Gingles v. Edmisten and Pugh v. Hunt Motion of Plaintiff's, Alan v. Pugh, et al., For Preliminary Injunction or Temporary Restraining Order; General Assembly of North Carolina Primary Election Schedule; General Assembly Amendments; Correspondence from Bradford Reynolds to Leonard

    IN THE UNITED STATE
FOR THE EASTERN DISTRIC

RALEIGH DI

RALPH GINGLES, et dl.,

Plaintiffs,

VS.

RUFUS EDMISTEN, €t aI.,

Defendants.

ALAN V. PUGH, et aI.,

Plaintiffs,

vs.

JAMES B. HUNT, JR., etc., €t
aI. ,

Defendants.

FOR
MOTTON OF PL.A,INTTFFTS, ALAN V. PUGH, ET AL.,

P ORDER

DISTRICT
OF NORTH

ISION

COURT
CAROLINA

No.81-803-CIV-5

No. B1-1066-CIV-6

RULE F. R: CIVIL P.

i

coMES NOW the Plaintiffs, Alan v. Pugh, €t aI., and through

their counsel, Arthur J. Donaldsgn, and Robert N. Hunter, Jr.,

move the Court for a preliminarylinjunction (or temporary

restraining order should notice gf this motion and hearing thereon

not be able to be communicated t9 counsel for Defendants by
i

the time this matter is heard) ip the above entitled cause
I

enjoining the Defendants, their |S.tt=, servants, or employees,
I

and specifically the Defendant, ftate Board of Elections of
I

North Carolina, and those DefendSnts who are presently members of
't;

the North Carolina Board of Elecf.ions, from accepting for filing

notices of candidacy or conductipg or performing any procedure

enabling candidates to file for the North Carolina State House of

Representatives or the North Carolina State Senate under those

districting plans adopted or amended by the North Carolina

General Assembly at its Third Extra Session of the General

Assembly on April 27, LgB2, at or about 6223 p.m. on said date.

The grounds in support of this motion are as follows:

I. On April 27, LgBz, the North carolina General Assembly

adopted or amended districting plans for the North Carolina Senate



2. On April 2'1, L982, the 
fortn 

Carolina General Assembly

also adopted amendments to articfe 10 chapter 65 of the North

Carolina General Statutes which l.t the filing period for
candidates of the various ai=trifts between April 30 , LLBZ and

May 7, Lg82 (Exhibit "A") . I
I3. Forty (40) counties of the State of North Carolj-na are:s of 
fn. 

stat
covered counties under the Votini Rights Act, 42 U.S.C. 51973 and

any actions, changes in law or vftinS procedure affectj-ng those

40 counties must first be nre-clfared by the United States

Department of Justice before thej are enforceable.

4. That timing of filing p{riods for such offices are
I

and North Carolina House of neprf:sentatives for the L9B2

elections; (Exhibit "A") i 
I

I

covered by the provisi-ons of thelVoting Rights Act.

5. That the State of Northl"..or'Lrrd and the named Defendants
I

in this cause are well aware tfra{ candidate filing periods are
I

subject to such review and in point of fact, the United States
{

Department of Justice in rejectilg earlier districting plans
I

informed counsel for the Defendaltsr Jerris Leonard, by letter

dated April L9, L982, in part, ai follows:
!"FinaIIy, the State has proposed to change the

candidate filing period and lto change the date on
which primary elections wiI{ be held. These changes
are contingent upon the Statie obtaining pre-
clearance of the Senate and fFlouse redistricting
plansr dr event which has ngt yet taken p1ace.
Accordingly, it is our view |that these changes are
not ripe for Section 5 reviqw. See €.9.,
28 C. R. R. 51.7. We stand iready to examine these
changes on an expedited basis together with any
modifications to the Senate land House plans that
the State may wish to make. '!

6. That the Defendants, an{ in particular, the Defendant
i

State Board of Elections, intend ito open the candidate filing

period on April 30, L982 for a period of one week.

7. That as of the date of this motion the United States

Department of Justice has not only not pre-cleared the district

plans for the General Assembly, it has not pre-cleared the

candidate filing period.

