Gingles v. Edmisten and Pugh v. Hunt Supplemental Complaint of Plaintiffs Alan v. Pugh, et al. (81-1066-CIV-5) (Rule 15(d) F.R.C.P.); General Assembly of North Carolina Senate Bill 1; House Bill 1; Reapportionment Criteria 1; Reapportionment Criteria 2

    g>

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF NORTH CAROLINA
RALEIGH DIVISION

RALPH GINGLES, Et

vs.

RUFUS EDMINSTEN,

ALAN PUGH, et

vs.

JAMES B. HUNT,

a1. ,
Pl aint i ffs,

et a1. ,
De fend ant s.

af.,
Plaintiffs'

No. B1-B0l-CIV-5

No. B1-1065 CIV-5

JR. , etc. , et aI. ,
Defendants.

SUPPLEMENTAL COMPLAINT OF PLAINT IFFS

EIGHTH CAUSE OF ACTION

48.

As their Eighth Cause of Act ion, Pl aint iffs

graphs l through l'l of their First Cause of Action.

49.

real Iege Para-

That N.C.G.S. 120-1, as most recently amended, institu-

tionalizes 14 multi-member senatorial districts and 1B sin9le

member senatorial districts as set forth in Exhibit rrD.rr

50.

That N.C.G.S. 120-2, as most recently amended, institu-

tionalizes tZ multi-member representative districts and 1B

single member representative districts as set forth in Exhibit
rE.il

51.

That PIaint iffs on the 25th day of November , 1981, filed

their original compLaint against Defendants and since that time

t he Un ited St at es Department o f Just ice under Sect ion 5 o f the

Voting Rights Acts (42 U. S.C. 197t) disapproved the North Carolina

Senate and North Carolina House of Representatives redistricting

p1 ans known respect ively as Senate Bill t1r, Chapter 821 of the

1g81 Session Laws (codified as N.C.G.S. 120-1) and House BiIl

1428, Chapter 1 110 of the 1981 Session Laws (codified as N.C.G.S.

120-2) and the Defendants declined to appeal said rulings of the

UniteC St ates Department of Justice.

ALAN V. PUGH et a1. (81-1065-CIV-5)



5?.

That on the Znd day of February, 1981 , Defendant James B.

Hunt, Jr., Governor of the State of North CaroIina, proclaimed

that pursuant to Article III, Section 5(7) of the Constitution of

North Carolina that the General Assembly of Nroth Carolina meet in

a Second Extra Session on February g, lgBZ for, among other

things r considering and acting upon legislation concerning the

apportionment of the North Carolina Senate and North Carolina

House of Representatives all as appears in Exhibit rrCrr attached

hereto and asked to be considered in its entirety as if set out

verbatim in this paragraph.

53.

That pursuant to said proclamation of Defendant, James B.

Hunt, Jr., the North Carolina General Assembly met on February 9,

19BZ and ratified Senate Bill lt1, Chapter 5 of the Second Extra

Session, 198? by amending Chapter 821 of the 1982 Session Laws

(codified as N.C.G.S. 1?O-1) Exhibit rrDrr) and ratified House Bill

1, Chapter 4 of the Second Extra Session, 1982 (codified as

N.C.G.S. 12O-2) (fxnibit trE'r).

54.

That Article II, Section I and Article II, Section 5 of the

Constitution of North Carolina require that ..."The General

AssembIy, at the first regular session convening after the return

of every decennial census of population taken by order of

Congress, shall revise the Isenate] [Representative] districts and

the apportionment of Isenators] [Representatives] amoung those

districts..."

55.

That the Second Extra Session, 
.1982 

of the North Carolina

General Assembly was not a regular session, nor an adjorned

regular session of the North 'Carolina General Assembly and

therefore was without constitutional authority to enact any 1aw

pertaining to redistricting and reapportionment and therefore its

attempt to enact such legislation is null and void; that the State

of North Carolina is now without any 1ega11y enforecable North

Carolina Senate or North Carolina House redistrictinq Iaw.

-2-



As their Ninth

graphs 1 through 31

Paragraphs 49 and 50

NINTH CAUSE OF ACT ION

56.

Cause of Action, Plaintiffs reallege Para-

ofl their First Cause o f Act ion, along with

set forth he- cin.

57.

That the 1971 enactments of N.c.G.s. 120-1 and N.c.G.s.

