Fax from Carraway RE: Joint Appendix

Correspondence
October 8, 1998

Fax from Carraway RE: Joint Appendix preview

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  • Case Files, Cromartie Hardbacks. Fax from Carraway RE: Joint Appendix, 1998. 1796cd2e-e40e-f011-9989-002248226c06. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/ab28e062-81f2-4651-be2b-8540a83cf54c/fax-from-carraway-re-joint-appendix. Accessed July 20, 2025.

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State of North Carolina 
MICHAEL F. EASI EY Department of Justice 

ATTORNEY GENERAL P.O. BOX 629 REPLY TO: Frances S. Carraway, CLAS 
RALEIGH Special Litigation 

27602-0629 (919) 716-6900 
(919) 716-6763 (fax) 

TELECOPIER TRANSMITTAL SHEET 

TO: Todd Cox 

FAX: 202-682-1312 

FROM: Frances S. Carraway, CLAS 

TELEPHONE NUMBER: (919) 716-6900 

DATE: October 8, 1998 

SUBJECT: Joint Appendix in Hunt v. Cromartie, No. 98-85 

NUMBER OF PAGES INCLUDING TRANSMITTAL SHEET: 40 

CONFIRM RECEIPT OF DOCUMENT(S) IF MARKED HERE: 

COMMENTS: I have included the entire introductory portion of the 1997 §5 Submission in 
this fax. Section 97C-27N was reproduced in the appendix to our jurisdictional staternent. Section 
97C-27R is being designated in the Joint Appendix. The remainder of that material is for your 
information. Following the submission narrative in this fax are: excerpts from the 97 stat pack 
giving district population statistics; excerpts from the transcript from the House floor debate on 3-26- 
97, excerpts from the transcript from the Senate floor debate on 3-27-97; and excerpts from the 92 
stat pack giving district population statistics. All of this material is from the 1997 §5 Submission 
which was filed in the district court. These along with the complaint, answer, answer of defendant- 
intervenors, the motion for summary judgment and our cross-motion for summary judgment are what 
we plan to designate for the Joint Appendix. If you have any questions or suggestions or need 
anything further, please call Tiare or me. 

CONFIDENTIALITY NOTE 

THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS LEGALLY PRIVILEGED AND 
CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY 

NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE 
HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPY OF THIS TELECOPY IS 
STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS TELECOPY IN ERROR, PLEASE IMMEDIATELY 

NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS ABOVE 
VIA UNITED STATES POSTAL SERVICE. THANK YOU. 

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Information Supporting North Carolina’s 
Section 5 Submission for its 1997 Congressional 

Redistricting Plan 

The following information is submitted by North Carolina in support of its request 10 
preclear the State’s new congressional redistricting plan enacted by the General Assembly on 
March 31, 1997. The numbered paragraphs correspond to the numbers of the rules of the 
Department of Justice, 28 C.F.R. §§ 51.27 and 51.28. In most cases, information documenting 
the information in numbered paragraphs is contained in an attachment bearing a corresponding 
number. (e.g. Paragraph 97C-27A is documented by Attachment 97C-27A). 

197C-27A. 1997 Enactment of Congressional Redistricting Plan 

Mh On March 31, 1997. the North Carolina General Assembly enacted a new 
congressional redistricting plan to remedy the constitutional defects in the State’s former plan 
identified by the United States Supreme Court in Shaw v. Hunt, 116 S. Ct. 1894 (1996). The new 
plan, known as 97 House/Senate Plan A, is contained in Section 2 of Chapter 11 of the General 
Assembly’s 1997 Session Laws. A copy of this legislation is included in Attachment 97C-27A-1. 

Chapter 11 contains two plans. 97 House/Senate Plan A and 97 House/Senate Plan AO. 
Plan A appears in Section 2 of Chapter 1. Plan AQ appears in Section 3 of Chapter 11. Plan A 
and Plan AQ are essentially identical except that Plan A has an overall population range from -544 
10 +947 for a total deviation of .27%. Plan AQ has an overall population range from 0 10 +1 for 
a total deviation of .00%. Only Plan A is submitted for preclearance. Plan AQ would become 
effective only in the event Plan A is declared unconstitutional on one-person, one-vote grounds. 
For a discussion of the differences between Plan A and Plan AQ, see the March 26, 1997, 
memorandum to the Senate Select Commirtee on Congressional Redistricting and the House 
Committee on Congressional Redistricting included in Attachment 97C-27A-2. 

2. Maps, including two large color maps, population data, voter registration data and 
certain election results for Plan A are included in Attachment 97C-27A-3. This Attachment also 
includes the same information for Plan AO. 

3. A diskette containing the Chapter 11 plan is included as Attachment 97C-27A-4. 

4. Access to the computer tape is available to the public by contacting Don Fulford, 
Director of the Legislative Information Systems Division, 400 Legislative Office Building, 300 
North Salisbury Street, Raleigh, North Carolina 29603-5925. Telephone (919) 733-6834. 
Technical questions should be addressed to Mr. Dan Frey of the Legislative Information Systems 
Division at the same address and phone number. 

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{97C-27B. Prior Redistricting Plans 

The redistricting plan in effect for North Carolina’s congressional elections between 1992 
and 1996 is attached as Attachment 97C-27B. 

§97C-27C. Documents Explaining the 1997 Changes to the Congressional Redistricting 
Plan 

1. Chapter 11 of the 1997 Session Laws repeals the last valid plan in effect - the plan 
that was completed in 1982. The strike-throughs in the text of Chapter 11 therefore show changes 
from the 1984 plan, not from the current plan. 

2. A chart showing the minority percentage of total population and voting age 
population in ¢ach district in the 1992 plan. and the 1997 plan is attached as Attachment 97C-27C- 
1. Also included in the chart are minority voter registration percentages for each district in the 
1992 and 1997 plans. (Note: North Carolina had 11 congressional districts in the 1980s). 

3. The changes are also discussed in other sections of this document, particularly 
{497C-27H and 97C-27N. : 

797C-27D. Persons making the submission are: 

Gary Bartlet 

Executive Secretary-Director 

State Board of Elections 
Suite 801, Raleigh Building 

Raleigh, North Carolina 27601 

Telephone: (919) 733-7173 

Gerry Cohen 

Director of Legislative Drafting 

Senate Select Commirtee on Redistricting Counsel 

Suite 401, Legislative Office Building 
300 N. Salisbury Street 

Raleigh, North Carolina 27603-5925 
Telephone: (919) 733-6660 
Fax: (919) 715-5459 
E-mail: gerryc@ms.ncga.state. nc. us 

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Linwood Jones 

House Committee on Congressional Redistricting Counsel 
Suite 545, Legislative Office Building 

300 N. Salisbury Street 

Raleigh, North Carolina 27603-5925 
Telephone: (919) 733-2578 

Fax: (919) 715-5460 

E-mail: linwoodj@ms.ncga.state.nc.us 

€97C-27E. Submitting Authority 

The submitting authority is the Executive Secretary-Director for the State Board of 
Elections for the State of North Carolina. 

€97C-27F. Submitting Body 

Not applicable. 

€97C-27G. Enacting Body 

The congressional redistricting plan is an act of the State legislature -- the North Carolina 
General Assembly. 

€97C-27H. Authority and Process for Redistricting 

The North Carolina General Assembly is authorized by 2 U.S.C. §2a and §2¢ and Article 
I. §§2 and 4 of the United States Constitution to redistrict its congressional districts. The prior 

redistricting plan was enacted by the General Assembly on January 24, 1992, and was precleared 

under Section 5 of the Voting Rights Act on February 6, 1992. The United States Supreme Court 
declared District 12 in this plan unconstitutional in Shaw v. Hunt on June 13, 1996. On remand, 

the three-judge panel in the Shaw case issued an order on July 30, 1996, permitting the use of the 

unconstitutional plan for the 1996 elections and giving the General Assembly until April 1, 1997, 
to draw a new plan. Chapter 11 was enacted In response 1o that order. A copy of the court order 

is attached as Attachment 97C-27P-2. 

The process leading to the enactment of Chapter 11 began in the North Carolina House of 

Representatives in June, 1996. The following is a chronology of events leading up to the 
enactment of the plan. The designation “AA” after a name indicates that the individual is an 
African-American. The designation “NA” after a name indicates that the individual is a Native 

American: 

June 13, 1996: United States Supreme Court declares District 12 unconstitutional in Shaw v, 
Hunz. 

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June 14, 1996: House Speaker Harold Brubaker appointed a House Select committee on 
Congressional Redistricting. The committee was chaired by Representative Robert Grady. The 
other members were as follows: Representatives Carolyn Russell, Lyons Gray, Frances 
Cummings (AA), George Holmes. Julia Howard, Theresa Esposito, Ed McMahan, Richard 
Morgan, Mary McAllister (AA), Jim Crawford, and Linwood Mercer. This Committee never 
met. 

July 8, 1996: Senator Marc Basnight. President Pro Tempore of the North Carolina Senate, 
appointed a Select Committee on Redistricting. The Committee was chaired by Senator Roy 
Cooper. The following were also appointed as members of the Committee: Senators Charles 
Albertson, Frank Ballance (AA), Patrick Ballantine, Betsy Cochrane, Richard Conder, Jim 
Forrester, Wib Gulley, David Hoyle, Don Kincaid, Bob Martin, Bill Martin (AA), Tony Rand, 
R.C. Soles, and Leslie Winner. 

July 10, 1996: The Senate Select Committee on Redistricting met to discuss the Shaw decision 
and the feasibility of adopting new congressional districts in time for the 1996 general election. 
The Committee heard from Mr. Gary Bartlett, Executive Director of the North Carolina State 
Board of Elections, on the requirements for a shortened filing and primary election schedule. 
Senator Cooper wrote a letter to North Carolina Attorney General Michael Easley outlining the 
Senate's position and requesting that Atorney General Easley inform the three-judge federal panel 
that it was impracticable to adopt new congressional districts in time for the 1996 general election. 
The letter 1s attached as Attachment 97C-28F-4B(2). 

July 17, 1996: The House Committee on Rules. Calendar. and Operations of the House released 
a redistricting plan (Congress-96-001) to the public. The plan is attached as Anmachment 97C-27R- 
1. The House Committee on Rules, Calendar, and Operations of the House was chaired by 
Representative Richard Morgan. Its other members were as follows: Representatives Arlene 
Pulley, Jim Crawford, Jim Black, Joanne Bowie, Jerry Dockham, Theresa Esposito, Ed 
McMahan, Chuck Neely, and George Robinson. The redistricting plan was submitted by 
Representative Morgan to the Comminiee for its review, with instructions that the plan would pot 
be voted on at that meeting. Representative Morgan read a statement to the Committee about the 
plan that is attached as Attachment 97C-28F-4A and announced that there would be a public 
hearing the following week on redistricting. 