-2-



B. That any attempt to conduct, accept filingsr or otherwise

determine candidates for election to the General Assembly by the

Defendants without pre-clearance of the dates of the filing
periods by the United States Department of Justice is void and

of no effect and if allowed to occur without such pre-clearance

wiII cast doubt upon the eligibility of those candidates who file

during such non-pre-cl-eared period.

9. In addition to the rest,raints imposed by the Voting

Rights Act and the pre-clearancg provisions thereof, the setting

of filing dates between April 3Q, LgB2 and May 7 , lgT2 and in

effect closing the filing perioQ for candidates within ten (10)

days of legislation authorizing new district lines for the fourth

time within eleven (11) months is a procedure designed to assist

and enhance the re-election of incumbents and deny to potential

candidates, especially potential candidates of racial minorities,

the opportunty to assess and evaluate their possible candidacy

in light of new district lines which have not, as of the date of

this motion, been generally circulated in the State of North

Carolina to the populace thereof.

10. That the latest session (Third Extra Session) of the

North Carolina General Assembly re-convened for the fourth time

during the night of April 26, J-9B2 in Raleigh, North Carolina,

having been convened by order of the Defendant Governor only a

few days beforehand, conducted 4o public hearings concerning the

proposed redistricting and failed beforehand to inform the

public of any proposals as to districts or filing period and

within twenty four (24) hours adopted the plans and the filing

period whi-ch is the subject of this motion.

I1. That the Constitution of North carolina (Article II,

Sectj-on 3 and Article II, Section 5) mandated that the North

Carolina General Assembly adopt its redistricting plan at the

First Regular Session (198I); that elections be held in the

following year (Lg82) (Article II, Section B); that N.C.G.S. 163-

106 (c) has traditionally allowed approximately two (2) months

as the filing period; that such lead times and filing periods were

-3-



designed, among other reasons, t-g allow a reasonable period of

time between redistricting and fi,ling and a reasonable time for
i

filing; that the procedure now cqntemplated by the North Carolina

General Assembly aLlows a maximum of ten (10) clays from passage

of redistrj-cting to filing deadline; that such time restraints are

unreasonable and therefor contrary to Article l, Section 19 of

the Constitution of North Carolirla, and the Fifth Amendment and
I

Fourteenth AmendmenLs to the Conltitution of the United States.
I

Unless restrained the Defen{antsr actions will have the
I

immediate effect of being in vio\ation of the Voting Rights Act
I

and if tF" filing period j-s not {isallowed under the Voting Rights
I

Act the acceptance of fitings by lcandidates will be a violation
I

of the Constitutions of North Calolina and the United States
)

and d.eprive potential candj-dates land especially racial minority
i

candidates a reasonable period o{ time within which to determine
I

what district they reside in and rthe efficacy of their candidacy.

If an injunction is not issued inFnediately an irreparable injury,

Ioss, and damage witl result to the Plaintiffs and all potent.ial

canclidates by reason of the threqtened action of the Defendants

as more particutarly appears in \his motion and verified Complaint

and supplemental Complaint. Wit\out the injunction being issued
I

the Plaintiffs have no adequate 
lemedV 

at law.

This the 2g:dn day of April , \SAZ.

Attorneys for Plaintiffs,
et al-.
309 North Main Street
Salisbury, North Carolina
Telepho4e: 704-637-1500

Robert N. Hunter, Jr.
HUNTER, HODGMAN, GREENE &

Altorneys for Plaintiffs,
et aI.
P. O. Box 3245

Alan V. Pugh,

28L44

GOODMAN
AIan V. Pugh,

Greensboro, North Carolina 27402
Telephone: 9L9-373-0934

Arthur/J. Donaldson
BURKE & :DONALDSON

-4-



CERTIFICATE OF SERVICE

This is to certify that the undersigned attorney has
this date served Motion and Notice of lviotion in the above entitled
action upon each of the parties* to this cause by the method
checked below:

_6.

6
Zr/ day ofThis

c.

Depositing a copy hereof postage prepaid in a
post office or official depository under the
exclusive care and custody of the United

' States Postal Service properly addressed to
the attorney(s) for said party(ies).

