213. 199% split precincts, Iredell ¢ 
x?214. 1999 split precincts, Jones County 
X7215. 1999 split precincts, Lenoir County 
X7216, 1999 split precinets, Person County 
217. 1999 split precincts, Pitt County 
218. 1999 split precincts, Rowan County 
219. 1999 wplit precincts, Washington County 
220. 1999 gpiit precincts, Wayne County 

222. Map of 1997 second proposal by State House (1997 Congressional Plan B)(zame as depo exh 40)(Rep. McMahan, committee chair) 
2228. Statowide map (B&W) 
222C. Demographic and political data, fill set 

221A, Map of 96 Congress Winner/Cooper 1.0, focus on District 1 221B, Same for District 12 
221C, Statewide map (B&W) 
*221D. Demographic and political data (Deviations, total population, elections)[from Exh. 1] 

224A. Map of 96 Congress Winner/Cooper 2.0, focus on Distret 1 224B. Same for District 12 
*224C. Demographic and political data (election only) 

«40. Map of 97 Congress Cooper 1,0, focus on District 12 [size B] 220A, Sutewids map (B&W) 
226B. Demographic and political data, full set 

227A, Map of 97 Congress Cooper 2.0, focus on District 12 [siz R, have 2 copies] 2278. Sutewide map (B&W) 
227B. Demographic and political data, fill set 

228A. Map of 97 Congress Cooper 3.0, focus on District 12 [size B] 2288. Statewide map (B&W)[from Exh, 18] 
*228C. Demographic and political data, full set [some from Exh, 18) 

229. Multi-County Planning Ragions, 1670 (B&W) 

page 25 

  

F : VT 24am from 9197166763 +4 D EL wo ; y = heceived NOY Re SPECIAL LTT “ ro fpriseres ov 10 gy @ rz 
EVERETT GRSKINS/DURHAM TEL :919-§82-5469 Nov 08°99 12:22 No.001 P.08 

 



  

LDF Apien M1: Daan from 9197166763 ak olz 
Received NOC We specIeL LIT ro frissres ev 10 on @ r 

EVERETT GASKINS/DURHAM TEL :919-£82-5468 Nav 08'99 12:22 No .001 

230, NC Standard Metropolitan Statistical Areas, 1970 (B&W) 
231. Topographical Divisions of North Carolina (B&W) 

237. List of townships and keys for Davie County 
238. List of Precincts and keys for Cabarrus, Davidson, Forsyth, Guilford, Iredell, Mecklenburg, and Rowan Counties 
239. Chronology of Redistricting, by William Gilkerson 
240. Map, evolution of the 12 District, from 58C.27A-3(" {we have 3 copies, size C) 

This group will be culled: 

2xx. Election returns from Cabarrus County for 1988 Court of Appeals election 2. Election returns from Davidson County for 1988 Court of Appeals election 2. Elestion returns from Davie County for 1988 Court of Appeals election 
2. Election returns from Forsyth County for 1988 Court of Appeals election 2. Election returns from Guilford County for 1988 Court of Appeals slection 

» Elestion returns from Iredell County fos 1988 &ourr of Appeals election 2. Election returms from Mecklenburg County for 1988 Coun of Appeals eisction 2, Election retuns from Rowan County for 1988 Court of Appeals election 2. Election retymns from Cabarrus County for 1988 Lt. Governor election 2. Election returns from Davidsan County for 1988 Lt. Governor election 2. Election returns from Davie County for 1988 Lt. Governor election 2. Election returns from Forsyth Coumy for 1988 Lt. Govemer slaction 2. Election returns from Guilford County for 1988 Lt. Governor election 
2. Election returns from lredell County for 1988 Lt, Governor elaction 2. Election returns from Mecklenburg County for 1988 Lt. Governor election 2. Election returns from Rowan County for 1998 Lt. Governor election 

Plaintiffs’ Proposed Exhibits: [300-399] 

301. Memorandum of Gerry Cohen to US Department of Justice, November 3, 1991, from 1991 plag Section 3 submission 
302. Selected portions of 1991 plan Section 5 submission, related to congressional redistricting x7-303.. Precingt and township maps for each county of North Carolina, from Legislative Ressarch Office. Y 4/3 $09/2.R31. 
304, Remarks of Sen. Dennis Winner in Senate floor debate regarding 1992 plan 305. Log for Congressional Plan Type-based Plans Created in the Accounts of Gerry Cohen and Linwood Jones from 6/28/93 through 3/26/97 
306: Election returns for Congressional Districts 1 and 12 for all primaries and general elections from 1992 to the present [we may be able to stipulate to totals and percentages) 

page 26 

F.0%9 

 



  

Received Nov-10-99 11:24am from 9197166763 -» LDF 

NC AG SPECIAL LIT ofrecer: Maw 10 E @» F.2d 

EVERETT GASKINS/DURHAM TEL:919-582-5469 Nov 08°99 12:23 No.00l P.10 

311. Clayton, Politics of North Caroling Redistrieti : edistriot i ‘ 
us Collection, UNC-Chapel Hil library, C3 or “hi for Ph. D, U. Missouri, at North 
3 3 Hones Of Arteas Politics, for 1908 ; 
12. Morrill/ one Observer : . flr pup 885 Ory plen and demographic and partisan data 

i offnan, B, 1085 i : 5 3 ve N y [1 

314. Mortill, RL, (1981), Political Redistricr 
Adpasidionss American Geographers, Washington, D.C.: 

« Morrill, RL. (1982), “Redistricti 

1; in oting Standards and Strategies After Twenty Years,” Political 
316, Morrill, R.L, “Ra dlsia 

Ska, 2120 Redistricting, Region, and Representation,” Political Cieogranhy 

CT Dn, I June ain Geerymandsring: Space and Politic,” in 
Press, 2 Pp. 101-119, Boulder, CQ: Westview 
3 : iin 18, Pildes, RH, and Niemi, R.G (1993), “Expressive Harms, “Bizarre Digtricts.” and Voting Rights: Evaluating Eleotion«Distri 3). 483.58" istrict Appearances after Shaw v. Reno,” Mil oe 

321, Conley. John M. and » ; 1183 (1996) eterson, D. W,, The Science of Gatekesping, 74 N. €. Law Rev, 

Jae Sate section b (map takes precedence) 
. Dan Blue's op-ed article on 19972 redistricting, News & Observer 

Other possibilities: 

NCEC data 

Defendants’ Proposed Exhibits: [400-499] 

Defendant-Intervenors Proposed Exhibits: [500-599] 

  

page 27