1ZO-Z had the purpose to and effect o f discriminat ing against

black citizens of North Carolina in that said 1971 plans submerged

black voting strength through the use of large multi-member

districts.
58.

That due to the growth and shifts in poPUlation in North

Carolina since the enactment of the 1971 North Carolina Senate and

North Carolina House of Representative redistricting laws any

attempt to rely on such plans for future elections wiIl result in

gross malapportionment in both the North Carolina Senate and North

Carolina House of Representatives, in violation of the rights of

plaintiffs and all other similarly situated secured by the Equal

protection Ctause of the Fourteenth Amendment and the Fifteenth

Amendment to the constitution of the united states.

TENT H CAUSE OF ACT ION

59.

As their Tenth Cause of Act ion, Plainti ffs reallege Para-

qraphs 1 through 31 of their First Cause of Action, along with

Paragraphs 49 and 50 set forth herein.

50.

That the North Carolina General Assembly has failed to

make an honest and good faith effort to construct Senatorial and

Representative districts on at least three occasions; that the

North Carolina General Assembly,has on three separate occasions

either created grossly malapportioned districts or submerged the

black voting strength in large multi-member districts; all in

violation of the Fourteenth and Fifteenth Amendments to the United

-3-



States Constitution; that the North Carolina General Assembly has,

in effect, failed to produce constitutional redistrieting plans

and has effect ively Bbandoned its rights to redistrict any further.

ELEVENTH CAUSE OI ACTION

51.

As their Eleventh Cause of Action, Plaintiffs reallege

Paragraphs 1 through 31 of their First Cause of Action, alonq with

Paragraphs 49 and 50 set forth herein.

62.

That the North Carolina General AssembIy, during the February

9, 19BZ Second Extra Session created singJ,e member districts

for both the North Carolina Senate and North Carolina House

for the most part in the Eastern portion of North Carolina

and more particularly in those 40 counties covered by the Voting

Rights Act of 1965; that the North Carolina General Assembly

decl ined, when given the opportunity to do sor to create single

member districts in the Piedment and hestern portions of North

Carolina; that the PUrpose and effect of such actions h,as to

prevent the formation of predominately black districts in Mecklen-

burg, Forsyth, Durham and hake Counties and at the same time to

create the minimum amount of single member districts in the

Eastern portion of North Carolina in an attempt to comply with the

Vot ing Rights Act; that the North Carolina General Assembly had

the statistical capability of creating single member districts in

the above named counties which would enhance black voting strength

but refused to do so; that the purpose and effect of treating

various areas of the State of North Carolina differently was to

submerger dilute, and invidiously discriminate against blacks in

the above named count ies and at the same t ime recogniz ing the

rights of black citizens in only,40 counties of North Carolina,

mostly in Eastern North Carolina; that such actions of the North

Carolina General Assembly were in violation of the rights of

Ptaintiffs and al1 others similarly situated secured by the Equal

Protection Clause of the Fourteenth Amendment and the Fifteenth

-4-



Amendment

Article 1

CaroIina.

to the United States

, Sections 3, 19 and

Const itut ion, 42

t5 of the Const

U.S.C. 1973 and

itution of North

ifTELFTH CAUSE 0F ACT I0N

53.

As their Twelfth Cause of Action, Pl.aintiffs reaflege Para-

graphs 1 through t1 of their First Cause of Action, along with

Paragraphs 49 and 50 set forth herein.

64.

That the presently ratified bi1ls of the North Carolina

General Assembly redistricting the North Carolina Senate and North

Carolina House of Representatives are to all the citizens of North

Carolina, whether they be black, white or Indian, a denial of the

Equal Protection CIause of the Fourteenth Amendment and Article 1,

Sections 3, 19 and 15 of the Constitution of North Carolina in

that they provide single member districts for some areas of the

state and not others for completely arbitrary and capricious

reasons, to wit: avoidance of disapproval of such plans by the

Un ited St at es Department of Just ice under the Vot ing Rights Act

and not on any other rational state policy or basis.

THIRTEENTH CAUSE OF ACTION

65.

As their Thirteenth Cause of Action, Plaintiffs reallege

Paragraphs 1 through t1 of their First Cause of Action, along with

Paragraphs 49 and 50 set forth herein.

55.

That the Senate Committee on Senate Redistricting on or

about January 28, 19BZ adopted " Reapport ionment Cr iteri a r " a copy

of which is attached hereto and marked Exhibit rrF.rr

67.

