Affidavit (Group Exhibit D)

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AFFIDAVIT ,h*? 6//f"t D

Williarn Kenneth Hale, being duly sworn, deposes and says:

1. I am an attorney licensed in the State of North Carolina and am

empJ-oyed by the North Carolina General Assenbly. I served as chlef

counsel to the House LegisJ-ative Redistrlcting Conmittee (hereinafter

the Comittee) for the 1981 General Assenbly.

2. On January 28, L982, the Comnittee adopted a set of criteria, based

on federal and State redistrlcting requirements, to guide it in

creating representative distrlcts for the North Carol-ina General

Assenbly. (A copy of these criteria ls attached hereto as Hale

Affidavlt //2 Exhibit A'and is hereby incorporated by reference as if

ful1y set forth herein.)

3. I was present at the Corrnittee meeting during the morning of February 9,

L982, at which Representative Robie L. Nash made a motion to divide his

two-uernber districi (comprising all of Rowan County) into two slngle-

member dlstricts. (a copy of the minutes of this meetlng is attached

hereto as Hale Affidavit //2 Exhibtt B/and ls hereby incorporated by

reference as if ful-ly set forth herein.) At that partlcular time there

was a tremendous amount of work to be done in a short period of time,

the result of whlch was that no one reallzed that the Cormnitteers criteria

prohibited this action. The bill-, with Representative Nashrs change

incorporated, was reported favorabl-y to the floor of the House of

Representatives. (a copy of the Committee Substltute for House Bil-1 1,

adopted 2/g/82, is attached hereto as Hale Affidavit il2 Exhiblt C/and ls

hereby incorporated by reference as if fulJ-y set forth herein.)

4. Prior to the convening of the House floor sesslon on FebruarY 9, L982,

this error was discovered. The Corrmittee Cochairmen, Representatlves

Robert A. Jones and Daniel- T. Lil-ley, asked Representative Al-l-en Adams

to offer an amendment to restore Rowan County to a two-member district.

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\ I was present during the debate of thls amendment on the House

floor. Representative Adams pointed out that under the Comrltteets

criterla there r^ras no reason to divide Rowan County into two dlstrlcts;

that the relatl-ve devlatlon of the two-member district was well under

* 57"i and the county was not covered by the Voting Rights Act of 1965;

and there was no dilutlon of minority voting strength in the two-member

district ln vlolation of the 15th Amendment of the U.S. Constltution.

As a result of this persuasive argument, the amendment was adopted by

a vote of 77 to 39. (Coptes of Amendment No. 1, the House Journal page

reflectlng this floor action, and the House ro11 call sheet for Amendment

No. 1 are attached hereto as Hale Affidavit /12 Exhibit D/and are hereby

incorporated by reference as if ful1y set forth herein.)

Sworn to and subscribed before me this

4.,'{9 day of M_, Ls82.

My comission Expi ,".d{, , 
*, , . ' ,* l?33

5.

4^tlt^;*%r.,,rtt
Williau Kenneth Hale

Notary Public

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