Correspondence from Chambers to Williams

    JULIUS LEVONNE CHAMBERS
JAMES E FERGUSON. II
MELVIN L WATT

JONATHAN WALLAS

KARL ADKINS

JAMES C FULLER. JR.

C YVONNE MIMS

JOHN W GRESHAM

RONALD L. GIBSON

CHAMBERS.

FERGUSON. WATT. WALLAS. ADKINS 8: FULLER. RA.

ATTORNEYS AT LAW
SUITE 730 EAST INDEPENDENCE PLAZA

951 SOUTH INDEPENDENCE BOULEVARD

CHARLOTTE. NORTH CAROLINA 28202
TELEPHONE (704) 375-8461

March 5, 1981

Mr. Napoleon B. Williams, Jr.

NAACP Legal Defense and
Educational Fund, Inc.

10 Columbus Circle — Suite 2030

New York, New York 10019

Re: North Carolina Reapportionment

 

Dear Napoleon:

Thank you for your letter of February 20, 1981. You indicate in
your letter that the Fund may be able to assist us in our re-
apportionment efforts ”if it turns out that we have the basis for
a substantial claim.” I trust that you appreciate that all our
claims are Hsubstantial."

During theTESt three or four months, I have been meeting with

Steve Suitts of the Southern Regional Council, Dr. Raymond Wheeler,
also of the Council, and Richard Klein and Leslie Winner of Legal
Services of North Carolina, exploring the possibility of some liti-
gation which would encourage affirmative drawings of representative
districts in order to improve the opportunity of minorities for
election to the State House or Senate or"to Congress. We have been
focusing on the congressional districts and the House and Senate
districts of North Carolina.

With respect to the congressional districts, we get no new repre-
sentatives with the 1980 Census. A bill has been submitted to the
Legislature (see Item 1 attached hereto) which basically re-establishes
the same districts. There is a move afoot, however, to redraw the
congressional districts, particularly for Mecklenburg County, the

Ninth District, Guilford County, the Sixth District and Durham County,
the Fourth District. The changes being proposed, particularly for

the Fourth District, will improve minority opportunities.

Mr. Napoleon B. Williams, Jr.
March 5, 1981
Page Two

Reapportionment of the House and Senate districts poses a problem
because of Article l, 51 and Article 2, §5 of the North Carolina
Constitution. The Constitution prohibits dividing a county for
the purpose of establishing a House or Senate district (see Items
2A and 2B, memoranda of Leslie Winner, attached hereto).

Steve Suitts' memorandum of September 2, 1980 (Item 3) shows that
minority election possibilities can be improved if separate
districts could be established within counties or by combining
two or more counties.

The present population and racial composition of the House and
Senate districts are shown on Items A and 5.

Since several North Carolina counties are now subject to §5 of the
Voting Rights Act, see Items 6 and 7, we have been trying to determine
if we could use §5 or §2 in trying to impose an affirmative obligation
on the State in redrawing the districts. We have also looked briefly
at some other possibilities (see Item 8 dealing with the Revenue
Sharing Act).

I am also enclosing some miscellaneous news articles and material.

It now appears that the Legislature will have to come back in a
special session. We are interested in instituting a proceeding

as soon as possible challenging the State constitutional provisions
which prohibit setting up separate districts within counties or
from establishing a district across county lines and in trying to
establish an affirmative obligation on the State in re-districting
to establish districts which improve minority opportunities for
participating in or in being elected to State House and Senate
districts and to Congress.

Our next meeting has been scheduled for March 9 at 12:30 at this
office. If possible, we would very much like for you to attend.

Sincerely yours,

e nne Chambers

JLC:md
Enclosures
cc: Steve Suitts
Raymond Wheeler
Richard Klein, Leslie Winner