Handing a copy hereof to the attorney for
said party(ies).

Leaving a copy hereof with a partner or
employee at the office(s) of the attorney(s)
for said party(ies).

, L982-.

BURKE & DONALDSON
309 North Main Street
Salisbury, North Carolina 28L44
Telephone: 704'637-1500

*IvIr. James C. Wallace, Jr.
Deputy Attorney General for Legal Affairs
North Carolina Department of Justice
Post Office Box 629
Ra1eigh, North Carolina 27602

Mr. Jerris Leonard
900 17th Street, NW

Suite 1020
Washington, D.C. 20006

J. Levonne Chambers
James E. Ferguson, II
l,eslie J. Winner
Chambers, Ferguson, Watts, Wallas, Adkins & Fuller, P.A.
Suite 730
East Independence Plaza
951 South Independence Boulevard
Charlotte, North Carolina 28202

Jack Greenberg
Napoleon Williams
Lani Guinier
Suite 2030
10 Columbus Circle
New York, New York 10019

1

Arthur J{ Dona



GE}ERAL 

'S$M3.Y 
ff t€fiIH CAREtrA

SECOND EXTRA SESSION 1S2

aoosE DBnl 152-LB

Sbort fitle: Prilary Election Scbetlule.

6/

(Public)

Sponrorr: Bepresentative Douglas CJ'arI'-

Beferred to:

T A BILL TO BB Ef,TITLED

2 IX ACT OF LIiITED DUBITIOX TO SCBEDULE TE8 PEITTBT ELECTIOXS IU

3 1982 oDrr.

rl The Geaeral Asselbly of xorth Carolioa enacts:

5 Section 1. f,otuitbstanding aDy otber Prorisions of lar

6 to tbe cootrary, the prirary election scberlule, PursuaDt to G.S.

7 t63-1(b), to be conclucted in tlorth Carolina ia 1982 only, sball

8 be postponetl antt conrlucteil on Thursday, June 10, 1982, uith a

9 second prirarlr, if DecessaEl, to be conductecl o.u thursd.y, JuIT

10 gr 1982, consistent rith the schedule bereinafter prescribetl-

1'f Sec. Z- The priuary e.lectioas io 1982 for all offices

1? scbeduled to be noninate<l in lortb Carolisa shall be ortlered by

13 the State Boartl of Elections aail al] couot, boartls of electioas

14 in accordaoce rith the prirary electior tlates specifietl ia

15 Section t herein and in accortlaoce ritb tbe attentlaut ilates set

16 fortb belov:
17 ?riday, April 30, 1982 lt t2:00 Doot caatlitlates

l8 for U-s. House of
19 BePreseDtatires, state
20 Seaate and State Eouse of

21 ' Ey*r Ii "/f "



ASSTMBLY OF NORIH CAROLINA
SECOND EXTRA SESSION 1982

GENERAL
BePresentatives la,

coaleuce filing for'

of f ice-

It t2:00 troon tbe filinq
)

L FridaY, naY 1 " 1982

5

6

7

I
9,

10

2t

?2

2)

2L

?5

period for canditlates for

0.S- House of

Eepresentatives, State

Senate and State Bouse of

Sepreseotatives sball

erpire.

1lEach couDty board of elections shall publish notice of tbe date

lzoftbeprirarye}ectiooandotberelectionstobeheltloDtbat

l3dateaSyellastheopeningaudclosingdatesforfitingforthe

llr of f iCes of u. s. Ho use of Bepresentatives' state Senate antl state

15HouseofRepresentativesaSguicklTaspossib}efollouiugtbe
l5ratification of this act- this act does not reoPeD tbe filing

1? period for any other office'

18 sec- 3. The registratj'orr books for Persons to be

io the prieary election sball be closed oD ltay
lgeligible to vote

?o 17, 1982-

sec.q.TheStateBoardofElectionsisherebT

authorized,consisteDtyithprovisioosi.nG.S.l63.lsE,toset

tbedatesoDrhichitshallcontluctthecaovassandissueits

certificationoftheresu}tsofthelgS2priraryelections.
sec-5.Thecouutyboardsofelectioosshallcondoct