July 19, 1996: The three judge panel issued an order asking for the opinions of Speaker Brubaker 
and Senate President Pro Tempore Basnight on the likelihood that the General Assembly would 
be able to draw a plan in time for the 1996 elections. The House was at the time and remains 
under the control of Republicans. The Senate was at that time and remains under the control of 
Democrats. The North Carolina congressional delegation, elected in 1994, was divided as 

follows: 8 Republicans and 4 Democrats. Senator Cooper, acting on behalf of Senate President 
Pro Tempore Basnight, submitted an affidavit to the Anorney General that was filed with the 
Court. Senator Cooper stated in his affidavit that a new plan could not reasonably be enacted for 
the 1996 elections. Representative Morgan, acting on behalf of House Speaker Harold Brubaker, 

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submitted an affidavit to the Attorney General that was filed with the Court. Representative 

Morgan stated in his affidavit that it would be practical to redraw legislative districts in time for 
the 1990 elecuons. Senator Cooper’s and Representative Morgan's affidavits are amached as 
Attachments 97C-285-4B(2) and 97C-28F-4B(1), respectively. 

July 24, 1996: The House Committee on Rules, Calendar, and Operations of the House 
conducted a public hearing in Raleigh on July 24, 1996, to hear the views of interested parties on 
redistricting generally and on the plan released by the Committee the week before. A copy of 

the notice of this public hearing, which was published in legal ads throughout the State, diswibuted 
to the media through the media service “Xpedite,” and mailed to a list of minority contacts is 
attached as Auachment 97C-28F-2A. The list of the media organizations contacted bv Xpedite 
1s attached as Attachment 97C-28F-4]. The list of minority contacts is attached as Amachment 

97C-28H. The transcript of the hearing and sign-in sheets are attached as Amachment 97C-28F- 
3A. This Atachment includes exhibits submitted by the speakers at the public hearing. 

July 30, 1996: The three judge panel issued an order allowing the 1996 elections to proceed 

under the unconstitutional plan and giving the North Carolina General Assembly unul April 1, 
1997, to submit a revised congressional redistricting plan to the court for its approval. The order 
is amached as Artachment 97C-27H-1. The General Assembly adjourned its 1999-96 session on 
August 3, 1996. 

January 29, 1997: The North Carolina General Assembly convened its 1997-98 session on 
January 29, 1997. Speaker Harold Brubaker appointed a new House Committee on Congressional 
Redistricting. The Commitee was chaired by Representative Ed McMahan. The following were 
named as members of the Committee: Representatives Dewey Hill, Gene Arnold, Cherie Berry, 

Dan Blue (AA), Joanne Bowie. Walter Church, Jim Crawford, Arlie Culp, Don Davis, Theresa 

Esposito, Toby Fitch (AA), Robert Grady, Lyons Gray, Thomas Hardaway (AA), George 

Holmes, Robert Hunter, Larry Justus, Joe Kiser, Mary McAllister (AA), Richard Morgan, 

Warren Oldham (AA), Carolyn Russell, Edgar Starnes, and Ronnie Sutton (NA). 

Senator Basnight reauthorized the Senate Select Committee on Redistricting. The same 
members appointed to the first comynittee were appointed to this committee (See July 8, 1996 

entry for the names). Senator Hugh Webster was also added as a member. 

February 12, 1997: The House Commitiee on Congressional Redistricting held its initial 
meeting, at which time Mr. Edwin M. Speas, Senior Deputy Attorney General, briefed the 

Committee on the Shaw litigation. Mr. Speas and Linwood Jones, Committee Counsel, answered 

questions of the Committee members. The transcript of this meeting is contained in Attachment 

97C-28F-4E(1). 

February 20, 1997: The Senate Select Committee on Redistricting met and Senator Cooper 

presented a congressional redistricting plan (1997 Congressional Plan A) to the Commitice. This 
plan is attached as Attachment 97C-27R-2. Senator Cooper announced that no vote would be 

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taken on the plan so that the public could comment on the plan at the public hearing scheduled for 

the following week. The transcript of that meeting is attached as Attachment 97C-28F-4D(2). 

February 25, 1997: The House Committee on Congressional Redistricting met. Representative 

McMahan presented a plan to the Committee that had been drawn in response to the Senate plan. 

This plan, 1997 House Congressional Plan A.l, is attached as Attachment 97C-27R-3. 
Representative McMahan announced that no vote would be taken on the plan so that the public 

could comment on the plan at the public hearing scheduled for the following week. The 
transcript of that meeting is contained in Attachment 97C-28F-4E(2). 

February 26, 1997: The joint public hearing was held in the Legislative Auditorium in Raleigh. 

on February 26, 1997. The transcript of the public hearing and the sign-in sheets are attached as 
Attachment 97C-28F-3B. Exhibits submitted by the speakers at the public hearing are included 
as Amachment 97C-28F-3B Ex. See July 24, 1996 entry for the distribution of the notice of the 

hearing. 

February 27 - March 18, 1997: Senator Cooper and Representative McMahan met to anempt 
to resolve the differences between the House version of the plan and the Senate version of the plan 
and submitted numerous maps 10 each other during a four-week period of negotiations. During 

most of the negotiation period, the primary point of contention was how Wake County would be 
divided between proposed Districts 2 and 4. With one exception, none of these plans containing 

offers and counter-offers were released to the committees or made public. The exception is 97 
House Congressional Plan G, discussed below. However, all of these plans are discussed tn 97C- 
27R and are included in Attachment 97C-27R-12. 

Senator Cooper and Representative McMahan were uncertain if they could resolve their 

differences regarding Wake County before the Court's April 1 deadline. They each called for 

meetings of their respective committees to take up their own plans. Senator Cooper introduced 

Senate Bill 433, containing 1997 Congressional Plan A, the same plan Senator Cooper had 
presented to the Committee weeks earlier. The bill was referred to the Senate Select Committee 

on Redistricting. 

March 19, 1997: The Senate Select Committee on Redistricting met. Senator Cooper presented 
Senate Bill 433, containing 1997 Congressional Plan A. See Attachment 97C-27R-2. Senator 

Betsy Cochrane presented an amendment that would substitute her plan, “Congress Cochrane,” 

for the plan offered by Senator Cooper. Senator Cochrane’s plan is attached as Attachment 97C- 
27R-11. The Commitee approved the plan presented by Senator Cooper. The transcript of this 

meeting is attached as Attachment 97C-28F-4D(3). 

The House Committee on Congressional Redistricting also met on March 19, 1997. 

Representative McMahan presented a new plan to the Commitee: 97 House Congress Plan G. 

See Attachment 97C-27R-4. Plan G was one of the more recent compromise proposals from 

Representative McMahan to Senator Cooper. Because House rules allow House commitiees to 

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introduce bills, the passage of Plan G from committee in effect constituted approval to file a bill 
for introduction containing Plan G. The transcript of this committee meeting is attached as 
Anachment 97C-28F-4E(3). 

March 24, 1997: Representative McMahan filed the bill containing Plan G on behalf of the 
Committee. The bill was given a number — House Bill 586 -- and was referred back to the House 

Comminee on Congressional Redistricting. Afterwards, Senator Cooper and Representative 
McMahan announced to their committees that negotiations would continue and that they still 

thought the differences could be resolved before the deadline. Senator Cooper and Representative 
McMahan agreed on a plan that they would each submit to their respective commirtees and 
chambers. 

March 25, 1997: The plan agreed to, 97 HOUSE/SENATE PLAN (and its contingent backup 
plan, 97 HOUSE/SENATE PLAN 0), was presented 10 the House Congressional Redistricting 

Committee. Representative Dan Blue offered an alternative plan for the purpose of changing the 
proposed District 4 back to approximately its current location. The amendment was defeated by 

the Committee. Representative Ronnie Sutton (Native American) offered an amendment involving 
Robeson and Cumberland Counties that was also defeated by the Committee because he did not 
have statistical data showing the effect of hus amendment on the population of the districts at thc 
time. The Committee passed 97 HOUSE/SENATE PLAN as a proposed committee substitute 
for House Bill 586. The transcript of this meeting is attached as Attachment 97C-28F-4E(4). 

March 26, 1997: House Bill 586 was reported to the House floor and was calendared for debate. 

Representative McMahan presented an overview of the plan to the House. Representative Ronnie 

Sutton offered an amendment to move a predominantly Native American precinct in Robeson 

County from District & to District 7, where nearly all of the other predominantly Native American 
precincts were located. Representative McMahan had already announced in earlier remarks that 

he and Senator Cooper supported the Sutton amendment. The amendment passed by a vote of 

117-0. Representative Mickey Michaux of Durham offered three successive amendments. These 
amendments represented, respectively, plans known as Fitch Michaux Plan A, Fitch/Michaux Plan 

B, and Fitch/Michaux Plan C. These amendments are discussed in more detail at 97C-27R and 

they are attached as Auachments 97C-27R-8, -9, and -10. 

The committee substitute for House Bill 586 was passed, with the Sutton amendment, by 
a vote of 87 to 30. Of the 18 members of the House who are minorities, 5 African-American 

members and 1 Native American member voted for the bill and 12 African-American members 
voted against it. The bill was sent to the Senate. A transcript of the House floor debate is 

attached as Attachment 97C-28F-4F(1). (The House does not record its debates. The transcript 

was prepared from a recording of the entire floor debate by the University of North Carolina 
Public Television). The relevant portions of the House Journal are included as Attachment 97C- 

28F-4G(1). The record of the votes is attached as Attachment 97C-28F-4H. 

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March 27, 1997: The Senate Select Committee on Redistricting met to discuss House Bill 586 

as it came from the House. The Committee voted for the bill. No amendments were offered 
during the committee meeting. See Attachment 97C-28F-4D(4) for the transcript of this meeting. 

The bill was considered on the floor of the Senate the same afternoon. Senator Cochrane 

presented an amendment containing the same plan that she had presented and that had been 
defeated in the Senate Committee. (See entry above under Match 19, 1997). The amendment 

was defeated on the floor by a vote of 27 to 18. No other amendments were offered to House Bill 
586. The bill passed by a vote of 32 to 14. All 7 African-American Senators voted for the bill. 
A transcript of the Senate floor debate is attached as Artachment 97C-28F4F. The relevant 

portions of the Senate Journal are included as Attachment 97C-28F-4G(2). The record of the vote 

is attached as Attachment 97C-28F-4H. 

March 31, 1997: House Bill 586 was ratified as Chapter 11 of the 1997 Session Laws. 

April 1, 1997: The Anorney General filed the redistricting plan with the three-judge panel. The 
Attorney General also filed a motion requesting that the court delay ruling on the plan until the 
State had received a response from the United States Department of Justice under Section 5 of the 
Voting Rights Act. The Court was informed in this motion that the State would seek expedited 
consideration of this preclearance request. 

€97C-271. Adoption Date 

The enactment of the congressional redistricting plan, Chapter 11 of the 1997 Session 
Laws (House Bill 586), was effective when ratified on March 31, 1997. 

