Gingles Plaintiff's First Set of Interrogatories and Requests to Produce

    6
T

IN THE UNITED gtETES DISTRTICT COURT
FoR THE EASTERN DISFRICT oF NoRTH CARoLINA

RALEIGII DIVISION
:

(

RALPH GINGLES, €t dI., T1

Plaintiffs,

V.

RUFUS L. EDMISTEN, €t aI.,
Defendants.

No.81-803-CIV-5

ALAN V. PUGH, €t dI., )
Plaintiffs, )

v.

JAMES B. HUNT, JR., et aI.,
Defendants.

No. 81-1066-CIV-5

JOHN J. CAVANAGH, €t aI.,
Plaintiffs,

v. No. B2-545-CIV-5
I

ALEX K. BROCK, et dI., )
Defendants, )

-and- )

)
RALPH GINGLES, €t d1., )

Defendant-Intervenors. )

GINGLES PLAINTIFFS I FIRST SET OF
INTERROGATORIES AND REOUESTS TO PRODUCE

I. Introduction
Pursuant to Rules 33 and 34 of the Federal Rules of Civil

Procedure, praintiffs request that defendants answer fulty in
writing and under oath each of the folrowing interrogatories
within 30 days after service. These interrogatories sharl be

deemed continuing to the extent required by RuIe 26(e), F.R.Civ.p.

For each request to produce, plaintiffs request that defen-

dants produce all requested documents at the law office of LesIie



J. Winner, 95I South Independence Boulevard, Suite 73;,

Charlotte, North Carolina 28202 within 30 days after service or

at such time and place as is mutuarly agreed upon by counsel for
the parties.

I I. Def initions
1. "North Carolina General Assembly" is used to include

the North Carolina House of Representatives and the North
{

Carolina Senate, collectively and separately.

2. "House" or "House of Representatives" means the

North Carolina House of Representatives.

3. "Senate" means the North Carolina Senate.

4. "stater" when used as a noun, means the State of North

Caroli na.

5. "Identify" when referring to a person means state the

namer. race, county of residence, home and business address and

terephone number, elected office herd, and job titre (if emproyed

by the State of North Carolina).

III. Interrogatories and Requests to produce

I. A. For each of North Carolina's I00 counties and for
the state as a whole, state the number of people who were

registered to vote for each of the following years: 1940, 1950,

1960 , i-9'70 | L972, L974, L976, L978, 19B0 and L982.

B. For each county for each year, how many registered

voters were white, how many were b1ack, and how many were

another race?

2. FuIly describe the requirement for registering to

vote in North Carolina including permissible times and places for

-2-



registralion and any qualifications, test, tax, or other pre-
requisite to registration or voting proscribed, suggested, or

allowed by any state statute, rule t oE regulation for each of the

following years: 1900, 1910, L920, I930, L940, 1950, I960, L964,

1968, 1972, L976, 1980, L982.

3. Produce copies of every rule or regulation adopted by

the North Carolina State Board of Elections or in use in North

Carolina which governs or governed the timer place, qualifica-

tionsr oE prerequisites for registering to vote or for voting or

for the appointment of registrars applicable during each of the

following years: I900, 19I0, L920, 1930, I940, 1950, 1960, L964,

1968 | L972 , L976, 1980 , l-g92.

4. For each election to the House of

Representatives and Lhe Senate beginning 1966 state:

€r. The name of each black condidate for election and

his/her county of residence;

b. The counties or townships composing the district
from which he/she was running;

c. The number of representatives to be elected from

that district;
d. The name of the political party whose nomination

was sought or received;

e. The number of voLes the black candidate received

in the first primary;

f. The number of votes each other candidate received

in the first primary;

g. The number of votes the black candidate received

in any run-off primary;

-3-



h. The number of votes each other candidate- received

in the runoff primary;

i. The number of votes the btack candidate received

in the general election;
j. The number of votes each other candidate received

in the general election;

k. The racial composition of population of the

district;

1. The racial composition of the registered voters in

the district.
5. A. For each election identified in your answer to

Interrogatory No. 4, identify each one in which defendants

contend that racially polarized voting did not occur and identify
all data which supports the conclusion that raciatly polarized

voting did not occur.

B. Produce copies of all data identified in your

answer to Interrogatory 5A.

C. Identify each expert witness who defendants have

consulted concerning the existence of racially polarized voting

in North Carolina.

6. Identify every black person who was elected to the North

Carolina House of Representatives or Senate between 1900 and L9B2

and state the dates of his/her term of office and the House or

Senate district which he/she represented.

7. State every reason which justifies the North Carolina

constitutionrs prohibition against dividing counties in the

creation of legislative districts.