26tbe caDyass of the results of tbe 1982 Prirarl electious at 1l:00

2?a-r. on tbe 
-saturday forroring the lbursdaY oD uhicb the first

28

House DBE1152



GENERAL ASSTMBLY OF HORTH CAROLIIiA SECOND EXTRA SESSION 1982

1 aod secoDd pri oari es are conducted ancl ar€ hereby authorizetl to

2 utilize the Decessary county goYerDEeBt facilities and

3 acconuodations in order to colplete said responsibilities.

lr' Sec- 6. Tbe state r-card of Elections shall prepare and

5 distribute to the county boarcls of elections a Eevisetl PrirarY

6 6lection riuetable 19a2, settiog out tbe applicable filing period

7 for cand-idates for u.s. House of B(PreseotatiYes, state senate

8 and Sta{,e flouse ot RepreseDtatives i long sith aII otber pertinent

9 dates relative to the prirary election tinetable as requirecl by

10 provi si ons specif ied in this act. Each county boartl of electi'ons

I[ shail nake a coPI of the tiuetable available to the Deus ledia'

l2 Sec- ?- The State Board of Electioqs shall ieplerent

13 the provisious of this act and shall be authorized to assign

}L resl,orrsiOii.itie-s at-telrdant tbereto Pur-:uant to provisions

l5conta-irred in G.S- 163-26 and G'S' 163-2'l'

16 Sec. 8. Applications for absentee ballots sball be

1? received consistent vith the scbedole specifiecl ia G'S' 163-

18 109 (b), G.S- 163- 227-2(b) and G.s- r53-22'l . and absentee ballots

19 ror all offices ercept tlortb caroLina state senate aod llorth

?a Carolina state Eouse of tsepresentatires sball be issued prorptly

?l consisten t uith s tat utory requireEeDts- The state Boartl of

22 Elections shaIl rnstruct all couDtt boartls of elections to the

Z) end that a1I regurreoerts coDtainetl in this act are atlherecl to.

?\ Sec- 9. Absentee ballots are autborized for the office

?5 of O-S. House of Eepresentatives and sball be issuecl as qoickly

26 as the ballots ca, be rade available. The requirele.t that

27 absentee ballots shall be available for voting at least 50 claYs

28

House DBH1152



//i

-..
C-ENERAL ASSEIIBLY 0F NoBTH CABoLINA sEcoND EXrRA sESSroN 1e82

] prior to tbe date ot the prinarT shall not apPly rith regard to

2tbe 19ts2 pricary elections oull. Tbe State Board of Elections

3shall instruct the county boards of elections on the procedure to

lrfollou to eusurc erpt,diti('.J5; supplerental issuance by rail to

! each voter rbo previously uas issuecl absentee ballotsr BS

6PronptlyasPossibleaftertheballotsforU.s.Houseof

?BepEesentatives are available if those ballots are not tet

Sarailable rhen the voter applies- llo additional application

!shall be reguired fros aDY voter uhose aPPlication uas approvecl

10 anct to yhon aII otber bal.lots available uere PreYiously railed or

Ilotheruise issued.

i;- sec- 10- Absentee ballots sba1l aot be authorized for

13tbe offices of tiortb carolira state senate or North carolina

}lrStateHousecfhei,gesentatives.forthelgs2firstprirarY

]5eLectious onlY-

16 sec. I 1. Io persoD shall be pernitted to file as a

1?candidate in the prioary for u-s.8ouse of Bepresentatises, uorth

lECaroIiaa State Sellate or North Carolina tsouse of Eepresentatives

1g ubo bas cbanged Lis political party affiliation oE rho has

2Och'aogec froa unaffiliatetl status to Party affiliation as

21 perEitted in G-s- 1b3-7tl (b) unless such PeEsoIl shaIl bave

2? af.fi li a ted yi th the politica I party in rhich he seeks to be a

23can<tidate for at least three uonths prior to the filing deadline

2lrspecifj.ed io G.S. 163-106(c) as uas applicable to alI candidates

?5 fot State and district jucticial offices and aIl couDty offices

25 vbich f ili@d 3t-!?-.0-0--D"11-9I !*.::=v--!-' leq-?'