€97C-27). Implementation Date 

The congressional redistricting plan will take effect in the elections beginning in 1998. 
The times for the holding of primary and regular elections are contained in N.C. GEN. STAT. 
§163-1. The time for filing notice of candidacy is contained in N.C. GEN. STAT. §163-106. 

Copies of these states are included as Attachments 97C-27J-1 and 97C-27]-2. 

{97C-27K. Enforcement 

The changes in the congressional redistricting plan enacted March 31, 1997, have not yet 

been enforced or administered. The plan has now been submitted to the three-judge panel for 

approval in accordance with its July 30, 1996 Order (see {97C-27M below). 

§97C-27L.. Scope 

Not applicable. 

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1992 congressional general election Attachment 97C-28D-2 
1994 congressional primary elections Attachment 97C-28D-3 
1994 congressional general election Attachment 97C-28D-4 
1996 congressional primary elections ~ Antachment 97C-28D-3 
1996 congressional general election Attachment 97C-28D-6 

197C-28E. Language usage 

Not applicable. 

§97C-28F. Publicity and Participation Relating to Congressional Redistricting Plans 

1. An index of articles from major North Carolina newspapers is included as Attachment 
97C-28F-1. These articles cover two different periods with respect to the North Carolina General 
Assembly’s involvement with redistricting: (1) the summer of 1996, when Shaw was decided and 
the legislature considered the feasibility of drawing new districts at that time and (2) the period since 
the reconvening of the legislature in late January, 1997. 

2 Copies of notices for the two public hearings are included as Attachment 97C-28F. 
The first public hearing was held July 24, 1996, by the House Committee on Rules, Calendar, and 

Operations of the House. The notice of this hearing, including legal ads published in major 
newspapers throughout the State, are included at Attachment 97C-28F-2A. 

The second hearing was a joint public hearing of the House and Senate redistricting 
commirees on February 26, 1997. The notice of this hearing. including legal ads published in major 
newspapers throughout the State, are included ar Attachment 97C-28F-2B. 

A list of newspapers in which the hearing notices were published is included as Attachment 
97C-28F-4]. 

- 

3. Copies of the transcripts of both public hearings and exhibits by speakers are 
included. The 1996 public hearing transcript is included as Attachment 97C-28F-3A. The 1997 
public hearing transcript is included as Attachment 97C-28F-3B. Speaker and visitor registration 
sheets for the hearings are included. 

4. The following statements, speeches, and minutes concerning the redistricting process 

are included: 

(a) Statement of Representative Richard Morgan, Chair of the House Committee on 

Rules, Calendar, and Operations of the House, to that Committee on July 16, 1996, concerning a 

proposed redistricting plan “Congress-96-001." (Attachment 97C-28F 4A). 

(b) Affidavits of Senator Cooper and Representative Richard Morgan to the federal 
district court on behalf of Senate President Pro Tempore Marc Basnight and House Speaker Harold 

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Brubaker, respectively, on the issue of whether redistricting could be accomplished in time for the 
1996 elections. (Attachment 97C-28F-4B). 

(¢) Letter from Senator Roy Cooper, Chairman of the Senate Select Committee on 
Redistricting, 10 Attomey General Mike Easley stating the position of Senate leadership that 
redistricting could not be accomplished prior to the 1996 elections. (Attachment 97C-28F-4C). 

(d) Minutes and notices of the Senate Select Committe on Redistricting: 

July 10, 1996 meeting Attachment 97C-28F-4D(1) 

February 20, 1997 meeting Attachment 97C-28F-4D(2) 
March 19, 1997 meeting Attachment 97C-28F-4D(3) 

March 27, 1997 meeting Attachment 97C-28F-4D(4) 

(¢) Minutes of the House Committee on Congressional Redistricting 

February 12, 1997 meeting Attachment 97C-28F-4E(1) 
February 25, 1997 meeting Attachment 97C-28F-4E(2) 

March 19, 1997 meeting Attachment 97C-28F-4E(3) 

March 23, 1997 meeting Attachment 97C-28F-4E(4) 

(f) Transcript of the House floor debate Attachment 97C-28F-4F(1) 

Transcript of the Senate floor debate Attachment 97C-28F-4F(2) 

(¢) House Journal Excerpt Attachment 97C-28F-+G(1) 

Senate Journal Excerpt Attachment 97C-28F<4G(2) 

(h) Recorded voies Attachment 97C-28F-4H 

(i) Correspondence 

Senator Cooper Attachment 97C-28F-4I(1) 
Rep. McMahan Attachment 97C-28F-41(2) 

(J) Medalist Attachment 97C-28F-4]) 

€97C-28G. Availability of Submission 

1. A copy of the public notice that will be published announcing the submission to the 
United States Attorney General of the materials required by 28 C.F.R. Part 51, informing the 

public that a complete duplicate copy of the submission is available for public inspection at the 
Legislative Office Building, Raleigh, North Carolina, and inviting comments to be addressed to 
the United States Attorney General is Attachment 97C-28G-1. 

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2 The publication list for the public notice of the submission is Attachment 97C-28G- 
2(a) and the distribution list for the public notice is Attachment 97C-28G-2(b). 

€97C-28H. Minority Group Contacts 

A list of minority contacts is maintained by the legislature for redistricting. The individuals 
and organizations on the list were contacted about public hearings on redistricting by mailing a copy 

of the notice of the hearing. The minonty contact list is attached as Attachment 97C-28H-1. 

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997C-27M. Reason for Change 

North Carolina’s twelve congressional districts were redrawn to remedy a redistricting plan 
containing a district (District 12) that was declared unconstitutional by the United States Supreme 

Court in Shaw v. Hunt. 

997C-27N. Effect of Change on Minority Voters 

The General Assembly’s primary goal in redrawing the plan was to remedy the 
constitutional defects in the former plan. Those defects were the predominance of race in the 
location and shape of District 12, and perhaps in the location and shape of District 1, and a failure 

of narrow tailoring. This goal was accomplished by emphasizing the following factors in locating 

and shaping the new districts: (1) avoidance of the division of counties and precincts; (2) 
avoidance of long narrow corridors connecting concentrations of minority citizens; (3) geographic 

compactness; (4) functional compactness (grouping together citizens of like interests and needs): 

and (5) ease of communication among vorers and their representatives. Emphasis on these factors 
accomplished this goal. For example: (1) the unconstitutional plan divided 44 counties while 

the new plan divides only 22 counties; (2) the unconstimutional plan divided 6 counties among 3 
districts while the new plan does not divide any county among 3 districts; (3) the unconstitutional 

plan divided 80 precincts while the new plan only divides 2 precincts; (4) the unconstinutional plan 

used “cross-overs,” “double cross-overs” and “points of contiguity” to create contiguous districts 
while the new plan uses none of these devices; (5) District 12 in the unconstitutional plan was 191 

miles long (in “traveling distance”) while District 12 in the new plan is only 102 miles long; and 

(6) District | in the unconstitutional plan was 225 miles long while District 1 in the new plan is 

only 171 miles long. In addition, the new plan makes new District 12 a highly urban district by 

joining together citizens in the City of Charlotte and the cities of the Piedmont Triad (Greensboro, 
Winston-Salem and High Point). Conversely, new District 1 is a distinctively rural district 

formed from the largely agrarian and economically depressed northeastern counties. 

The General Assembly’s other primary goal was to preserve the 6-6 partisan balance in 

the State’s current congressional delegation. This balance reflects the existing balance between 

Democrats and Republicans in the State. The State House of Representatives is presently 
controlled by Republicans; the State Senate is presently controlled by Democrats; and most 

statewide elections are decided by narrow margins. It was clear from the beginning that the only 
plan the Senate and House would be able to agree on was one that preserved the existing 6-6 

balance in the congressional delegation. At the same time, the chairmen of the Senate and House 

redistricting cornmittees felt strongly that the legislature had a constitutional duty to draw a plan 

for the three-judge panel to review, rather than leave that task to the court. For these reasons, 

preservation of the existing partisan balance became a driving force in locating and shaping the 

districts. 

These primary goals were accomplished while still providing minority voters a fair 

opportunity to elect representatives of their choice in at least two districts (Districts 1 and 12). 

9 

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Data and expert studies before the General Assembly provided a strong basis in evidence for the 
conclusion that the Gingles factors are present in the area generally encompassed by new District 

1. See Arachment 97C-28F-3B and 97C-28F-3B Ex. Based on this evidence, legislative leaders 
concluded that avoidance of potential liability under Section 2 of the Voting Rights Act probably 

required the creation of a majority-minority district in that area. Accordingly, 50.27% of the total 
population within the District is African-American and 46.54% of the voting age population is 
African-American, based on 1990 census data. In addition, 1997 population projections indicate 
that the percentage of African-Americans and the percentage of African-American registered to 
vote are slightly higher in District 1 today than in 1990. See Attachment 97C-28A-2. These 
percentages plus the “cross-over” voters within the District (20 to 25%) provide African- 

American citizens in District 1 a reasonable opportunity to elect a candidate of their choice. This 

opportunity is almost certainly enhanced for the life of this plan (the 1998 and 2000 elections ) 
by the incumbency of Eva Clayton. Congresswoman Clayton was elected from old District 1 in 

1992, 1994 and 1996 with percentages of 67.0%, 61.0% and 65.9%, respectively, even though 
African-Americans constituted only 53% of the District’s voting age population and 50.5% of the 
District’s registered voters. 

The General Assembly did not have sufficient evidence to conclude. and believes that 
sufficient evidence does not exist to conclude, that Gingles factors exist in any other area of the 

State so as likely to require the creation of a second majority-minority district. In Shaw the 

Supreme Court specifically rejected the State’s argument that it had a compelling interest in 
creating a majoritv-minority district in the area encompassed by old District 12. Likewise, the 

General Assembly specifically rejected the creation of a second majority-minoriry district in the 
area eastward of Charlotte to Cumberland and Robeson Counties, as proposed for example by 

Senator Cochrane. Creation of any district in that area would artificially group together citizens 

with disparate and diverging economic, social and culmral interests and needs. It would sandwich 
rural voters between urban voters in the State's banking and commercial center at one end of the 

district and voters residing on and around Fort Bragg and Pope Air Force Base at the other end 
of the district. Such a district would also rely on uncertain coalitions between African-American 

and Native-American voters for its “majority-minority” status, Significantly, it would have 

thwarted the goal of maintaining partisan balance. Under these circumstances, voters could not 
obtain effective representation, or be effectively represented. Moreover, under these 

circumstances, race would have become the predominate factor, to the exclusion of the State’s 
redistricting criteria, in the creation of a district which would bear an uncomfortable resemblance 
to Georgia’s District 11 declared unconstitutional in Miller v. Johnson. 

