Plaintiffs' First Request for Admissions to State Defendants

    IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF NORTH CAROLINA 

EASTERN DIVISION 

Civil Action No. 4:96-CV-104-BO(3) 

MARTIN CROMARTIE, et al., 

Plaintiffs, 

Vv. 

JAMES B. HUNT, in his official capacity 

as Governor of the State of North Carolina, 

et al, 

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PLAINTIFFS' FIRST REQUEST 

FOR ADMISSIONS TO STATE 

Defendants, DEFENDANTS 

and 

ALFRED SMALLWOOD, et. al., 

Defendant-Intervenors. 

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TO: DEFENDANTS Gov. JAMES B. HUNT, JR.; Lt. Gov. DENNIS A. WICKER; 

Speaker HAROLD J. BRUBAKER; Sec. of State ELAINE MARSHALL; THE NORTH 

CAROLINA STATE BOARD OF ELECTIONS; North Carolina State Board Members 

LARRY LEAKE, KATHERINE BURNETT, FAIGER BLACKWELL, DOROTHY 

PRESSER, JUNE K. YOUNGBLOOD 

Pursuant to Rule 36 of the Federal Rules of Civil Procedure, Plaintiffs serve their First Request 

for Admissions upon State Defendants. Please admit or deny the following matters. 

TRUCTIONS: 

In the event of a denial, provide a full explanation of the reason for such denial. Each 

matter of which an admission is requested is admitted unless, within 30 days after service of the 

request, a written answer or objection addressed to the matter is served upon the Plaintiffs signed 

by the State Defendants or one or more of their attorneys. 

As per Rule 36(a) of the Federal Rules of Civil Procedure, if objection is made, the 

reasons therefore shall be stated. The answer shall specifically deny the matter or set forth in 

 



detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial 
shall fairly meet the substance of the requested admission, and when good faith requires that a 

party qualify an admission that is requested, the party shall specify so much of it as is true and 

qualify or deny the remainder. 

  

You may not give lack or information or knowledge as a reason for failure to admit or 

deny unless you state you have made reasonable inquiry and that the information known or readily 

obtainable to you is insufficient to enable you to admit or deny. 

You may not object to any request for admission on the grounds that the matter of which 

an admission has been requested presents a genuine issue for trial. However you may, subject to 

the provisions of Rule 37(c) of the Federal Rules of Civil Procedure, deny the matter or set forth 

reasons why the party cannot admit or deny it. 

PLAINTIFF'S FIRST REQUEST FOR ADMISSIONS: 

1. With respect to the 1st District, the North Carolina General Assembly in drawing up the 1997 

Congressional redistricting plan adopted by the North Carolina Legislature as HB 586 (hereafter 

referred to as the 1997 Plan) used as its starting point the basic core of the 1st District as created 

under the 1992 Congressional plan. 

2. With respect to the 12th District, the North Carolina General Assembly in drawing up the 

1997 Plan used as its starting point the basic core of the 12th District as created under the 1992 

Plan. 

3. The 1997 plan was an attempt by the North Carolina General Assembly to change the 1992 

plan as little as possible, without violating the requirements of the Equal Protection Clause of the 

14th Amendment. 

4. While undertaking to draw the 1997 plan, the North Carolina General Assembly was informed 
by state officials that any district they drew that was not majority African American would not be 

subject to strict scrutiny under the Equal Protection analysis of Shaw v. Reno and its successor 
cases. 

5. When it drew the 1997 plan, the North Carolina General Assembly believed that any district 

they drew that was not majority African American would not be subject to strict scrutiny under 

the Equal Protection analysis of Shaw v. Reno and its successor cases. 

6. The 1st District of the 1992 Congressional Redistricting Plan violated the Equal Protection 
Clause of the Fourteenth Amendment as interpreted by Shaw v. Reno, Miller v. Johnson, Bush v. 
Vera, and Shaw v. Hunt. 

7. The North Carolina General Assembly drew up the 1st District of the 1997 plan with the 

 



purpose that it be a majority black district. 