27

28

Sec- 12. thenever in accordance vith tbe provisions of

Eouse DRBI t52



GENEBAL ASSIMBLY ()F I{OBTH CAffOUNA SECOND EXTRA SESSION 1982

ii"t local or general Jav a prinary or electioo for a board of

2education or otber office is to be held oD the tlate of the

3priEary election, or it is set to be oD the Tuesday after the

5 f irst ionday irr ltay .in 1982, it shall be beltl on the clate

5 provided in sectioD 1 of tbis act, aatt ao, election 'or ruirof f

r schecluled f or four veeks Iater shaII be held on
LJ

7 specified lD Sectiou I for the secoDd Prirarl/'

E .Sec. 13. llireoever in aDy apportionrent plan for the

9 0. S. House of Represeutatives, tlorth Caroliaa Senate or ltorth

lgCarolina House oJ nepresentatives, a preciact is placed in tvo or

11&ore distriCts, anC theEe is a prioaEYr then the county boartl of

12ej'ectton:], urtb ti;e a,p[)roval of the State Board of Elections EaYr

13tor the 1982 PriearY election:

(1) Divioe the precinct into tro or Eore precincts-

(21 Chanqe precioct lioes to place Part of the PreciDct

lgrith a precinct vtrrch has the saEe election district'

1? (3) Kee p t.ire saEe precinct but ascertain either in

18 adyaDce or on the date of the prinary uhich district the voter

lgresides io, ani if a priEarl is being held ia tbat clistrict, give

29 the voter tbe oa.i.Iots f or the appropriate district' This tay be

Zl accouplished by a Paper ballot for the office eYeD if a lachiDe

?Z is used f or ottrer olf ices or otber voters'

?)

?lt

(tr )
provide soLe other procedure to ensure that each

voter does rrot cast ballots in fore than oDe district'

25 In a,jopting a procedure uncler tbis section, the Boarrl

2gshall atteupt to use the retbod vhich is Ieast disruptive to the

27 voter, anil aDy action to cbange precinct liues shall be taken ia

28

the tlate

1L

1(

House DBHll52



GENEBAL ASSIMBLY OF NORTH CAROLINA SECOND EXTRA SESSTON 1982

-

laccordance yith G.s. 163-28 erbept tbat notice shall be given oot

2less than 15 days prior to the prilary election iustead of 20

Irlays prior to rhe close of registratioa'

lr Scc- I q- In case the area in any nilitary reservation

!has beeo placed in several precincts rithout definite lines

6baving been ,fraru, the county board of elections !ay provide for

?the entire nilitary reservatiou to be in oDe election precinct'

g irrespective of tor.nsbi -r J.ines in accordance uitb Section 13 of

gthis act, or it Edy use aD alternative stated in section 13 of

lOthis act. Any actioD under this section rust be approred by the

LI State Board of Elections.

t? Sec- 15. Ir. tte case of a district erecutive corrittee

13underG.S.1e,3-llqfillYacanciesaDoDgPartynonioees

}L occurrlng afLer DorioatioD and before election, in cases vhere

l!part of the county is iu a u.s. House, [orth caro]ioa senate, or

16rortb carolina house district uith atI or part of another couDtY,

1?a couDt)r poli.tical partIL in choosiug Denbers, shall aIlou only

lEdeiegates fror precincts citbin the district to vote in electinq

19 the f,eBbers of the drstrict erecutive co!!ittee- ID a case rbere

Z)a distrrct coDstitutes part of a county standing alone, and the

21 couoty etecutrve coEtrittee is to Yote to fitl the nonination,

22 only treEbers of the cocsittee uho reside rithin the district IaY

2l vote. kules for votiag sball be prescribed by the State party

2lr cbair rao unless thr: State party provides otheruise.

25 Sec. 16- Por the 19BZ prirary election on1y, G'S' 163-

?6 lt2 sLaII be appli ed by substituting i l0 daysil f or n30 ilaysn

2? rherever it appeaEs, insofar as the offices of u'5' Eouse of

28

House DB81 1 52



-u' H. B. No.