That the House Legislative Redistricting Committee on or

about February 2,19BZ adopted "ReaPPortionment Criteriar" a

copy of which is attached hereto and marked Exhibit rrG.rr

-5-



68.

That the adoption of said criteria was meant to establish

a single "rational -ate policy" to guide legislations in enac'ing

redistricting legislation.

59.

That the North Carolina Senate

Represent at ives pl ans rat ified at the

the General Assembly were violated

part in t he following part icul ars:

and North CaroLina House of

19BZ Second Extra Session of

by said General Assembly in

(a) The'reapportionment criteria'for the North Carolina

House is different that the 'reapportioment criteriar for the

North Carolina Senate and there is no fact overriding policy

consideration aLlowing differing treatment between these legis-
lative bodies.

(b) The 'reapportioment criteria' for the North Carolina

House provides in part that "...concentrations of racial mi-

norities sha1l not be fractured, divided or diluted or submerged

by the use of multi-member districts, as opposed to single member

districts. . . " I that in fact b l aek vot ing strength was submerged

and diluted in Mecklenburgr Forsyth, Durham and hake Counties.

(c ) The criteria for both houses provides that "A11 J.egis-

lative distriets...shall be as compact as is practicabIe...";

House District 12 is composed of all of Sampson County, all of

Bladen County, and some townships of Pender County; that Sampson

County has a population of 49r687 and is an ideal single member

district having a relative deviation of +1.)7'l and Bladen County

and those townships o f Pender County now included in House

District 12 is an ideal single member district of 48r143 having a

relative deviation of -1.779O; that such district is not as

compact as possible.

70.

That the actions of the General Assembly in failing to

follow its own criteria was arbitrary and capricious and volative
of the Equal Protect ion Clause of the Unites States Constitution

and Article 1, Sections 3r 19 and 35 of the Constitution of North

Carolina.

-6-



71.

Except as supplemented herein the allegations

original complaint are reaffirmed and realleged.

hHtREF0RE' Plaintiffs pray the court that

relief of the original complaint be granted and in

the Court:

Attorneys for Plaintiffs
tO9 North Main Street
Salisbury, North Carolina
Telephone: (lot+) sl7-1500

of Plaintiffs'

the prayer for

add it ion, t hat

281 44

7. Declare the actions of the North Carolina General Assembly

at the 1982 Section Extra Session null and void as to Iegislative

redistrict ing.

B. Declare that North CaroLina has failed to enact State

Senate and State House of Representive redistricting plans in

accordance with the Constitution of North Carolina.

g. Not adopt the 1971 redistricting plans on which to base

interim elections on the grounds that said 1971 plans are uncon-

stitional.

10. For such other and further relief as is just and proPer.

This Lne 2 day of /4f,u2/ ' 198?.

HUNTER, HODGMAN, GREENE & GOODMAN
Attorneys for Plaintiffs
P. 0. Box ,245
2O1 hest Market Street
Greensboro, North Carolina 274O2
Telephone: (glg) ll3-0934

rthur l<1. Donaldson
BURKE & DONALDSON

-7-



CERTIFICATE OF SERVICE

This is to certify that the undersigned attorney hasthis date served this preading or paper in the above entitled
action upon each of the parties* to this cause by the method
checked below:

xA. 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).

Ilanding 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).

B.

c.

, 1gg2

BURKE & DONALDSON
309 North It1ain Street
Salisbury, North Carolina 28L44
Telephone: 704-637-1500

*ir,Ir. James C. WaIIace , Jt
Deputy Attorney General for Legal Affairs
North Carolina Department of Justice
Post Office Box 629
Raleigh, North Carolina 27602

Ivlr. Jerris Leonard
900 17th Street, NW

Suite 1020
Washington, D.C.