8. In determining the existence of the first Gingles threshold factor, i. e., whether the minority 

group is sufficiently large and geographically compact to constitute a majority in a single member 

district, the correct method is to determine whether African-Americans of voting age constitute a 
majority of citizens of voting age in that district, rather than to determine whether African - 

Americans constitutes a majority of the total population or a majority of the registered voters. 

9. In North Carolina, almost all inhabitants are citizens and so the voting age population of the 

African-American very closely approximates the citizen voting age population of African 

Americans. 

10. Between 1792 and 1992, Mecklenburg County was not in the same congressional district 
with either Forsyth or Guilford counties 

11. The African-American minority in North Carolina consists of 22% of the total population of 

the state and 20% of the voting age population. 

12. At least 95% of the registered voters who are are African-Americans in North Carolina are 

registered as Democrats. 

13. At least 95% of the registered African American voters in North Carolina regularly vote for 

Democratic candidates rather than for candidates of other parties. 

14. Mecklenburg County is principally served by the Charlotte Observer, Forsyth County by the 

Winston-Salem Journal, and Guilford County by the Greensboro News. 

15. Only a small percentage of the inhabitants of Mecklenburg County subscribe to or regularly 

read a newspaper published in Guilford or Forsyth counties. 

16. Only a small percentage of the inhabitants of Guilford or Forsyth counties subscribe to or 

regularly read a newspaper published in Mecklenburg County. 

17. Mecklenburg County is in the Charlotte television market (DMA) while Forsyth and Guilin 

counties are in the Piedmont Triad market (DMA). 

18. Mecklenburg County is in the Charlotte Standard Metropolitan Statistical Area, and Forsyth 

and Guilford are in the Greensboro-High Point-Winston-Salem Standard Metropolitan Statistical 
Area. 

19. Only a small percentage of inhabitants in Mecklenburg County listen to radio stations licensed 

to communities in Guilford and Forysth Counties.  



  

20. Only a small percentage of inhabitants in Mecklenburg County listen to radio stations licensed 

to communities in Guilford and Forsyth Counties. 

21. Inthe 1997 plan, Representative Susan Myrick's residence was included in the 12th District. 

22. When drawing the First District in the 1997 plan, the General Assembly believed that the 

Civil Rights Division would not grant Section 5 preclearance if the newly drawn district did not 

have a sufficiently high percentage of African American voting strength. 

23. When drawing the 12th District in the 1997 plan, the General Assembly believed that the 

Civil Rights Division would not grant Section 5 preclearance if the newly drawn district did not 

have a sufficiently high percentage of African American voting strength. 

24. The 12th District of the 1998 plan is more geographically compact than the 12th District of 

the 1997 plan. 

25. The 12th District of the 1997 plan is not geographically compact. 

26. The 1st District of the 1997 plan is not geographically compact. 

27. The 12th District of the 1992 plan was not geographically compact. 

28. The 1st District of the 1992 plan was not geographically compact. 

29. When drawing the 12th District of the 1997 plan, the General Assembly split Mecklenburg, 

Forsyth, Rowan, Iredell, Davidson, and Guilford counties. 

30. When drawing the 12th District of the 1997 plan, the General Assembly split Mecklenburg, 

Forsyth, Rowan, Iredell, Davidson, and Guilford counties in a manner that conforms to racial 

lines. 

31. When drawing the 1st District of the 1997 plan, the General Assembly split Pitt, Craven, 

Wayne, Lenoir, Jones, Washington, Person, Granville, Wilson, and Beaufort counties. 

32. When drawing the 1st District of the 1997 plan, the General Assembly split Pitt, Craven, 

Wayne, Lenoir, Jones, Washington, Person, Granville, Wilson and Beaufort counties in a manner 

which conforms to racial lines. 

33. When drawing the 1st District of the 1997 plan, the General Assembly split the cities of 

Ayden, Battleboro, Fremont, Goldsboro, Greenville, Kinston, New Bern, Rocky Mount, 

Sharpsburg, Trent Woods, Washington, Whitakers, and Wilson. 