. S. B. No.

NORTH CAROLINA GENERAL ASSEMBLY AMEND|\IENT

(Please type or use ballpoint pen)

DATE

Amendment No.
(to be tirled in by
Principal Clerk)

Rep

Sen.

_r t . t \ . t-l1_-lt lq

Lg-r"r* 1r-[ 71, raJ'

a,i1

moves to amend the bill on page -

A4 ln

ADOPTED FAILED

SIGNED

TABLED



GTNERAL ASSEMBLY t)I NORTH CAROUNA SECOND EXTBA SESSION 1982

lRePreseDtatives,NorthCarolinaSenate,oEliorthCarolinatsouse

2 are concerned-

3St]c.lT.IntheeventaDydelayintbeconductoftbe
LPri!afyelt,ctiouil,TgEztortrreofficesofStateSenateorState

5HouseofBepreseutativesbyorclerofaDycourtofcolpetent
5 jurisdiction or because either or both plans of apportioouent

Thave o?. beeu approled under tbe Yoting Bights lct, then the

g priEary for Nortb carorina uoo=" {fi :ortb carorina seoat€ sharl

gnot be held oD June 10, 1982, but sball be beld oD a tlate ordered

lo by the General Assenbly or by a court of coopetent juristliction'

11 A delay rn the prirary for eitber house sha}l clelay the prirary

12 for both-

1]sec.ls.lireprovisionsofthisactshallbeteuporar},

11 and sbaII appl y orr Iy to the lg82priEarIr electious conclucted in

1! lortb caroi.rrra aud its provisions sbaIl erpire oD septeubef 1'

1g1982;houever,itsProYisionsshalltenporarilysuspentlall

1?reguireoents ir lay to tbe coDtraEy until the date of erPiration'

lSsec.lg.Acopyoithisactshallberailedtoeach

lgcount;DoarcotefectionsbytheLegislaticeServicesoffice
2Cirpediately upolr ratrfication'

21Sec.?l.Section3.ofChapterll3o,SessionLausof
22 1gg1, and Chapter 3 of Ertra session Lavs of 1982, First Ertra

2lSessi'orr, iu its entirety, are repealed'

?Lsec.2l.ThisactisetfectiYeuPoDratification.

?5
/.

26 t4't'-
?1

28

7
House DBil I152



t\vr .!,! I I ir

NORTH CAROLINA GENE R,At. ASSEf\iBLY AT,1ENDI.'lENT

(Picase !,iJ;: c.r,' usa. b:,ltpoint pen)

COI,X.i. SUB. fOR HB 2 DATE

Amendment No.

H. B. No.

S. B. No.
(to be filled in by
Principal Clcrkl

Rep.

Sen.

rnoves to amend the bill on page 7 26
by- ..idin9 tv.'r) ne\i sectio:rs to read:

"Sec. 19.2, f n the case _ol__npl'__Jec_ql_e.l1c_tiq.tUq_-ir_e hel(_1_grlQgr

c . ri . I 6 3 - ?9J - qr_ _9-,__S_._1 5 9 - Cr I q4__.)_qy1:e__-] Qr_ L? 9-2,_-Jl-r-sl-D9-t-Lq.e-.-5lrp-I l--be-

._-ii..,l-i:-;ircC_a-_t_i5_;;_t_qg,_i,t;n _{aL-:l_c[..rq--1.gg-1;;_tg-iit-i-o:1-bq9]ts--Ar-c:---t-o-E'1r-.r-qc, _-

I .!lie-t- !i.e!--?!- 
-4-a):9 -o-L-]l--cre-ys-r--r-e-s-ts!s$ve-1L.-Lh-e-r11g-ls-tr-a! 

i qn .L1qo-k5 fsr

e_1_1__-c]_ce't1!irs _t_o-_bs- ire.l-Q-qD-!-p!r-e--l.Q--f-9-92-si-al-L clQ.ss- en-l'1a)'-17."-198?,-

gr___tl_i:c _G:-:l.'q_r_e_L_9!_;_'-ut_q9,__L]ls_ELC'a\ilI:'rs'l-er issli-ancr-o-f-s:hseiljec-]allot