-4-



8. For each session of the General Assembly starting with
I965, state:

d. The total number of chairmen of standing

committees appointed by the Lt. Governori

b. The total number of vice chairmen of standing

committees appointed by the Lt. Governori

c. The total number of chairmen of standing committees

appointed by the Lt. Governor who were black;

d. The total number of vice chairmen of standing

committees appointed by the Lt. Governor, who were black;

e. The total number of chairmen of standing

committees appointed by the Speaker of the House;

f. The total number of vice chairmen of standing

committees appointed by the Speaker of the House;

g. The total number of chairmen of standing committees

appointed by the Speak of the House who were black;

h. The total number of vice chairmen of standing

committees appointed by the Speaker of the House who were

black;

i. Identify each black committee chairman or vice

chairman, state the year he/she was chairman or vice

chairman, and state the name of the relevant committee.

9. A. Identify by name, race and county of residence the

members of the committees which proposed the apportionment of the

Senate and of the House of Representatives in each of the fo1low-

ing years; L966, 197I, 1981.

B. Describe the method of selecting the membership of
each of the committees listed in your answer to Interrogatory 9A.

-5-



I0. For each year in which the North Carolina Competency

Test has been administered, give the percentage students in each

county who failed the reading portion, the math portion and both

portions by race.

11. A. For each year since 1960, state the total number of

white peopre and the total number of brack people who applied for
employment referral to the North Carolina Employment Security

Commi ss ion.

B. For each year since 1960, state the total number of

white applicants and the total number of black applicants who the

North carolina Employment security commission placed in jobs in
each of the following categories:

1. Professional or managerial;

2. Clerical and sales;

3. Skilled;
4. Semi-skilled;

5. Service;

6. UnskilIed or other.

If statistics are kept by other equivalent or cornparable cate-
gories, in the alternative, stubstitute those categories in your

answer to Ehis interrogatory.

L2. A. For each year since 1960, give the percentage of

each of the following categories of employees the North Carolina

General Assembly which were fiIled by black employees:

I. Fiscal Research professional staff;
2. FiscaI Research clerical Staff;
3. Bill Drafting professional staff;

-6-



4. Bill Drafting clerical Staff;
5. General Research professional Staff;
6. General Research clerical Staff;
7. Atl other professional Staff; and

8. AIl other clerical Staff.
Note: Include in your anshrer the racial composition of any

division, department t ot group of employees who previously

performed some or all of the duties currently performed by these

eight groups of employees no matter what name was assigned to the

positions.

B. In the alternative to L2A, produce lists of all
employees of the General Assembly for each session since 1960 and

indicate the job title or position and race of each employee.

C. Produce copies of the EEO-4 reports which have

been prepared by the North Carolina General Assembly for sub-

mission to the Equal Employment Opportunity Commission.

13. A. List every board, authority, study commision,

commissionr oE other governing body to which either the House,

the Senate, the General Assembly, the Speaker of the House, or

the Lt. Governor (President of the Senate) has had the authority

to appoint members (either members of the legislature or members

of the public) for each year since 1965. Briefly describe the

function of each.

B. For each year since 1965, for each such board,

authority, study commission, commission, or other governing

body, list the name of the person or body which had the authority

to make the appointment and the number of people who were

-7-



appointed by each who were black, who were white, and yho were

another race.

L4. Identify by name, county of residence, and race every

person who has served in the North Carolina General Assembly

after 1965 who initially served by virtue of appointment. For

each such member, identify the group, personr oE body which made

the appointment, give the date of the appointment, and the dates

of the term served.

15. A. Identify every black person who has been elected

to statewide office in North Carolina or to the United States

Congress from North Carolina since 1900. For each such person,

state the date of his/her election, the name of the office held

and the term of office,
B. For each such black official, state the number of

white people who served in the same or a parallel position at

the same time (for example, in L982 Charles Becton was elected as

one of 12 Court of Appeals judges).

16. Identify every black person who has run for statewide

office or for the United States Congress since 1960 who was not

elected. For each, state the name of the office sought, the date

of the election, whether the black candidate was defeated in

primary, run-off, or general election, the political party whose

nomination was sought or received, and the percent of the vote

received by the black candidate in each county (or the number of

votes received in each county and the total votes cast in each

county).

l7. For each year since 1940, Iist the total number of

members of the North Carolina State Board of Elections, the

-8-



number who were white, the number who were black, and the number

who were another race.

18. A. Produce a copy of every map presented to the

Senate or House Redistricting Committee or produced by an

employee of the General Assembly in 1981 or L9B2 which included

one or more majority non-white representative districts. Include

all maps whether they covered the whole state, only a portion of

the stater oE only one county.

B. For each such rndpr state who produced it, the date

it was presented to a committee, the name of the committee to

which it was presented, and, if not presented to a committee, the

name of each senator or representative to whom it was showed.