Nevertheless, District 12 in the State’s plan also provides the candidate of choice of 
African-American citizens a fair opportunity to win election. Though not a majority-minority 
district, the candidate of choice of the minority community within the District will have a fair and 
reasonable opportunity to win election based on a combination of minority and non-minerity 
votes. Congressman Mel Wart was elected from old District 12 in 1992, 1994 and 1996 with 

percentages of 70.4%, 65.8% and 71.5%, respectively. (African-American citizens constituted 
53% of the voting age population and 53.5% of the registered voters of old District 12) 

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Consistent with the General Assembly's primary goal to preserve the existing partisan balance in 
Congress, new District 12 contains a substantial portion of the core of the urban population of old 

District 12 and a substantial percentage of voters with an affinity for Democrat candidates, 

regardless of their race. Those factors, together with the significant African-American population 

in the District (46.67% total population and 43.36% voting age population) provide a fair 
opportunity for incumbent Congressman Wart to win election. 

€97C-270. Litigation relating to Redistricting in North Carolina: 

14 Litigation relating to 1990s congressional districts: 

(a) Pope v. Blue, 809 F. Supp. 382 (WDNO), aff'd. 113 §. Ct. 30 (1992). 

February 20, 1992 (suit filed claiming 1992 congressional plan was an 
unconstinutional political gerrymander); March 9, 1992 (three-judge court 

dismisses suit); October 5, 1992 (Supreme Court affirms three-judge court). 

(b) Shaw v. Hunt, 116 S. Ct. 1894 (1996). July 1, 1991 (General Assembly 

enacts plan containing one majority-minority district in northeastern counties): 

December 18, 1991 (USDOIJ refuses to preclear plan on grounds that second 
majority -minority district can be drawn); January 24, 1992 (General Assembly 

enacts plan containing two majority-minority districts, Districts 1 and 12); March 
12, 1992 (sunt filed claiming Districts 1 and 12 are unconstitutional racial 
gerrymanders); April 27, 1992 (three-judge court grants defendant motion 0 
dismiss): June 28, 1993 (Supreme Court reverses and remands): August 27, 1996 

(three-judge court enters judgement for defendants following two week trial); June 

13, 1996 (Supreme Court reverses, declares District 12 unconstitutional but 
disrusses challenge to District 1 on standing grounds); July 30, 1996 (three-judge 
court allows 1996 elections to proceed, gives General Assembly until April 1, 1997 

to enact new plan and submit for court’s approval); April 1, 1997 (new plan 

submitted to three-judge court). 

= (c) Daly v. State Board of Elections, No. 5-96-CV-88-V (WDNC). January 
27, 1997 (complaint served claiming several districts in 1992 congressional 
redistricting plan and several State House and Senate districts in the existing plans 

are unconstitutional racial gerrymanders); March 21, 1997 (defendants answer and 

move to dismiss or transfer for improper venue) 

(d) Cromartie v. Hunt, No 4-96-CV-104 (EDNC). July 3, 1996 (complaint 

filed challenging District 1 in 1992 congressional plan); September 4, 1996 (order 

entered staying all proceedings pending completion of Shaw v. Hunt remedial 

phase). 

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2 Other redistricting litigation: 

(a) Thornburgh v. Gingles, 478 U.S. 30 (1986) (Section 2 litigation concerning 
legislative districts). 

(b)  Drumv. Sewell, 245 F. Supp. 877 (MDNC), aff'd. 383 U.S. 831 (1966) (one- 
person, one-vote challenge to congressional districts). 

€97C-27P, Preclearance of Prior Plan 

The prior congressional redistricting plan was precleared on February 6, 1992 (see 
Attachment 97C-27P-1). The authority of the North Carolina General Assembly to redistrict its 
congressional districts is contained in 2 U.S.C. §2a and §2c, Armicle I, §§2 and 4 of the U.S. 
Constitution, and the July 30, 1996, order by the three-judge court in Shaw v. Hunt. See Attachment 
97C-27P-2. 

€197C-27Q. Information Required for Redistricting 

Information required for redistricting and specified under 28 C.F.R. §§51.28(a)(1) and (b)(1) 

is located is Attachments 97C-28A and 97C-28B. 

q97C-27R. Other Material Concerning the Purpose of the Plan 

Nearly 200 congressional redistricting plans have been drawn by legislative staff, interest 
groups, and the public using the North Carolina General Assembly’s redistricting computers since 

January 1, 1996. There were a few exploratory plans drawn by the legislative staff in the fall of 1993 
after the United States Supreme Court overnuned Georgia's congressional redistricting plan. Some 

plans were never completed and some are duplicates of others. Plans that were actually presented 
during the legislative process as alternatives are discussed below and most are also discussed in 997- 
271: 

1. Plans Publicly released by the House and/or Senate 

(a) Congress-96-001: This plan was released by Representative Richard Morgan to the 
House Rules Committee in July, 1996. The plan was never voted on by the Committee. See §97C- 
27H and Attachment 97C-27R-1. The plan contained a district from Charlotte to Robeson County 
similar to the district contained in the plan offered by Senator Betsy Cochrane as an amendment to 
1997 Congressional Plan A and to the plan eventually enacted. (See Attachment 97C-27R-11 for 
the plan proposed by Senator Cochrane). Representative Morgan’s primary goal in releasing the 

plan at that time was to establish that a redistricting plan could be drawn in time for the 1996 
elections. That plan was never considered by the General Assembly after the public hearing. 

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(b) 1997 Congressional Plan A: This was the first plan released by Senator Cooper to 

the Senate Select Committee on Redistricting on February 20, 1997. The plan was approved by the 
Committee on March 19, 1997 as Senate Bill 453, but was withheld from a vote on the Senate floor 

as negotiations between the House and Senate continued on a compromise plan. This plan is 
contained in 3 different forms in Attachment 97C-27R-2: as released on February 20; as re-released. 

on February 24 with a contingent zero-deviation plan; and as released again on March 18 as Senate 

Bill 433. 

(c) 1997 House Congressional Plan A.l: This was the first plan released by 

Representative McMahan to the House Committee on Congressional Redistricting. It was presented 
at the February 25, 1997 meeting of the committee. The plan was never voted on by the comminee. 
See Attachment 97C-27R-3. 

(d) 07 House Congress Plan G: This plan was submitted to the House Committee on 

Congressional Redistricting on March 19. 1997. The Committee approved it and had it introduced 

as a committee bil} (House Bill 586). The bill was sent back to Committee. (See Attachment 97C- 
27R-4). 

(e) 97 HOUSE/SENATE PLAN: This plan represented the plan agreed to by the House 
and the Senate. The plan was approved by the House Committee on Congressional Redistricting 
on March 25, 1997. The plan was amended on the floor of the House by Rep. Ronnie Sutton, and 
the amended version was sent to the Senate as 37 HOUSE/SENATE PLAN A. See §97C-27H for 

a discussion of the Sutton amendment. See Attachment 57C-27R-3 for this plan. 

2. House Committee Amendments 

(a) Blue Amendment: Representative Dan Blue offered an amendment that was designed 
primarily to preserve the 4th district essentially in its 1992 form instead of having it divided between 

the 2nd and 4th district. The amendment was rejected. See Attachment 97C-27R-6. 

(b) Sutton amendment: Representative Ronnie Sutton of Robeson County offered an 

amendment to shift a predominantly Native American precinct in Robeson County from District 8 

back to District 7 and to “make up the population difference” in Cumberland County. 
Representative Sutton did not identify which precincts in Cumberland County should be moved to 
account for this change. Counsel to the Committee suggested that he make this change as a floor 

amendment to the bill so that the appropriate precincts could be identified and the population data 

recalculated on the computer. For purposes of the proposed back-up plan containing zero 
population deviation (97 HOUSE/SENATE PLAN 0), census blocks within a precinct would also 
have to be identified and moved and the population figures recalculated to ensure that there was still 

zero population deviation in Districts 7 and 8. Representative Sutton’s amendment was defeated in 

committee. (Note: Representative Sutton offered an amendment on the floor the following day, 

complete with a statistical analysis. See below). 

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3. House Floor Amendments 

(a) Representative Sutton offered an amendment on second reading of the bill, complete 
with statistical analysis, to both the primary plan and the alternate zero deviation plan. His 
amendment moved a predominantly Native American precinct from District 8 to District 7, moved 
Fort Bragg from District 7 to District 8, and changed westem Cumberland County and western 
Favetteville to offset the population difference in District 7 created by the transfer of Fort Bragg. 
This amendment passed 117-0. See Attachment 97C-27R-7. The recorded vote is attached as 
Attachment 97C-28F-4H. 

(b) Representative Mickey Michaux offered the following three related amendments to 
House Bill 586 on second reading of the bill: 

(1)  Fitch/Michaux Plan A (See Attachment 97C-27R-8) 

(2) Fitch/Michaux Plan B (See Attachment 87C-27R-9) 

— 
(3) Fitch/Michaux Plan C (See Attachment 97C-27R-10) 

Representative Michaux announced that the purpose of his amendments was to maximize 
the minority vote by creating more minority influence districts. See House floor debate, Attachment 
97C-28F-4F(1), pp. 9-10. 

Each of these amendments contained a northeastern majority-minority district (District 1) 
comparable 10 the proposed District | in House Bill 586. The percentage of African American 
population (total population) of District 1 in all three Fitch/Michaux plans was 50.23%. (It is 
50.27% in the enacted plan). Each of the amendments also contained a new District 3 running from 
Durham to Greensboro and a District 12 running from Charlotte to Winston-Salem. In Plan A. 
District 5 runs from Granville County through Durham into Greensboro. In Plans B and C, District 
3 runs from Durham to Greensboro and then to High Point. The amendments also had variations 

in District 7. In Plan B, Robeson County is in District 8. In Plan C, Robeson County is in District 
2 

The percentage of African American and Native American population, based on 1990 census 
data, for Districts 1, 5, 7, and 12 in the Fitch/Michaux Plans were as follows. (Note: for District 7, 

the first number is African American population percentage; the second number is Native American 

population percentage. For the other districts, the number is African American population 
percentage): 

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District | District § District 7 Distnict 12 

Plan A: 50.23 33.88 29.62/8.61 37.44 

Plan B: | 50.23 34.4] 52.17/1.39 37.66 

Plan C; 50.23 34.41 30.02/8.55 37.66 

All three amendments were voted on in the House and defeated bv the following margins: 

Plan A (90 10 27); Plan B (90 to 26); Plan C (87 to 30). The recorded votes on these amendments 
are attached as Attachment 97C-28F-4H. 

Representative Michaux’s amendments were rejected because they did not preserve the 

partisan balance in House Bill 386 nor did they preserve the cores of the existing districts in the 
Piedmont. Plan B would have placed two Democratic incumbents in the same district: 

Congressman Mcintyre from Robeson County and Congressman Hefner from Cabarrus County. 
All three plans (A. B. and C) would have placed two Republican incumbents together in District 6: 

Congressman Burr and Congressman Coble. - 

In addition. all three plans would seriously weaken the ability of the African-American 
incumbent in District 12 (Congressman Watt) to win re-election. The African-American percentage 

in District 12 is only 37.66 percent in Plans B and C and 37.44 percent in Plan A --- approximately 

nine percent lower than the African-American percentage of District 12 in the enacted plan 
(46.67%). 