_q:.i:-I-iSe$o_ns_a-le_f c_L_-o-1:s-€!o!-r abs_qp-Lect-y_oJ-i-ng,--gha-Ll-ire- Nonday, June-J-,-

igQ_?_-f_qr__r-b_el_]_ra!_!r-i_Il--r:-!-,-ano--:-uc9dai,, --'Iul!,-.-6,-I9-82-.Lor-the second

E-i-nar j'. "
,d l^, t'

-I-r=uj*Jrer'-e.;-n-d-C:r i)eac --l 
r jo"t-l !---in ou,Jh /J J:y--r-evrriiugJecti on 'l0

!!_L9-1sj_ lee:q,__1_9_.__l;bigltj_cq_]l_11_!q!s-*11_L be-:ut-[q-r-iz-g=Q--for-Ure--o-E-f-i-c-es

-o_f_.!,_C_._-Sla_t.g_-!_enqte _1tC_li.Q_._l!_o_tr9-q-o;5-_8epf e-s-9-DJ-Aliy-q-s--&.f--!-!:e--l99-2-'. -
F:I_i_r!a._r_y_r__?-!_d._f_or -t_he 

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U.S. Dtparuntnt of Justkt

CivilRights Division

Olfia of thc Arthtoat Attoncy Gcncrel Pothirytoa, D.C. 205r0

19 APR 1982

Jerrls Leonard, Esqulre
Jerrls Leonard t Assoclates I P.C.
900 Seventeenth Street, NW

Sulte 1020
l{ashlngton, D.C. 20006

Dear Hr. Leonard:

Thls ls ln reference to your submlssion on behalf
of the state of North carollna of the t"ei"trictlng -'r
plans for the North carolina senate (senate BiII r) and
tne State Eouse of Representatlves (House BilI 1), and a
Jaw changing the candidate fillng period and primary
election-daLee for 1982 (House BIII 3). your submission,
pursuant to section 5 of the voting Rights Act of 1965, 

I

"" amended, 42 U.S.C. I973c1 LJde recelved on February !

23, I982, and Lras supplemented with requested addltlonal
iniormation recelved on April 6, 198I. A8 requested, we

have given your .submisslon expedited conslderatlon.

At the outset, we belleve lt ls aPProPrlate to
review recent sectlon 5 objections interposed by the
Attorney General to vottng changes ln North Carollna,
inasn,uch as the bases for thoge objections provide a
relevant context for our review of the submitted Senate
and House redistrictlng Plan3. As you know, on November
30, 1981r dIt objectlon was lnterposed to a 1967 amendment
to the North Caiolina Constltution that Prohlbited the
State from dividing counties during redistricting of the
House and Senate. Our analysls of that amendment showed
that adherence to the ProhiLltion necessarily reguired
the use of large multilmember dlstricts, which in turn
had the prediciable effect of submerglng tle -votingstrength of cognizable concentrations of black citizens
throughout the State.

Flt tl tT "b "



Int

2

On December 7, fgbf, objections were interposed to
the Senate reapportionment plan and to the Congressional
redistricting plan. With respect to the Senate plan,
our analysis showed that the statets reliance on the
cons.titutional prohibition against dividing counties
had resulted in a submergence of black voting strength
in several covered areas of the State. Subsequentlyr oD
Jan rary 20 t L9A2r dD objection was interposed to the
Hou : plan because it, too, would have resulted in a
subi,rergence of black voting strength. Both the Senate
and House plans had employed large multi-member districts,
a forseeable conseguence of the Statets adherence during
redistricting to the 196? constitutional amendment.

Fotlowing these objections to the 1957 constitutional
amendnrent, and to the earlier reaPPortionment P1ans, the
State of North Carolina formulated the ne!, redistricting
plans under submission here. In contrast to the earlier
oUjected-to plans, the plans developed in 1982 by !h'
Stlte divide numerous counties. Consequently, a simple
comparison of the racial Statistics in the'old'and the
ne*iy-proposed plans does Iittle to shed tight on whether
the iut*ittea plans 'fairly reflect the strength of black
voting Pobrer as it exists.
States, 490 F. SUPP. at 58I.

