Correspondence from Smith to Lynn and Hebert

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Matter
- Gingles
Case
- Thornburg v. Gingles
U.S. state
- North Carolina
Collection
- Case Files
Taxonomy
Identifier
- 6d2fc363-d892-ee11-be37-6045bddb811f

Cite this item

Case Files, Thornburg v. Gingles Hardbacks, Briefs, and Trial Transcript. Correspondence from Smith to Lynn and Hebert, 1981. 6d2fc363-d892-ee11-be37-6045bddb811f. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/a999b878-b7b6-420d-a19b-9b67e52fb2ad/correspondence-from-smith-to-lynn-and-hebert. Accessed December 04, 2025.

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    This letter constitutes the comment of the North
JuriaBorbery-Brown,Durham CaroLina CiviL Liberties Union Legal Foundation, Inc.,
oaurBredenberg,Raroish on Sections 3(3) and 5(3) of .A,rticle rr of the North
]'erry Cole, Boone
sni,,". c",n* rn*^,n* "^.", CSrolina ConstilrJtion, which were apprgved by vote of
A.s.Garb'aith,Durham the people of this state in NOvember, L958; and were
Rus$errHerman, Rareigh submitted nnder 55 of the voting Rights Act to your
Edwatd Hay, Asheville
charres F. Lamberh, Jr., rhomasvire of fice by the North CaroLina Board. of Elections on

Norlh Corollno
Clvil Liberties Union
Legol Foundollon

814 Southeast€m Bullding
P.O. Box 30911

Greensboro. North Carolha
27402

(919) 273-1641

Presidant Slater E. Na{rman
Vice Presidonl lnzer Byers
Secretarlr A.J.H. Clsmant, lll
Treasurer: Hermon Fox

Arfiliate Dalegate National Board:
V/.W. Finlator
Gensral Counsel: Norman B. Smith

M€mbers ol the Board:
lvlar,:Jarel DuB. Avery, GreEnsboro
Donald H. Beskind, ourham

lrrelinda Lawrence, Raleigh
Louis Lesesne, Charlone
Ti'o'nas Loflin, Durham
Carolyn McAllaster, Durham
Sarah Nelson, Greensboro
Joe Parker, Ahoskie
Danicl H. PolliB Cilapel Hill
irarilyn Prio€, Cttapel Hill
I'largol Roten, Ralsigh
Chrbtopher Scotl, Raleigh
Miriam Slifkin; Chap€l Hill
Blll Solenbsrger, Ashevill€
.ianics i. 't'faii, #iimirrgron
Carroll Webber, Greenville
Frances WesL Raleigh

Exacutiv€ Directon
George H. Gardner

Ad ministrative Assistant
Flo SshneiCer

October 14, l-98L

Ms. Teresa Lynn
Mr. GerrT Hebert
voting Slction Civil Rights Division
Departnent of ilustice
Washington, D. C, 20530

Re: Sections 3 (3) and 5 (3) of Article II, North CaroLina
Constitution

Dear Ms. Lynn and l"!r. Eebert:

September 22 28, 1981

These constitutional amend.ments prohibited the
d,ivision of counties in forming state senate electorial
districts and state house of representatives electorial
districts, respectively. The position of our organization
is that these prohibitions have the effect of making it
very difficuLt to attain near nurnerical equality in size
of electorial districts anA tend to diLute or cancel out
tninoritf voting strengthr so that these constitutional
provisions are at odds with the Voting Rights Act and with
the Fourteenth and I'ifteenth Arnend,ments to the United States
Constitution.

Tbe most recent effort by the North Carolina General
AssembLy to redraw the state house and senate district
lines folLowing the'L980 census was recently completed.
The draftspersons of the redistricting legislation repre-



3
C

Ms. Teresa LYnn
!{lr. GerrY Eebert
Page Turo
oetober L4, 1981

sented it as their best efforts to achieve ntuterical
equivalence. Yet, there are deviations of 23* population
difference from the largest to the smallest populated
district. Variances of this magnitude are clearly unacceptable;
there is presently pending a lawsuit in United States

: District tourt for tfre Eaitern District of North Carolina
. challengi^ng the redistricting; and indeed the Attorney

General of North Carolina has admitted that the plan is
gnconstitutional by reason of the trrcpulation variances
crearlyl-ii-;;""ti-es couLd be divi&ed i.rr redrdwing the
plan, Lhere would, be no obstacl"e to acbieving numerical
equalitY among ttre districts.

The prohibitiOns on division of counties also have
resulted in an excessive nurnber of multi-county,'mu3-ti-
member districts. For example, House of Representatives
District, No. 3 in the plan currently enforced comprises
the counties Parnlico, Craven, Jones, and Lenoir, and
elects thr:ee representatives. Except for Craven County,
these are relatively sparsely populated counties. In
such districts, not only are blacks and other minorities
disfavored, but qnfair advantage is given to wealthy
nersons able to finance campaigns encompassing large geo-

aivision of some of our urban counties into single member
d.istrictsi because of the residential ctustering of ethnic
groups in these counties, greater mi.:eority representation
would be virtually assured if counties were divided into
singile member districts.

For the reasons set forth above, it is respectfuLl-y
requested that your office deny cLearance under the Voting
nights Act to the North Carolina constitutional amendments
in question.

Yours sincerelYt

y ;ri"'"..-: ...'- . .":- ,.z,(-

Norman B. Snith

NBS:db

J. LeVonnb Chambers
Steve Suitts
Napoleon E. Wittiams

Ivlr.
Ir1r.
Mr-

cc:

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Correspondence from Smith to Lynn and Hebert

Matter

Case

U.S. state

Collection

Taxonomy

Identifier

Cite this item

Copyright notice

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