19. For each of the following counties or groups of

counties, state every reason why the House and the Senate were

apportioned in a manner that did not create any majority black

representative districts:

a. Wilson Co. , Edgecombe Co. , Nash Co.;

b. Wake Co.;

c. I'lecklenburg Co.;

d. Durham Co.; and

e. Forsyth Co.

20. A. Has there ever been an anti-single shot vote

requirement (or fu1I slate vote requirement) enacted, adopted,

or in effect anywhere in North Carolina?

B. If sor for each such requirement, state the date it
was adopted or enacted, the counties to which it applied, the

elections to which it applied, the name of the body which adopted

-9-



or enacted it, every reason or

date its use was discontinued,

d i scont i nued .

rationale for
and the reason

the requirement, the

its use was

2L. A. Has there ever been a numbered seat or numbered

post provision adopted or enacted for elections to the House or

the Senate?

B. If Sor for each such numbered seat provision,

state when it was adopted or enacted, the counties or districts
which it applied, the name of the body which adopted or enacted

it, every reason or rationale for the provision, the date its use

was discontinuedr dnd the reason its use was discontinued.

22. Describe the operation of the majority vote requirement

in North Carolina, when was it adopted, by whom, and pursuant to

what authority. To which elections does it apply? State every

rationale or reason for this ruIe.

23. Identify each voting qualification or prerequisite to

voting, or standard, practice, or procedure with respect to

voting different from that in force or effect on November I,
L964, which has been enforced in North Carolina which (a) was not

submitted to the Attorney Gneral of the United States or to the

United States District Court for the District of Columbia pur-

suant to 55 of the Voting Rights Act of 1965i or (b) was enforced

prior to the termination of the 55 preclearance proceedings; or

(c) was enforced after the Attorney General objected to it.
24. List every voting change which has been submitted

by North Carolina to the Attorney General of the United States

- 10-



pursuant to 55 of the Voting Rights Act and to which the Attorney

General has interposed an objection. Give the date of the

objection.

25. A. With reference to paragraph 2 of the Reapportionment

Criteria attached as Exhibit Ar to the Affidavit of William

Kenneth Hale dated December 22, L982, state every step which was

taken to comply with this standard in each of the following

counties or groups of counties:

d. WiIson, Edgecombe, Nash;

b. Mecklenburg;

c. Wake;

d. Forsyth; and

e. Durham.

B. State every reason why no district was created

in any of the counties listed in Interrogatory 24A which con-

tains 50t or more of a racial minority.

26. Describe every candidate slating process, whether

formal or informal, which is now in use or has been used

at any time since 1950 for selection of candidates for the North

Carolina General Assembly.

27. Produce every study, reportr or other document which

discusses, describes, analyses, or compares the salary and/or

responsibility level of black employees of the State of North

Carolina at any time since 1965.

28. Produce every study, reportr or other document which

discusses, analyses, describest ot compares the salary,
income level, or nature of employment of black residents of

North Carolina at anytime since 1965.

-lr-



29. Produce every document, studyt ot report whfch dis-
cusses, describes, analysesr oE compares the leveI of education,

number of years of education, or Iiteracy rate of black residents

of North Carolina at any time since 1965.

30. Produce every document, studyt oy report which

discusses, describes, analyses, or compares the number or

percent of black workers of North Carolina who are or have

been unemployed at any time since 1965.

31. Produce every document, studyr or report which

discusses, describes, analyses, or compares the adequacy

of housing for black citizens of North Carolina or substandard

housing occupied by black residents of North Carolina at any

time since 1965.

32. Produce every document, studyr or report which

discusses, describes analysest oE compares life expectancy,

malnutrition, or infant mortality rates for black residents of

North Carolina at any time since 1965.

33. Identify every person which defendants expect to call
as an expert witness at the trial of this matter and state the

subject matter on which such expert is expected to testify, the

substance of the facts and opinions to which the expert is
expected to testify, a summary of Lhe grounds for each opinion

and identify each document upon which the expert will rely in
giving his/her testimony.

34. Identify each expert which defendants have consulted

in preparation for the trial of this matter or in preparation

of the submission of the apportionment of the General Assembly to

the Attorney General pursuant to 55. For each, give the subject

-L2-



matter on which the expert was consulted.

35. For each interrogatory (1-33), identify each person

providing information used in defendantsr answer to that inter-
rogatory or request to produce.

This fl- day of January, 1983.

Respectfully submi tted,

hlU^i ,il*L
LESLIE J. WINNER
Chambers, Ferguson, Watt, Wallas,

Adkins & FuIler, P.A.
951 South Independence Boulevard
Charlotte, North Carolina 28202
704/37s-846r

JACK GREENBERG
LANI GUINIER
Suite 2030
10 Columbus Circle
New York, New York 10019

Attorneys for Defendant-Intervenors

- 13-