J. Levonne Chambers
James E. Ferguson, II
Leslie J. Winner
Chambers, Ferguson, Watts, Wallas, Adkins & FuIler, 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

rhis A^dday of

20006

Arthur/ J. Donaldson



ldlrERlrAs, tlre pres-;icrc:nt of the Nortir caroLina senate,
Lictrtenant Goverr..or .Jimmv Green, and tlre speaker of the
North carolina lrouse of Iieprcsentatirres, Representative
Listor: D. Iramsey, have reconunended that the Generar:Assembly
be convcned in Ext::a session by proclamation of the Governor
tor t.he purpose of consiclering and acting upon regisration
to reapportion ancr redistrict the state of North carolina;
and

I^IHEREAS, it
North CaroLina ttrat
be convened as soon

.is .i.n the best interests
?

an'Extra SLssion of the
as is practicable;

of the State of
General Assembly

NOI{, TI'IEREFORE, f , James B. Ilunt, Jr., Governor of
t'he state of Nortrr carolina, nnrder and by virtue of the

't,,authority ,vested in me by ArticLe III, Section S tZj of the
constitution of l,torth carolina, do, by and with tr,uiolari"":!,i,
of the codncil of state, procraim that the General iassenrulyi -*;1
of North, carorrna shalr meer in Exrra session at Rii.i;h .r
10:00 a.m., Tuesday, February g, 19g2, .for the following
purposes: - ."*'

Exhibit rrCrr

l

i

!

l:



- _fi

(I) Cr',nsi.dcri,g irnd atctit.rg *pci) J,cc;.icLat:ioir

conc<l:.-rrin<; t.he appo]-'i-i-onrr.en{- oi t:}r: i{o::.i:h ca::o-1-in::

I'louse of llt::pt:r:serl i:atir.r(:c, the }lo:.. t!r Ca:r:r:.1i-na

Senatc, ancl the I.l. S. lto,se of Rep::cse*ta.I.tves ,

ancl conform.i.ng changes :'r: thc el.eci:ion J.ar.rs and

tlre prinrary e-'l_ectj-on scheituLe.

(2) Consiclering ancl act,-i_ng r1.pon legisJ-a.tion
to affie,-rd G.s. 116-r gg$ 6p6 to fiII a vaeancy

on thc: lloarC of Gove:rnors of the Uiri-ye:ls.i-ty of
North CaroLina.

(3) Consiciering and o.lrirg
to amend or repea), Chapters

TJte Sc.ssion Lar,rs of -i_9Bl ancl

Local boar:,ls of eclucatt_ion to

tlpon leg-'i.slation

567 and 955 of
otl:er l.a';ls reqr,r_rring

charge tuit.ion.

I do hereby ca1l Lrponr notify and c_lr::ect aLl rnembers
of t:he Generar Assembry to meet i.n the city of Ra-r.e.igh a.b

l0:00 a.m., pei:::ua::y g, lgE2r. in such Genera...t_ Assembly as

Provided by tl:e constitut.it:n oi l.rortlr caror--ina.

.Done at our Capito.l at Ra1e.igh, this t,he second day
of [e[':rudry, 19SZ.

Ilunt, Jf-r.

/,
,'/

n

"/ti
''' j/ (-'=--':2

w

il



(

GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1982

RATIFIED BILL

CETPTEE 5

SEXTTE EILL T

Tf, ACT TO ESTIBLISH SEXITORIIL. DISTBICTS ITD ?O IPPOB?IOU SEITS

II THE SEIATE TIOf,G DISIBTCTS.

The General tsseably of Ilorth Carolina enacts:

, Section 1. G.5. 720-1. as areaded by Chapter 821 of the

t98t Sessiou Lars, is rerri.ttea to read:

,rg 120-1. Senators.--(al Eor the purpose of ooriaating and

electing lelbers of tbe Seaate in 1982 and eveEt tro ,eaEs

the.reafter, senhtorial ilistricts are establisheil aotl seats in the

Senate are apportionecl aroDg those tlistricts as follorsl

District 2 elects one Senator antl consists of Bertie, Chocan,

cates, Hertforcl, llortharptol, Perqoiraos, Tyrrell aad lashingtoo

Counties

District 1 elects ooe Seuator antl consists of Beaufort, Carden,

Currituck, Dare, Hytle, Parlico aud Pasquotaar, Coooties.

District 3 elects one seoator aud consists of Carteret aod

craven couities.

District 0 qlects one Senator aud coasists of oaslor Coooty.' '

District 5 elects one SeDatoE aDA coosists of Duplin, Jones and

Leooir Counties aud Colurbia antl Ual,on loraships io Peuclet

Couoty.

District 6 elects oDe Seaator aad cousists of Edgecorbe aad
(
\ ffalifar Counties.aDd the folloring touuships of larre! Countt:

Bartree, Biver, Boanoke, aatl Sirponnd.