The three Fitch/Michaux plans also reduce the percentage of African Americans in Districts 
2. 3. 4 and 8 as compared 10 the enacted plan, as shown below: 

Dist. 2 Dist. 3 Dist. 4 Dist. 

Enacted plan 2791 15.79 21.02 21.73 
Fitch/Michaux A 23.62 18.82 19.55 18.62 

Fitch/Michaux B 23.71 16.77 18.93 20.90% 

Fitch/Michaux C B37 16.77 18.93 23.06 

*Thus plan (B) also includes a Native American population of 8.64% in District 8. 

4. Plans Offered in Senate Committee 

Senator Betsy Cochrane offered an alternative plan, Cochrane Congress (Attachment 97C- 
27R-11), at the March 19, 1997 meeting of the Senate Committee. This plan was offered as an 

alternative to the plan offered by Senator Cooper (1997 Congressional Plan A). Senator Cochrane's 
plan was rejected by the Committee. See the minutes from the Senate Committee meeting for that 

15 

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day in Attachment 97C-28F-4D(3) and £97C-27N for extensive discussion on Senator Cochrane's 
plan and why it was not accepted. 

5. Plans Offered on Senate Floor 

Senator Cochrane offered her plan again. See the discussion above. The plan was defeatad 
by a vote of 27 to 18. See Attachment 97C-28F4H for the recorded vote on the amendment. 

6. Plans Discussed in Negotiations 

Senator Cooper and Representative McMahan were involved in negotiations with each other 
for nearly three weeks in an effort to develop a plan that both the House and the Senate could agree 
to. These negotiations centered primarily on the division of Wake County between the 2nd and 41h 
districts. 

Several proposed plans were exchanged during this time. The plans constituted a series of 
offers and counteroffers that gradually moved the Senate and House closer together. This series of 
changes can best be understood in light of the original plans released by both sides (1997 
Congressional Plan A in the Senate and 1997 House Congressional Plan A.1 in the House) and how 
those plans came about. 

In developing the Senate's initial plan as well as subsequent plans, Senator Cooper consulted 
with members of the congressional delegation and members of the Senate, particularly Senator Frank 
Ballance, Senator Leslie Winner, Senator Bill Martin, and Senator Marc Basnight. Senator Ballance. 
an African-American and the Deputy President Pro Tempore of the Senate. was consulted about the 
placement of counties in the northeastern part of the state -- the area in which he resides (Warren 
County) -- including the location of the boundaries of the new 1st district. Senator Winner, counsel 

for the plaintiffs in the Gingles litigation in the early 1980s and a resident of Charlotte, was 

consulted about the composition of the 12th district, which includes much of Charlotte. Senator 

Martin, an African-American representing much of Greensboro and Guilford County, was consulted 

both as to statewide plan issues and the placement of parts of High Point and Greensboro in the 12th 
district. Senator Basnight, President Pro Tempore of the Senate, was consulted on the plan generally 
and on the placement of counties in the northeast. Senator Basnight also resides in the northeast 

(Dare County). Senators Basnight and Ballance together represent most of northeastern North 
Carolina. 

The initial Senate plan was perceived by many Republicans as treating incumbent Republican 

congressman Walter Jones (3rd District) unfairly (see, for example, the comments of Representative 

McMahan to the House Redistricting Committee on February 25, 1997 at Attachment 97C-28F- 
4E(2)). The House Republicans felt that the 3rd district was perhaps their most critical district and 
that the Senate’s proposal, especially in the 3rd district, threatened the 6-6 partisan balance. Rep. 
McMahan responded by releasing a plan (1997 House Congressional Plan A.1) that in many respects 
resembled the Senate plan. However, Rep. McMahan’s plan also addressed the concerns about the 

3rd district and created other intentional differences between the two plans to use as “bargaining 

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chips” in negotiating pnmarily on three districts -- the 2nd, the 3rd, and the 4th. Representative 

McMahan also consulted with numerous individuals, including African-American and other 
members of the House and Democratic and Republican members of the North Carolina 

congressional delegation. 

Although the boundaries of the 1st District were affected by changes in the 2nd, 3rd, and 4th 

districts, these changes did not significantly affect the percentage of African-Americans in the 1st 
District. This percentage fluctuated about two-tenths of one percent as a result of this series of 
changes. The enacted 1st district is similar to the 1st district that was originally proposed by Senator 

Cooper after consultation with Senators Ballance and Basnight. As enacted, it includes more of the 
territory of the existing lst district than the original House plan, thus keeping more of 

Congresswoman Clayton’s current constituency intact in the district. At the same time, the counties 
in the coastal/ Tidewater region (Chowan, Pasquotank, Perquimans, Currituck, and Tyrrell) are able 

to remain together with the coastal counties with whom they share economic and other interests. 

Differences between the House and Senate plans in the 12th district were resolved quickly. 
The House agreed to include Winston-Salem in the 12th district in one of its first counter-offers to 

the Senate, recognizing that it was the only major city in the Triad area not included in the urban- 
based 12th district. - 

Afier the 3rd district and 12th dismicrt were resolved, the negotiations focused on the dividing 
line in Wake County between the 2nd and 4th districts. The Senate considered that many of the 

House plans for the 2nd district were not consistent with the goal of keeping a partisan balance and 

the House felt that the 2nd district in the Senare plans did not reflect the parusan makeup of the prior 

2nd district. This issue was the last 10 be resolved. 

% Plans Presented at Public Hearing 

Several plans were presented at the public hearings. These plans are contained as exhibits 

to the public hearing transcripts and are included in Attachments 97C-28F-3A and -3B. Of these 
plans, it is believed that only three were ever introduced as bills or offered as amendments: the plan 

presented by Senator Cochrane (offered as an amendment to the first Senate plan and to the plan that 

was eventually enacted); a plan introduced by Representative Steve Wood (House Bill 599); and a 
plan introduced by Representative Robert Grady (House Bill 585). See Attachment 97C-27R-11. 

Neither Representative Grady nor Representative Wood offered his plan as an amendment to House 

Bill 586. 

8. Public Access and Other Plans 

The legislature provides access to the public so that any member of the public may draw a 

redistricting plan. The legislature also provides a qualified staff person to assist members of the 

public in using the public access redistricting computer. Numerous plans have been drawn by 

members of the public and interest groups using the public access computer. Attachment 97C-27R- 

17 

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12 contains a list of all congressional plans drawn by legislative staff, the public and others since 

January 1, 1996. The legislative staff has reviewed this list and, after eliminating plans that were 
duplicates, has produced summary reports on all staff plans and public access plans, including some 

plans for which the districts were not completed or which were attempts to draw only certain 
districts. A map is also included with the reports. The reports provide summary information on 

population, voting age population, registration, and elections of the districts. This information is 
included in Attachment 97C-27R-12. 

197C-28A. Demographic Information 

See the 1992 Submission at C-28A. See Attachment 97C-27A-2 for demographic data based 
on the 1990 census and 1990 voter registration data and estimated 1996 voter registration data. See 

Attachment 97C-28A-1 for 1997 population projections. 

€97C-28B. Maps 

1. Maps of the prior districts (Congressional Base Plan 10) are contained in the State's 

previous submission as Attachment 2C-27A. 
-n 

Maps of the new districts (97 HOUSE/SENATE PLAN A and 97 HOUSE/SENATE 
PLAN A 0) are contained in Attachment 97C-27A-2. Two large color maps are included as 
Anachment 97C-27A-3. 

2 Not applicable. 

- 

3 Thematic maps of minority concentration by county (based on 1990 census data) are 

contained in the previous submission at C-28B. 

4. Not applicable. 

Not applicable. 

6. Not applicable. 

97C-28C. Annexation Information 

Not applicable. 

¥97C-28D. Election returns 

Election returns for the following elections are attached as follows: 

1992 congressional primary elections Attachment 97C-28D-1 

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DB: NORTH CAROLINA : District Summary Date: 3/26/97 
Tetal Populations, All Ages Time: 10:37 am.x. 

Plan: 97 HOUSE/SENATE PLAN A Page: 1 

Plan type: CONGRESSIONAL WITH 97 HOME SEATS 

District Total Total Total Total Total Total 

Name Pop. White Black Am. Ind. Asian/PI Other 

District 1 552,161 268,458 277.565 3,461 1,238 1,440 

100.00% 48.62% 50.27% 0.63% 0.22% 0.26% 

District 2 552,152 388,234 154,108 2,267 4,183 3,363 
100.00% 70.31% 27.91% 0.41% 0.7% 0.61% 

District 3 £52,622 428,481 109,358 2,131 5,625 6,027 

100.00% 77.72% 19.79% 0.39% 1.02% 1.05% 

District 4 EB1, 842 421,224 116,006 1,454 is.730 2,301 

100.00% 76.33% 21.02% 0.26% 1.95% 0.43% 

District S 552,084 471,868 Be 27 1,045 2.381 1,€13 

100.00% 85.47% 13.62% 0.19% 0.43% 0.29% 

District 6 £82,171 493,140 52,248 2,039 3,279 1,463 

100.00% 86.31% 8.46% 0.37% 0.59% 0.26% 

District 7 £52,382 371,545 133,985 40,845 2,781 3,216 

100.00% 67.26% 24.26% 7.35% 0.51% 0.58% 

District 8 553,143 373,569 153,396 14,294 5.541 6,343 

100.00% 67.54% 27.73% 2.58% 1.00% 1.15% 

District © £82,615 481,834 61,443 1,837 €£,408 1,413 

100.00% 87.19% 11.12% 0.27% 1.16% 0.26% 

District 10 . 553,332 Bl2,213 36,123 933 2,482 1,583 

i 100.00% 52.57% 6.52% 0.17% 0.45% 0.29% 

District 11 552,089 512.127 29,276 7,888 1,838 960 

100.00% 92.76% 5.30% 1.43% 0.33% 0.17% 

District 12 552,043 284,799 257,644 2,282 5,630 1,689 

100.00% 51.59% 46.67% 0.41% 1.02% 0.31% 

Total 6,628,637 5,008,492 1,456,329 80,156 82.166 23,503 

100.00% 75.56% 21.87% 1.21% 0.79% 0.48% 

3 Zs 

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DE: NORTH CAROLINA pPistrict Suwwsmary Date: 3/26/97 

Voting Age Populations Time: 10:37 a.m. 