34. When drawing the 1st District of the 1997 plan, the General Assembly split the cities of 

 



  

Ayden, Battleboro, Fremont, Goldsboro, Greenville, Kinston, New Bern, Rocky Mount, 

Sharpsburg, Trent Woods, Washington, Whitakers, and Wilson in a manner which conforms to 

racial lines. 

35. When drawing the 12th District of the 1997 plan, the General Assembly split the cities of 

Charlotte, Statesville, Thomasville, Salisbury, Winston-Salem, High Point, Greensboro, Cornelius, 

Davidson, Mooresville, Troutman, Lexington, and Spencer. 

36. When drawing the 12th District of the 1997 plan, the General Assembly split the cities of 

Charlotte, Statesville, Thomasville, Salisbury, Winston-Salem, High Point, Greensboro, Cornelius, 

Davidson, Mooresville, Troutman, Lexington, and Spencer in a manner which conforms to racial 

lines. 

37. It is not possible to draw up a geographically compact Congressional District in northeastern 

North Carolina where the African-American population is greater than 50% of the total 

population. 

38. It is not possible to draw up a geographically compact Congressional District in northeastern 

North Carolina where the African-American voting age population is greater than 50% of the 

voting age population in that district. 

39. The Republican Party first allowed unaffiliated voters to vote in its primary in the May, 1988 

primary election. 

40. The Democratic Party first allowed unaffiliated voters to vote in its primary in the May, 1996 

election. 

41. The five largest entire cities or towns in Congressional District 1 are Roanoke Rapids, pop. 

15,722, Henderson, pop. 15, 361, Tarboro, pop. 10, 991, Oxford, pop. 7,750 and Roxboro, pop. 

7.219. 

42. The five largest entire cities or towns in Congressional District 3 are Jacksonville, pop. 29, 

196, Elizabeth City, pop. 14, 237, Havelock, pop. 12, 359, Morehead City, pop. 6, 046, and 

Edenton, pop. 5, 164. 

43. In the ten counties District 1 shares with other districts, every single precinct in which 

African-American residents constitute a majority of the total population is included within the 
boundaries of the 1st District. 

44. In the ten counties District 1 shares with other districts, 22 of the 26 precincts in which black 

residents comprise between 40% and 50% of the total population are included within the 1st 

District. 

 



This the 1st day of September, 1999 

  

Robinson O. Everett 

Everett & Everett 

N.C. State Bar No.: 1385 

Attorney for the Plaintiffs 

P.O. Box 586 

Durham, NC 27702 

Telephone: (919)-682-5691 

Williams, Boger, Grady, Davis & Tuttle, P.A. 

2 Whe 
by: Mel eve —— 
  

Martin B. McGee 

State Bar No.: 22198 

Attorneys for the Plaintiffs 

P.O. Box 810 

Concord, NC 28026-0810 

Telephone: (704)-782-1173 

Dorper € Marth 
Douglas E. Markham 

Texas State Bar No. 12986975 

Attorney for the Plaintiffs 

333 Clay Suite 4510 

Post Office Box 130923 

Houston, TX 77219-0923 | 

Telephone: (713) 655-8700 

Facsimile: (713) 655-8701 

  

 



  

CERTIFICATE OF SERVICE 

I certify that I have this day served the foregoing Plaintiffs’ First Request for Admissions 
to State Defendants by hand delivery to the following addresses: 

Ms. Tiare B. Smiley 

Special Deputy Attorney General 
North Carolina Department of Justice 

114 W. Edenton St., Rm 337 

P.O. Box 629 

Raleigh, NC 27602 

Phone # (919)-716-6900 

Mr. Adam Stein 

Ferguson, Stein Wallas, Adkins, Gresham, Sumter, P A. 

312 W. Franklin St. 

Chapel Hill, NC 27516 

Phone # (919) 933-5300 

This the 1st day of September, 1999 

0 nd ON 
  

Robinson O. Everett 

Attorney for the Plaintiffs