State of MississiPPiissippi v. Unitedi ted

The submitted plans are a substantial improve-
ment over the objected-to plans because, in several
covered areaS, the State has endeavored to create dis-
tricts in which black voters are now given a reasonable
opportunity to elect canoidates of their choice where
tiily had n6ne before. The Senate and House plans in
Guiiford County create such districts, fot examPle.
On the other hino, each plarr continues to have a single
objectionable feature under Section 5, as those plans
affect some of the covered counties. We briefly describe
below the bases for these objections.



3-

With resPect to the subm:'+'-ed Senate plan, the
State proposes to create a majority black district in
the northeast area. This district, No. 2t contains a

51.7S black poPulation. our analysis shows that during
the Senate Redistricting Committeets consideration of \

this dlstrict it was widely recognized'-hat at least a

551 black population h,as necessary in t his district if
black voters were to have a reasonable chance of electing
a bandidate of their choice and the re( 1rd before us
contains substantial evidence that such a comPact, non-
gerrynrandered district easily cguld be drawn in this
irea. Notwithstanding these facts, however, the State
enacted a plan which r dS noted above, Provides for only
a 51.71 black PoPulation Percentage.

Respecting the House p]an, the State ProPoses to
create one single-member district in Cumberland County,
with the rernainaer of the countyrs population to elect 4

reLresentatives in a multi-member dlstrict. While the
singLe-member district appears to be overwhelmingly
f'1a6k in its acLual voting population (due to the inclusion
of traditionally non-voting population from Fort Bra99),
the StaLers plan leaves nearly three-fourths of
Fayettevillels black community with their voting strength
=r-b*"rged in the white najority nulti-member district.
Several reasonable alternatives to the Statets proposal are
available, including the drawing of a second sin91e-member
district wherein blick voters would have a fair oPPortunity
of, at a nrinimum, strongly influencing the outcome of the
election in that district.

In light of the above, I am unable to conclude, as I
must under Section 5 of the Voting Rights Act, that the
Senate and HouSe reapportionment plans are free of a racially
discrinrinatory PurPose and effect. Accordingly, on behalf of
the Attorney 6"nerLl, I must interpose an objection to both
plans.



FinallyrtheSt.atehasproposedtochangethe
candidate f lfiirg perlod and to change the date on which
prtmary electiois-wi11 be held. Those change-s are-contln-
!L"t ,r!on the State obtalnlng preclearance of the.Senate
ind Rouse redi-trictlng plansr ih event vhich has not
t;a t"i"n p1ace. Accoidlngty, lt_1s our vlew that these
ihar,g"s are not rlpe for Section 5 review. See, €.$.1
ZA ClF.R. 5I.?. We stand ready to examlne these changes
;; i' expedited basis togethrer-wlth any modlficatlons to
the Senate and House plans that. the State rnay wish to
make.

of courser 3s provided by section 5 of the voting
Rights Act, you have the rlght to.seek a declaratory
,;;;*;"t fioi the united Stites Dlstrict Court for the
6i"Irlct of Columbia that these votlng changes have
neither the purpose nor wl11 have the effect of denying
or-abridging'the right to vote on account of race, color'
;; memUeisnip 1n a ianguage minority grouP. In additlon,
the procedrrl= for the Ad;tnistratlon of Sectlon 5 (28
c.F.R. 5I.21(b) and (c), 51.23, and 5L.24) Permit ^you to
ieguest the Ati,orney-GeneraI to reconsider the objection'

.However, until the 6bjection is withdravrn or the judgment
from the Distrlct of Columbia court is obtained, the
effect of the obJection by the Attorney General l: to
,ui" the redlstricttng pllns for the Senate and State
House of RepresenLatlvel 1ega11y unenforceable 1n the
covered counties.

If you have any questions concerning this- letter'
please feei free to clfi Mr. J. Gerald Hebert, the attorney
in rhe voting-s""tion (202-724-62921 who is asslgned to
this matter.

Sincerely,

tJB
Wn,.

Assistant
CiviI

-\

Attorney General
Rights Division