Plan: 97 HOUSE/SENATE FLAN A Page: 1 

Pl type: CONGRESSIONAL WITH 97 HOME SEATS 
ae   

  

  

  

District Total vot. Age Vot. Age Vot. Age Vot.. Age Vot. Age 

Name Vot . Age white Black Am. Ind. Asian/PI Other 

District 1 402,065 © 211,273 187,573 2,450 872 9585 

100,00% 52.42% 46.54% 0.61% 0.22% 0.24% 

District 2 415,099 303,740 108,234 1,649 3,169 2,307 

100.00% 72.47% 25.83% 0.39% 0.76% 0.55% 

District 3 417,769 330,971 76,672 1,657 4,012 4,457 

100.00% 79.22% 18.35% 0.40% 0.86% 1.07% 

District 4 427,266 332,013 B4,535 1,118 7,927 1,893 

100.00% 77.71% 19.75% 0.26% 1.86% 0.39% 

District 5 428,181 370,222 54,468 7°74 1,679 1,039 

100.00% 86.46% 12.72% 0.18% 0.39% 0.24% 

District 6 426,321 384,226 37,317 1,472 2,263 1,044 

100.00% 50.13% 8.75% 0.35% 0.53% 0.24% 

District 7 408,299 287,254 $0,005 26,816 2,067 2,183 

100.00% 70.35% 22.04% 6.57% 0.51% 0.53% 

District 8 402,666 283,487 101,961 5,096 3,909 4,213 

100.00% 70.40% 25.32% 2.26% 0.97% 1.05% 

District 9 419,559 371,456 41,670 1,110 4,358 966 

100.00% 88,53% 9.93% 0.26% 1.04% 0.23% 

District 10 425,367 396,936 25,136 696 1,499 1,102 

100.00% 93.32% 5.91% 0.16% 0.35% 0.26% 

District 11 430,111 402,639 20,455 5,159 1,257 601 

100.00% 93.61% 4.76% 1.20% 0.25% 0,14% 

District 12 414,784 228,346 179,846 1,671 3,812 1,108 

100.00% 55.05% 43.36% 0.40% 0.92% 0.27% 

Total 
5,022,487 3,902,563 1,007,876 53,668 36,824 21,619 

100.00% 71.70% 20.07% 1.07% 0.73% 0.43% 

v2 'd : 
Et 

7S: G1 8b. 8 3130 ¢9/991/.616: XE ITT IBI)EH4S 9d IN 

 



DB: NORTH CAROLINA 
Dace: 3/26/97 

ime: 10:37 a.m. 
District Summary 

Registration 

Plan: 97 EOUSE/SENATE PLAN A 

Plan type: CONGRESSIONAL WITH 97 HOME SEATS 

District 1 

pPistrict 

District 

District 

District 

District 

District 

District 

District 

District 

District 

District 

Page: 1 

  

District 

Name 

<Z'd G5: 61 86. 

Total 

Reg. 

271,673 

100.00% 

262,713 

100.00% 

213,448 

100.00% 

315,782 
100.00% 

295,332 

100.00% 

290,562 

100.00% 

273,584 

100.00% 

233,898 

100.00% 

295,719 

100.00% 

300,037 
100.00% 

318,610 

100.00% 

277,525 
100.00% 

3,349,883 
100.00% 

8 130 

White 

Reg. 

148,208 

54.55% 

197,138 

75.04% 

177,975 

83.38% 

258,728 

80.98% 

283,385 
88.50% 

266,904 
81.86% 

393,582 

70.76% 

170,878 

73.06% 

267,583 
90.49% 

283,994 

94.65% 

304.158 

95.17% 

150,264 

54.14% 

2,677,778 
79.94% 

9 27 

£94991.6b16: XES 

Black 

Reg. 

121,958 

44.89% 

64,603 

24.59% 

34,801 

16.30% 

55,059 
17.72% 

33,380 

11.30% 

22,935 

7 .89% 

£1,670 
22.54% 

58,907 
25.18% 

27,125 

$.17% 

15,676 

5.22% 

13,108 

4.10% 

126,488 

¢5.58% 

636,610 

12.00% 

Other 

Rag. 

3.421 

0.55% 

972 

0.37% 

688 

0.32% 

4,085 
1.30% 

597 

0.20% 

726 

0.25% 

18,322 

6.70% 

4,112 
1.76% 

1,011 

0 . 34% 

365 

0.12% 

2,344 

0.73% 

773 

0.28% 

35,496 
1.06% 

Dem. 

Reg. 

235,336 

BE.62% 

188,416 
71.72% 

148,801 
69.71% 

200, 635 

63.54% 

172,461 

143,304 

49.32% 

200,676 

73.35% 

160,654 

68.70% 

153,291 

51.84% 

139,665 
46.55% 

188, 349 

58.93% 

197,783 

71.27% 

2,129,411 
63.57% 

Repub. 

Req. 

31,393 

11.56% 

63,567 
24.20% 

54,152 
25.37% 

86,354 
27.36% 

105,168 
35.61% 

127,298 

43 781% 

63,968 

23.38% 

61,417 

26.26% 

120,358 
40.70% 

140,415 

46.80% 

111,879 

35.04% 

65,708 

23.68% 

1,031,818 

117 B1o33d5 od IN  



DB: NORTH CAROLINA District Summary Date: 3/26/97 

: Elections rime: 10:37 a.m. 

Plan: 97 HOUSE/SENATE PLAN A Pages 1 

Plan type: CONGRESSIONAL WITH 97 HOME SEATS 

District Sanate Senate Lt, Gov Lt. Gov Court Court 

Name Gantt Helms Rand Gardnex Lewis Smith 

District 1 84,590 74,188 97,349 60,092 101,516 44,207 

£3.28% 46.72% 61.83% 38.17% 62.66% 30.34% 

  

  

District 77,449 87,350 82,802 79,483 80,919 57,993 

47.00% 53.00% 51.02% 48.98% 54.34% 45.66% 

District £3,362 75,119 62,4993 70,806 €5,828 57,263 

41.53% 58.47% 46.85% 53.15% 53.48% 46.52% 

District 116,953 81,994 104,42° 51,266 01,892 82,439 

58.75% 41.21% £3.36% 46.64% 52.33% 47.67% 

District 71,185 110,586 88,395 104,985 82,168 94,441 

39.17% 60.83% 45.71% 54.29% 46.53% 53.47% 

District 65,644 109,545 73,141 104,528 63,286 103, 287 

37.47% 62.53% 41.17% 58.83% 37.99% 62:01% ' 

District 75,154 80,562 81,897 68,676 87,320 61,441 

48.26% 51.74% 57.23% 42.77% 58,70% 41.30% 

District 64,574 71,664 76,221 £1,265 69,782 56,442 

47.40% 52.60% 55.44% 44.56% 55,20% 48.71% 

District 79,462 98,104 72,891 105,102 60,368 97.577 

44.75% 55.25% 40.95% 59.05% 38.22% 61.78% 

District 68,023 115,662 77,694 116,377 73,264 113,144 

37.37% | 62.63% 40.03% 59.97% 39,30% 60.70% 

District 86,212 101,511 94,396 105,889 91,924 96,040 

45.93% 54.07% 47.13% 52.87% 48.91% 51.09% 

District 107,333 54,101 93,441 57.084 85,1023 53,177 

66.49% 33.51% 62.08% 37.92% 61.54% 38.46% 

Total 950,941 1,060,363 1,015,155 1,025,657 953,081 928,451 

47.28% £2.72% 45.74% 50.26% 50.65% 45.35% 

Z°d 65:91 86. 8 10 £99914616: XE 117013348 od ON  



  

97C-28F+F(1) 

HOUSE CONGRESSIONAL REDISTRICTING COMMITTEE 

DISCUSSION HOUSE FLOOR 3-26-97 

Speaker Brubaker: For what purpose does the Gentleman from Moore arise. 

Representative Morgan: Mr. Speaker, House Bill 586 — short title — 

Congressional Redistricting 2 is placed on today’s calendar. 

Speaker Brubaker: Clerk will read. 

Clerk: House Congressional Redistricting Committee ~ House Committee 

Substitute for House Bill 586 — A bill to be entitled AN ACT TO DIVIDE NORTH 

CAROLINA INTO TWELVE CONGRESSIONAL DISTRICTS. 

Speaker Brubaker: The Chair recognizes the Gentleman from Mecklenburg to 

explain the bill. 

Representative McMahan: Mr. Speaker — Members of the House -- 

Eight weeks ago today I was appointed by Speaker Brubaker to chair the 

Congressional Redistricting Committee. At the time, I really didn’t know what I was 

getting into, but today I must wonder what I did to the Speaker to deserve this 

punishment. 

Seriously, I first want to thank the 25 Members of our Committee for their input 

and support. The Committee Substitute before you has received a favorable report from 

our Committee and does include the Plan agreed upon by the Senate Congressional 

Committee. So this Plan has been negotiated between both sides for the past eight weeks. 

It 1s not a perfect Plan, but we have tried very hard to agree upon a Plan that is based on 

geographic compactness, racial fairness, population that is homogeneously compatible, 

incumbency friendly, and would divide the fewest number of counties and precincts as 

possible. The Current Plan divides 45 Counties and 80 precincts ~ new Plan divides 22 

Counties and only 2 Precincts. 

I want to point out to each member that this job has been made doubly hard 

because we received an ultimatum in 1992 to have a second Majority /Minority District, 

but last year our 12" District, as you know, was ruled unconstitutional. So the point I 

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House Congressional Redistricting 
March 26, 1997 

Page 2 

want to make is that we have tried to agree on a Plan that will be approved by the Justice 

Department and also be found constitutional. 

As I said earlier, we don’t have a perfect Plan, but I want you to compare it 

closely to our Current Plan that I have placed on your desk. 

Starting in the West, please look at District 9, 10, 11 and see that we no longer 

divide Buncumbe, Henderson, Polk, McDowell, and Rutherford County. 

The current Plan also has parts of District 5 extending into Burke, Caldwell and 

Wilkes County — our new Plan no longer splits those counties. 

: We also have now Cleveland and Gaston together in District 9 and not divided as 

in the Current Plan. 

As you look at 12, we no longer extend from Gastonia to Durham — now only. - 

extends from Charlotte to Greensboro. We believe this District will now stand a Court 

test for the following reasons: 

1. Not a Majority/ Minority District now so shape does not create 

that —~ that was the basis the Court used to say this was unconstitutional — not 

an argument now. 

N)
 Population in 12 has homogeneous interest — comprised of 

many citizens living in an urban setting. 

3. Drawn to protect the Democratic incumbent. 

All three factors are recognized as legitimate factors for drawing Congressional 

District Plans. 

Not a great deal of change has occurred in District 8 except now we don’t divide 

Moore County. 

District 6 is also very similar — except it includes Moore County. 

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House Congressional Redistricting 

Mazxch 26, 1997 

Page 3 

Moving East, a great deal of change and certainly improvement has occurred due 

to realigning District 1 — old map has District 1 really scattered over the entire Eastern 

North Carolina. Now we have a considerably more compact District ) that still has over 

50% of a minority population. 

With the changes in District 1, we are now able to keep Columbus, Brunswick, 

New Hanover, Pender, Duplin and Onslow Counties together, and all in District 7 except 

Onslow, which is in District 3. 

District 3 also more compact because it does not now come from the coast all the 

way into Sampson and Duplin County. 

