Defendant's Motion for Approval of Senate Districts etc.

    /
l- \ -,

vjl\

UNTTED STATES DISTRTCT COURT
EASTERN DISTRICT OT NORTH CAROLINA

RALEIGH DIVISION

RALPH GINGLES, et a1., )
Plaintiffs, )

) No.81-803-CIV-5
vs. )

) MOTTON
RUFUS L. EDIIISTEN, et dl., )

Defendants. )

)

NOW COME the Defendants in the above-entitled action

and submit to the Court attached Defendants Exhibits 84,

85, and 86 which document the U. S. Department of Justicers

faj-lure to interpose objection to new state legislative

Senate Districts Nos. 1, 2, 6, 9,10, 11, and L4 as

reflected in Chapter 5, Extra Session Laws of 1984

(Senate Bill L, attached to Defendants' Motion and

Submission of l,larch 12, 1984r Ers Defendants' Exhibit 70) ,

and instructions from the State Board of Elections to
affected counties to tentatively schedule elections in
those districts on JuIy L7 , 1984, pending Court approval

of said districts of 5:00 p.m., May 17,1984, pursuant

to Chapter 2, Extra Session Laws of 1984 (House Bill 3,

attached to Defendantsr Motion and Submission of March 12,

1984 as Defendantsr Exhibit 83).



-2-

Plaintiffs have authorized Defendants to represent

to the Court that they do not oPpose the holding of

etections in the aforementioned districts.

WHEREFORE, Defendants move the Court for approval

of state legislative Senate Districts Nos. L, 2' 6, 9,

10, 11, and 14 and the holding of elections in those

districts on July L7 , 1984.

Respectfully submitted this day of May, 1984.

ty Attorney' General for
egal Affairs

North Carolina DePartment
of Justice

Attorney General's Office
Post Office Box 629
Raleigh, North Carolina 27602

Phone (919) 733-3377



CERTIFICATE OF SERVICE

I hereby certify that I have this day served the

foregoing tlotion by placing a copy of same in the United

States Post Office, postage prepaid, addressed to:

Ms. Leslie Winner
Chambers, Fergruson, Watt, Wallas ,

Adkins & Ful1er, P.A.
951 South Independence Boulevard
Charlotte, North Carolina 28202

Ms. Lani Guinier
99 Hudson Street
New York, New York 10013

Mr. Arthur J. Donaldson
Burke, Donaldson, Holshouser & Kenerly
Attorneys at Law
309 North Main Street
Salisbury, North Carolina 28L44

Mr. Robert N. Hunter, Jr.
Attorney at Law
Post Office Box 3245
Greensboro, North Carolina 27402

This the ) day of

/'



U.S. Department of Justil
CivilRights Division

Ollice ol the Assistonl Attotney Gcnerol

Dear Ms McGuan:

l+tashington, D.C. 20530

Slncerel-y,

2t apR 0a4

-t--r-!._
-\

Kathleen Heenan McGuan, Esq.
The Farragut Building, suite 1020
900 Sevenieenth Street, N.W.
Washington, D.C. 20006

This refers to the primary election schedules (House

Bill 3, Ct,aptei 2 (1984)) ind tha reaPPortionment of Senate
Districts 1, ,-, 6,'t-,-16', 11, gnd l4_ilenate Bill 1, Chapter 5

iitS4ii ,- f"i t6'" st"[. oi lloitt, Carollna, sJrbrn-itted to the
littori-rly General pursuant. to Section 5 of the Voting \ights.
A;i- oi igss, ;;-;;;;;d, 42 tJ.s.c. t973c. lJe received portions
.i-y""r-i"iii.f submis"iot on March 12 and 29, 1984.

The Attorney General does not Inter-pose any objeg-ti91s
to rhe change;-i;-a;"iio". However, we f6e1 a resPonsibility
to point out it"t Section 5 of the Voting 1i8!!:,A:! expressLy

;;Jia;; rhat the failure of the Attorney General .to object
does not bar r;t subsequent judicial-action to enjoin the
enforcement of such changes.- In additionr- 8S authorized by
sect.ion 5, the Attorney General reaerves ihe right-to reexamine
this submissio"--ii additf"""f infomation that would otherwise
r.q"ii.-an objection^comes to his attentlon during the remainder
oi'it. sixty-day-review period. See the Procedures for the
Administration of Section 5 (28 C.F.R. 51.42 and 51'48) '

Sections10,11,|2,end13ofHouse8111-3'Chapter.2,
are viewed ""--"o"Uii"g'Legis1ation. 

Ttrerefore, 1oca1- jurisdic-
tions are not relieveE of"their respo_nsibllity-to seek preclear-
ance, pursuant to _the requirements ilf Section 5, of any changes

;iii ::i:;" i: : l"?;f;#. ai"i ::I:::"if , 3I ":il'ii ;,i: i" :i 3?"'
n""". gif f 3 .' SeL also 28 C. F.R ' 51 ' 14 '

---\-\-\---

Wm. Bradford ReYnolds
AssLstant Attorney General

Civll Rights Division W



ALEX K. EROCX
EXECUTIVE EECRC?ARY-
DIRECTON

STATE BOARD OF ELECTIONS
8U1TE 8OT RALEIOH AUILDINO

6 WEST HARGETT STREET
iALEIGH, NORTH CAROLINA 27CO1

a&

that we shall tentatively
for the State Senate contests
1984. The filing period for
18, 1984 and shall close at

TELE2}IONE
(e rcr rEt.rr?3

April 30, 1984

IIIPORTAITT

SUBJECT: Reapportionment 19841 Senate Distrlcts

FRO!,t

TO County Boards of Elections in counties
comprising the following State Senate
Distrj.cts: #1 , t*2, *5, *9, f 10 and #11

The U. S. Department of Justic'e has issued pre-clearance
of the reapportiorunent effected in 1984 by the General Assemby of
State Senate Districts #1, *2, f6, *9, *10, and #11.

Alex K. Brock, Directo , AXb

Therefore, you are hereby advised
schedule the first primary to be condueted
in the above listed districts on July 17,
Candidates shall open at 12:00 noon on May
12:00 noon on May 25, 1984

We will issue a complete election schedule in a few days. It
Is anticipated that the JuIy 17th speclal first primary wiII be acceptable
to the Court.. Therefor€, proceed to release thls information aa a ten-
tative schedule.

AKB,/Ys



a
$;

pre-clearance
Assembly of

Therefore, You are hereby advised that we shall tentativelyschedu]e the first primary to be conducted for the state senate contestin the above listed district on July 17, 19g4. The filing period forcandidates shall open at 12:oo noon on May lg, 19g4 and sha1l crose at12:00 noon on May 25, 1994.

We will issue a complete
is anticipated that the July 17th
to the Court. Therefore, proceed
tative schedule.

AKB/ys

ALEX K. BROCK
EXECUTIVE SECRETARY_
OIRECTOR

STATE BOARD OF ELECTIONSr
SUTTE EOl RALEIGH BUILOING

6 WEST HARGETT STREET
RALEIGH, NOBTH CABOLINA 2760T

\
W^!!Ajx-

TELE?HONE
(e t0l 73:t-?173

May J., 1984

IfiPOR:rAll"

SUBJEC?: Reapportionment l9g4; Senate Districts

FRoM : Atex K. Brock. Directo, Cylb
TO : County Boards of Etections in counties

comprising State Senate District #14(Harnett, Lee and Wake Counties)

The U. S. Department of Justice has issuedof the reapportionment effected in 19g4 by the GeneralState Senate District #14.

election schedule in a few days. It
special first primary wiIl be acceptable
to release this information as a ten-