Exhibit rrDrr



o
District Z elects one Seaator auil consists of Neu HaBoYer

County anil the folloring tornships of Pender Coonty: Burqav,

canetuck, castell, Grady, Holly, Long Creek, Rocky Point andl

Topsail.

District. g elects one senator ancl'consists of GreeDe autl layne

(

Counti.es.

Dis tric t elects oDe seoator aud coasists of tlartio and Pitt

Counties.

District 1o elects one Seoator and consists of flilsou couBty;

and the follouing tornships of Nasb county: coopers' Jackson,

fianniags, NashviLLe, North Ihitakers, oak LeveI, Becl Oak, Rocky

llouut, South llhitakers and Stooy Creek'

District 1 1 elects one senator and consists of Franklin and

Tance Counties; the folloring tornsbips in l{ash Couoty: Baileys'

Castalia, Dry lefls, FerreILs, Griffins; the foll'oring tovnships

in Iake County: tsartons Creek, Leesrille, Little River, ller

Light, and fake Porest; antl the folloring tounships in Iarren

couDty: Fishing creek, Fork, Judkins, Nutbosh, sanrly creek,

Shocco, Surith Cree k, and flarrentoD.

District 12 elects tro seuators antt coasists of the folloring

tounships of cunberland county: Black River, caEvers creek,

ceclar creek, cross creek, EastoveE, Grayrs creek, llanchester,

Pearces 11iII, Rockfish ancl Seventy-First'

District 1 3 elects tvo senators aacl consists of Durhar,

Granville and Person Counties aud the folloriag touaships of

orange county: ceilar Grove, Eoo anrl Little River.

District 14 elects three senators and consists of Earuett and

Seuate Bilt 1



Lee counties aad the folloring tornships of rake county:
Buckhorn, cary, cedar Pork, Holly Springs, Eouse creek, llarks

creek, [eredith, fliddle creek, lleuse, panther Branch, Baleigh,
St. llaryr s, St. ilattherts, Syif t Creek, aad lhite Oak.

District l5 elects one Senator antl consists of Johnston aad

Sanpson Counties.

District 16 elects tro Senators and consists of Chathal, iloore

antl Bandolph couoties and the follouiag tornships of orange

County: Binghan, ChapeI Ei1t, Cheeks and Hillsborough.

District 17 elects tro senators aod coosists of loson,

lloatgoner y, R ichno nd, scotrancl, stanry aad union couaties.
District 1B elects one Senator aad coasists of Bladeu,

Brunsvick and Columbus Counties anrl the Beaver Dan Tornship of
Cunberland County.

District 19 elects otre senator ancl consists of the folloying
tornshi[rs of Forsyth County: Belers Creek and Kernersville; and

consists of the folloviag tornships and precincts of Guilford
County: Bruce Tounship, Center Grove Tornsbip, CIay fornship,
Pentress Tonnship, Frienctship precinct r, Greene roroship,
lladison Tornship, t'!onroe Tornship, Greensboro precincts 10, 20,

21, 27, 28, 32, 34, anC 35, and Oak Biilge Tornship, Bock Creek

Tornship, anrl ttashington Toroship.

District 20 elects tvo Seuators and consists of the folloring
tornships of Forsyth county: lbbotts creek, Bethauia, Broarlbay,

cl.eunousvirle, L€visvi1le, nidare Fork, ola Bichaoncl, old Torn,

Salen ChapeI, South Fork, Vienua and Biaston Tornships.

Senate BilI 1



District 21 elects one Seoator and cousists of Alarance anil

Casuell Counties.

District 22, elects four Seuators ancl consists of Cabarrus anrl (
\

llecklenburg Couuties.

District 23 elects tuo Senators and consists of Davitlson, Davie

antl Boran Counties.

District 24 elects tro Senators and consists of llleghany,

Ashe, Rockiughan, Stokes, surry aud latauga Counties.

District 25 elects three Seoators and coosists of Cleveland,

Gaston, Lj.ncoln and Butherfortl Counties.

DistricL 26 elects tro Senators and cousists of llerancler,

Catarba, Iredell and Iadkin Counties.

District 27 elects tvo Senators and consists of tvery, Burke,

Calclrell, llitchell and Iilkes Counties.

District 28 elects tvo Senators ancl cousists of Buncoabe, 
(.

llcDouell, l'laclison and Yancey Counties. \

DistricL 29 elects tuo Senators antl consists of Cherokee, Clay,

Grahao, Hayuoo,1, Hendersoa, Jackson, ltacon, PoIk, Srain and

TTaDSI/lvania Co unt ies.