Now to the Triangle where we have caused the most controversy. If you look at 

the Current Map, you see how District 2 wraps around Wake County on the north and i 

takes part of Durham County — now that District 12 from Charlotte no longer extends into 

Durham County, it certainly makes more sense to put Durham back together and combine 

it with Orange County and Chatham County -- counties already in District 4 — than to 

either put it entirely in District 2 or extend District 1 down from N/E to pick up Durham 

County. When we pick up Durham County, it obviously causes us to divide Wake 

County, and the logical division in my opinion is to include the Research Triangle and 

Western Wake County in with Durham and Chapel Hill, and Eastern Wake County 

moves into District 2. This also makes more sense to me than the original Senate Plan 

that divides Wake on a more East/West line with North Wake County going into District 

4— and South Wake County, including Cary, moving into District 2. This seems to make 

sense not only for geographic compactness but also the makeup of the population 

certainly appears more homogeneous with the Triangle and 3 major Universities together. 

I regret that this has not made some of my good friends from Wake County happy, but | 

would like to point out that the other major counties, Guilford, Forsyth, and 

Mecklenburg, are all divided and represented by 2 Congressman and that is not all bad. 

Major metropolitan areas have a lot of needs unique to their area and having 2 

Congressman working together for your county can be very positive. 

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House Congressional Redistricting 
March 26, 1997 
Page 4 

So, to close, I ask each of you to look at what we have done as to a total Plan for 

our State — again, taking into consideration the directives we have from both the Justice 

Department, the Court, the incumbency issue and all the other factors. Please keep in 

mind all the many other factors we have had pulling on us in doing this job. Those of us 

involved have done our dead level best to agree on a Plan that both sides of the aisle in 

each Chamber can support. Our alternative after next Tuesday will be to turn this matter 

over to the three judge panel to do our jobs. I am hopeful that we can forget the 

partisanship we may have on this issue and let's do this job that the Constitution directs 

us to do and not have to ask the Court to help us. I really don’t think any of us want to 

send that kind of message to the citizens across North Carolina. 

Please note that the bill also provides a back up plan that goes to 0% population 

variance if the Court should rule the Plan unconstitutional because of the very small 

variance we have between Districts. It will then divide 12 precincts in lieu of 2 to meet 

this requirement. Again, this is only in the event we need to go to 0% population, which 

most of us do not believe we will need to do. 

Mr. Speaker, Representative Sutton will offer an Amendment that makes a slight 

change in Robeson County that has been agreed to by all parties. It had been agreed to 

earlier, but somehow got changed in the final Plan approved in Committee yesterday, 

and I apologize for that. 

{ understand that other Amendments will be offered and even though I want each 

Member offering an Amendment to know that I respect their reason for doing it, [ must 

ask my fellow Members to please keep the Plan in tact. If one change is made, other than 

Representative Sutton, we will begin to unravel weeks of intense negotiations and 

agreements that have happened in small steps along the way. Please understand that I can 

appreciate the reason for the Amendments being offered, but I must ask both sides to 

please defeat them to protect the integrity of the overall Plan so that we can get it 

approved in both bodies. 

Thank you. 

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VERBATIM TRANSCRIPT OF FLOOR DEBATE ON 

HB 586 (COMMITTEE SUBSTITUTE) CONGRESSIONAL REDISTRICTING 

SENATE CHAMBER : 

THURSDAY, MARCH 27, 1997 97C-28F-4F(2) 

Reading Clerk: 

The Committee Substitute for HB 586, A BILL TO BE ENTITLED AN 

ACT TO DIVIDE NORTH CAROLINA INTO TWELVE CONGRESSIONAL 

DISTRICTS, referred to the Select Committee on Redistricting. 

Senator Cooper: Mr. President. 
  

President: The members will take their seats, the Senate will come to 

order. I believe you all might want to hear about this. 

Senator Cooper: Mr. President. 
  

  

President: Senator Cooper 

Senator Cooper: To make an announcement. 
  

President: The Senator may make his announcement. 
  

Senator Cooper: Mr. President, the President Pro Tem will, hopefully 
  

before he walks out the door or maybe the Rules Chairman will, let us 

recess for fifteen (15) minutes to hold the Select Committee on 

Congressional Redistricting. It will be held in Room 1124, would ask you 

to please take your bill and your maps that are currently on your desks, 

take it down to the committee room with you. We don’t have but a few 

1t'd 85:61 86. 8 10 £99914616: XE 111 'WIJ3d4S SY ON  



extra copies and we would ask you to take it with you to the committee 

and then bring it back with you up to the floor so that we won't have to 

have additional copies made. We will do that right now as soon as you 

call a recess, Mr. President. 

RECESS 

President: Senator Cooper is recognized. 
  

Senator Cooper: Mr. President, I would like to sent forth a committee 
  

report from the Select Committee on Congressional Redistricting. 

President: The Senator may send forth his report. The clerk will read. 
  

Reading Clerk: Senator Cooper, for the Redistricting Committee. 
  

Committee Substitute for HB 586, A BILL TO BE ENTITLED AN ACT 

TO DIVIDE NORTH CAROLINA INTO TWELVE CONGRESSIONAL 

DISTRICTS. The committee recommends the bill do pass. 

Senator Cooper: Mr. President. 
  

President: Senator Cooper is recognized for a motion. 
  

Senator Cooper: Mr. President, I move that the rules be suspended to 
  

the end that the House Bill that was just read in be placed on the floor 

for immediate consideration. 

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President: You have heard the motion. Any discussion. If not, all in 
  

favor say “aye” opposed say “no.” The Chair rules that’s two-thirds (2/3). 

The clerk will read. 

  

Reading Clerk: H.B. 586, A BILL TO BE ENTITLED AN ACT TO 

DIVIDE NORTH CAROLINA INTO TWELVE CONGRESSIONAL 

DISTRICTS, reported favorably. 

President: Senator Cooper is recognized to explain the bill 
  

  

Senator Cooper: Thank you, Mr. President , members of the Senate. 

Today we have a congressional redistricting plan that splits forty-six (46) 

counties, that has six (6) counties which have three members of 

Congress, and which splits over eight (80) precincts. The plan we have 

today has some social merit. As a result of this plan, for the first time in 

many, many years, we have two minority members of Congress as a 

result of the current plan. However, we have a plan that is a geographic 

mess. | have, for your viewing pleasure if you want to call it that, had 

placed on your desks a copy of the current map so that you can see how 

difficult it is for people to know in which Congressional district they 

reside. Last year, the United States Supreme Court ordered the 

Legislature to redraw the map as a result of the 12% Congressional 

District being declared unconstitutional. Now there are arguments for 

and against this decision. In fact, the Court found it close. It was a 5-4 

decision and one of those Justices sort of wavered back and forth - 

Justice O’Connor. But the result was that the 12 District was held 

unconstitutional by a 5-4 decision and we were ordered by Apnl 1 to 

come up with a new map. When this process began, we had a House 

controlled by the Republican Party and a Senate controlled by the 

£2 d 65:51 86. 8+ 10 $£92991.616: XES 117 BIJ3d4S Sd ON 

 



      

Democratic Party and people were saying that it couldn’t be done, that 

we could not reach an agreement. In fact, other states which had been 

ordered by the Court to redraw their plans under similar circumstances, 

other states have been unable to agree on a plan. | want to commend all 

of those who have been involved in this process because we have agreed 

on a plan - a plan that is fair and workable, You have the plan on your 

desk, it is entitled “97 House/Senate Plan A.” This plan reduces the 

number of counties that are split from forty-five (45) to twenty-two (22). 

There are now only 22 counties split under this plan. It reduces the 

number of precincts split from over eighty (80) to two (2) and those two 

precincts have special circumstances with satellite annexations, etc. and 

are split under most other plans as well. You have a plan which provides 

for geographic compactness, provides for consideration of community of = 

interest, and provides for fair partisan balance. I think that all of the 

congressional districts would be competitive. However, it is likely that, if 

political fortunes remain the same, that we would end up with a plan 

that would elect six Democrats and six Republicans. We said from the 

beginning in the Senate that in 1996 the people made a decision to elect 

six members of Congress from the Democratic Party and six members of 

Congress from the Republican Party and we should not use court- 

ordered redistricting to alter that result. Therefore, we've come up with 

the plan that you see before you. In considering the plan, we looked at 

community of interest, looking at keeping precincts whole, at keeping 

counties whole as much as possible. We looked at making sure that no 

counties had more than two members of Congress representing the 

county. We looked at racial fairness. Let me tell you a little bit about the 

1st and the 12% Districts because the unconstitutionality of the 12% 

District is the reason why we are here. You have the statistics on your 

desk, but the 1st District is majority minority, total population 50.27%. 

red 65:51 86. 8 3130 £9991.616: Xe 1177. W145 a9 IN 

 



  

However, let me emphasize that race was not the predominate factor in 

drawing the 1st Congressional District. We have a district that has ten 

whole counties and ten split counties. It’s a district which respects the 

rural agrarian nature of the northeast. It is a district which, I believe, 

that a minority member of Congress or even a minority challenger would 

have an excellent chance to be re-elected, but I believe the 1% District not 

only is constitutional, but also complies with the Voting Rights Act which 

is also a responsibility we have with this plan to have it pre-cleared by 

the Justice Department and held constitutional by the Courts. The 12% 

District is almost 47% majority minority. Currently, the 12% District 

under our current plan is majority minority. I believe that this new 12% 

District is constitutional for several reasons. First, and maybe most 

importantly, when the Court struck down the 12% District it was because 

the 12% District was majority minority and it said that you cannot use 

race as the predominate factor in drawing the districts. Well guess what! 

The 12% District, under this plan, is not majority minority. Therefore, it 

is my opinion and the opinion of many lawyers that the test outlined in 

Shaw vs. 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. That makes an eminent amount 

of sense because what is the cut-off point for when you have the trigger 

of when a district looks ugly. I think that the court will not even use the 

shape test, if you will, on the 12% District because it is not majority 

minority. It is strong minority influence, and I believe that a minority 

would have an excellent chance of being elected under the 12% District. 

If, however, the court decides that the test is triggered for some reason 

and that we should look at the criteria outlined in Shaw vs. Hunt, you 

need to look at what the, how we have improved the shape of the 12t 

District. First, it is much more compact. It is 67% shorter in length 

Sed 00:91 - 86. 8" +0 £94991.616: XES 117 1WIJ3d4S Sd ON 

 



  

Td o? 

  

than under the old plan and you see how the old plan stretches from 

Gastonia to Durham. You can drive the length of this district in two 

hours. It is the third shortest district in the entire State. It covers six (6) 

counties instead of ten (10), it connects the metropolitan area of 

Charlotte and the metropolitan area of the Triad. There is certainly a 

community of interest along that corridor, economic, social, and 

otherwise. It is much wider and it takes into consideration the 

incumbent and political balance. For all of those reasons, I believe that 

the 12th District will be held constitutional. Members of the Senate, 

redistricting is a difficult process - I don’t want this job again, but I 

believe that we have been able to overcome partisan politics and we have 

been able to reach a plan that is fair to the people of North Carolina, and 

fair to all involved. The House agrees. Yesterday, the House voted is 

unanimously in favor of this plan - 87-30. Of those 87 members who 

voted “yes”, 52 were Republicans and 35 were Democrats. That is a good 

strong bipartisan show of support for this plan. I believe that this plan is 

acceptable to all of the members of Congress. There are a couple who 

have stated objections about the way that some area had been moved 

around, but as far as the partisan nature of the districts 1s concemed, 

we have preserved the current partisan nature of each of the districts 

and for that reason, I think that all of the incumbents are satisfied. And 

let me emphasize to you that this is not an incumbent protection plan. 

This is a plan that attempts to preserve the partisan nature of each of the 

twelve districts as they now exist. I believe that we've done that with this 

plan. Members of the Senate, I encourage you to vote for this plan. We 

have a responsibility as a legislature to draw a plan. It's easier politically 

to say “let the courts do it”, but that’s rolling the dice. Number one, you 

don’t know what you are going to get and, number two, it is shirking our 

responsibility as representatives of the people to do what the Court has 

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   wh 

ordered us to do. We may not like everything about the plan, there are 

some parts of the plan that I wish I could change, but the process of 

negotiations require give and take. That’s what has happened here. I 

think we have a result that is fair and equitable for all of the people of 

North Carolina and I encourage your “yes” vote, Thank you. 

  

President: For what purpose does Senator Reeves arise? 

Senator Reeves: To ask if Senator Cooper will yield. 
  

President: He yields. 
  

Senator Reeves: Senator Cooper, during your presentation of the plan 
  

over the last several weeks, did you have a chance to look at Plan O 

which we submitted to you for your review? 

Senator Cooper: Yes. Senator Reeves is referring to a plan that both 
  

Senator Reeves and Senator Miller support which would keep Wake 

County whole and couple it with Chatham and Orange as the current 4% 

District is currently configured. They have pushed hard for that plan. 

We officially presented that plan to the House, it was summarily rejected. 

I believe that if the Senate insisted upon that plan of keeping Wake 

County whole, that we would end up letting the federal courts draw this 

plan because they would not accept it. 

Senator Reeves: In reviewing the order from the courts to redraw these 
  

districts, they keyed on District 12 and District 1. They did not mention 

District 4 or 2 as being a problem and, indeed, in my review, of the plan 

as we have it right now the base plan as it is set out, District 4 is not the 

7 

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   wh 

  

problem. District 4 has two, almost two and one-half (2 %) counties and 

now we are going to split the largest of those counties right down the 

middle. What is the rationale of the House and what is your rationale for 

making this fundamental change in District 4 and District 2. 

Senator Cooper: The 12th District currently stretches from Gastonia to 
  

Durham. You necessarily have to change every single district in the state 

in order to rectify the unconstitutionality of the 12% District. Therefore, 

we had to make changes in all of the districts. If you were to keep Wake 

County whole under the current 4% District plan, the 20¢ District would 

have to stretch almost completely around the 4th District in order to get 

enough population and you would end up having a situation where you 

would have almost a doughnut, with the 4% District being the middle of = 

the doughnut and if we are looking at a plan that provides for geographic 

compactness, that’s not one that I think that we should consider. 

However, I presented it as an option and pushed for it at the instance of 

you and Senator Miller and we were not successful. 

Senator Reeves: Thank you. 
  

President: For purpose does Senator Cochrane arise? 
  

Senator Cochrane: | would like to send forward an amendment, please. 
  

President: The Senator may send forth her amendment. Do members 
  

have copies, Senator Cochrane? 

Senator Cochrane: Ycs. 
  

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oh       

  

  

DB: NORTH CAROLINA District Summary Pate: 1/23/92 

Total Poptlations, All Ages Time: 2:18 p.m. 

Plan: 1992 Congressional Base Flan #10 Page: 1 

Plan type: Congressional Base Plan 
District Total Total Total Total Total Total 

. Name Pop. White Black An. Ind. Asian/PIl Other 

District 1 552,386 229,829 316,290 3,424 1,146 1,698 

100.00X 41.61% 57.26% 0.62% 0.212 0.31) 

District 2 552,386 421,083 121,212 3,154 4,077 2,860 

100.00% 76.23% 21.94% 0.57% 0.74% 0.52% 

District 3 $52,387 423,398 118,640 2,436 4,044 3,869 

100.002 76.65% 21.48% 0.44% 0.73% 0.70% 

District 4 552,387 426,361 111,168 1,548 10,602 2,714 

100.00% 77.19% 20.132 0.282 1.92% 0.49% 

District 5 552,386 463,183 83,824 1,083 2,448 1,848 

100. 00% 83.85% 15.17% 0.20% 0.44% 0.33% 

District 6 552,386 504,465 41,329 1,973 3,489 1,129 

100.002 . 91.32% 7.48% 0.36% 0.63% S0e20% 

District 7 552,386 394,855 103,428 40,166 5,835 8,102 

100.00% 71.48% 18.72% 7.27% 1.06% 1.47% 

District 8 552,387 402,406 128,417 13,789 4,232 3,543 

100.00Z 72.85% 23.25% 2.50% 0.77% 0.64% 

District 9 552,387 492,424 49,308 1,729 7,373 1,353 

100.00% 89.14% 8.93% 0.31% 1.33% 0.28% 

District 10 552,386 517,542 30,155 942 2,238 1,510 

100.00Z 93.692 5.46% 0.17% 0.41% 0.27% 

District 11 552,387 502,058 39,767 7,835 1,791 936 

100.00X 90.89% 7.20% 1.42% 0.32% 0.17% 

District 12 552,386 230,888 312,791 2,077 4,891 1,739 

100.00X 41.80% 56.63% 0.38% 0.89% 0.31% 

Total 6,628,637 5,008,492 1,456,329 80,156 52,166 31,501 

100.00% 75.56% 21.97% 1.21% 0.79% 0.48% 

6s 'd C0:91 86: 8 130 £92991/.616: Xe 413 HI)3I4S 95 IN 

  
  

 



    

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DB: NORTH CAROLINA 
District Summary 

Date: 1/23/92 

Voting Age Populations Time: 2:20 p.m, 

Plan: 1992 Congressional Base Plan #10 . Page: 1 

  Plan type: Congressional Base Plan 
District Total Vot. Age Vor, Age Vot. Age Vot. Age Vot. Age 

    Name Vot. Age Vhite Black Am. Ind. Asian/PI Other 

District 1 ji 399,969 181,933 213,602 2,428 Bas 15110 

100.004 45.49% 53.40% 0.61% 0.21% 0.28% 

District 2 420,087 328,676 84,311 2,173 3,074 1,963 

100.00% 78.24% 20.07% 0.52% 0.73% 0.47% 

District 3 413,263 324,808 81,170 1,755 2,922 2,608 

100.00Z 78.60% 19.64% 0.42% 0.71% 0.63% 

Bintetatr 4 478,984 336,850 81,210 1,239 7,782 1,903 

100.002 78.52% 18.93% 0.29% 1.81% 0.44% 

District 5 428,782 364,886 60,204 B22 1,650 1,221 

100.00%  BS.10X 14.04% 0.19% 0.38% 0.28% 

District 6 428,096 393,271 30,188 1,433 2,407 798 

100.00% 91.87% 7.05% 0.33% 0.56% 0.19% 

District 7 414,413 306,756 71,071 26,489 4,201 5,898 

100.00 74.02% 17.15% 6.39% 1.01% 1.42% 

District 8 403,678 305,366 84,386 8,699 2,956 2,271 

100.00¢ 75.65% 20.90% 2.15% 0.73% 0.56% 

Distriet 9 421,615 380,364  33,B49 1,275 5,059 1,069 

100.008 90.22% 8.03% 0.30% 1.20% 0.25% 

District 10 421,456 197,476 20,837 700 1,409 1,036 

100.00% 94.31% 4.94% 0.17% 0.33% 0.25% 

District 11 430,457 396,064 27,438 5,126 1,237 592 

100.00 $2.01 6.37% 1.19% 0.29% 0.14% 

District 12 411,687 186,115 219,610 1,529 3,283 1,150 

100.002 45.21% 53.34% 0.37% 0.80% 0.28% 

Total 5,022,487 3,902,563 1,007,876 53,668 36,824 21,619 

100.008 77.70% 20.07% 1.07% 0.73% 0.43% 

ord : c0:91 86. 8 %0 $9/99T/616: XB 117 WIJ34S 95 ON 

 



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DB: NORTH CAROLINA District Summary Date: 1/23/92 

Registration Time: 2:19 p.m. 

Plan: 1992 Congressional Base Plan #10 Page: 1 

Plan type: Congressional Base Plan 

District Total Vhite Black Other Dem. Repub. 

Name Reg. Reg. Reg. Reg. Reg. Reg. 

District 1 Ree 790,229 132,323 136,536 1,296 235,445 29,509 

100.002 48.97% 50.53% 0.48% 87.13% 10.92% 

District 2 270,061 219,727 48,153 2,196 190,564 66,366 
100.002 81.36% 17.83% 0.81% 70.56% 24.57% 

District 3 248,318 201,699 45,684 955 ‘© 173,132 64,771 

100.00% 81.23% 18.40% 0.38% 69.72% 26.08% 

District 4 306,226 250,780 53,212 2,238 191,876 88,762 

100.00% 81.89% 17.38% 0.73% 62.66% 28.55% 

District 5 293,437 255,458 37,427 550 178,786 97,316 

100.00% 87.06% 32.75% 0.19% 60.93% 33.16% 

District 6 292,842 273,216 18,507 726 © 145,337 138,153 

100.00 93.30% 6.46% 0.25% 49.63% 43.76% 

District 7 218,613 162,148 38,413 18,104 154,517 55,296 

100.00% 74.17% 17.37% 8.28% 70.68% 25.29% 

District 8 254,082 197,961 52,140 3,973 166,645 74,262 

100.00% 77.91% 20.52% 1.56% 65.59% 29.23% 

District 9 296,124 270,843 24,125 1,154 148,223 124,786 

100.00% 91.462 8.15% 0.392 50.05% 42.14% 

District 10 297,917 283,928 13,611 398 135,660 142,775 

100.00% 95.30% 4.57% 0.13% 45.54% 47.92% 

District 11 318,958 299,765 16,847 2,338 192,259 107,923 

100.00 93.98% 5.28% 0.73% 60.28% 33.84% 

District 12 283,076 129,930 151,555 1,568 216,967 51,900 

100.00% 45.90% 53.54% 0.55% 76.65% 18.33% 

Total 3,349,883 2,677,778 636,610 15,496 2,129,411 1,031,819 

100.00% 79.94% 19.00% 1.06% 63.57% 30.802 

7d ¢0:9T 86. 8 3 ¢9/991/6T6: Xe 117 WID3dS 99 ON

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