District 30 elects one Senator anil consists of Hoke and Robeson

Counties.

District 31 elects ooe Senator antl consists of the folloring

tovnships and precincts of Goilfortl Couoty: Jefferson Tovnship,

Greensboro Precincts 3, 4, 5, 6, 'l , B, 9 , 11, 19 , 25, 29, and 30,

High Point Preciucts 3, 5, 6. 7 ' 11, 12, ancl 19,. Jaeestouu

Preciacts 1, 2. and 3, Suluer Tounship, and Block 921 of Census

Tract 166 in High Point Tounsbip.

Senate Bill 1



District 32 elects one Seaator antl "oo"i=t" of the folloring
tornships anil precincts in Guilfortl CooDty: Deep River Tornship,

Frien<lship Precinct II, Greensboro Precincts 1, 2t 12, 13, 14,

15, 161 17r 18, 22r 23r 24r 261 31r 33 and 36, aod Hiqh Point

Precincts 1, 2, q, 8r. 9, 10r' 13, 10, 15, 16, 17, 18, 20 anal 21 ,

but it does not include Block 921 of Ceusus Tract 166 in Hiqh

Point Tounship.

(b) The naues aacl bountlaries of tornships specifiecl in this

sectioa are as they reEe legally tlefinetl and in effect as of

January l, 1980, anal recognized i.n the 1980 ceusus-

(c) For Guilford County, preciact bouadaries are as shoun

the naps on file vith the State Boartl of Elections oB January

1982, in accordance rith G.S. 153-128(b)-

Sec. 2. This act is effectiye upoD ratification.

In the Geoeral Asselbly read three ti.les aad ratifietl,

this the 1 lth day of February, 1982.

JAi,4ES C. GREEN

on

1,

Janes C.

Pr es ident

Greeo

of the Seuate

LISTON B. RAMSEY

Listoa B. BaESey

Speaker of the Eouse of Representatives
t

5Senate BilI 1



o
GEN EBAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1982

RATIFIED BILL

CEIP?EB II

Eot sE gir,r. l
IX TCT TO IPPOBTIOT THE DISTBI TS OF IBE TOBIA CIBOLTII EOUSE OP

BEPBESBUTIrIYES.

lhe General lssetbly of Iorth Caroliaa eaacts:

Sectioa 1. G.S. 120-2 ls rerrittea to read:

it 720-2. Eouse gpportionreot specified.--(a! For the PurPoae

of oorinating aocl electing rerbers of the iorth Carollaa Boose of

Bepresentatives ia 1982 ancl periottically thereafter, the State of

Iorth Caroliaa shall be ilirlded iato the folloriog illstricts:

District 1 shall elect tro Eepreseutatives and shall cousist of

Carclea, Choran, Currl.tuct, Dare, Pasguotaal, Perqulrans, aud

lyrrell Couaties; Holl, Grove toraship of Gates Couoty; and Lees

li11s, Plyrouth, antl Skiuuersville ?oroshlps of lashlngtoa

Coouty.

District 2 shall elect oue Bepresentative anil shal1 corsist of

Beaufort antl Uy.at" Counties; antl Scupperloag ?orastl'p of r
Iashington Cou.aty.

District 3 shall elect three Eepresentatires aad slall coastst

of Craven, Lenoir, and Parlico Couoties.

District tr shall elect three BepEeseBtatires aud shall cossist

of ccrteret aatl onslor Cooatieso

District 5 shall elect one Sepreseatative anil sball cousist of

Xorthalpton Couuty3 Iadiau foods, Borobel, Saale 8ite, anil

Eoo<tville Tornsbips of Bertie CountTS Gatesrille, 8a11, Baslett,

f.r.,- L .L

(

(



Hunters f,ilI, ttintonsville, antl Beynol<lson tornships

County; and Earrellsville, tlaneys leck, llurfreesboro,

and linton Tornships of Eertford County.

Duplin and Jones Counties.

District 1 1 shall elect tro
of layne County.

District 12 shall elect tro

of BIaden and Sanpson Counties;

o
of Gates

St. Johns,

Bepreseutatives aucl shall consist

Bepresentatives and shall consist

and Burgar, Casrell, Colurbia,

District 5 shaII elect one Representative and sha1l coosist of

Colerain, llerry Hill, llitchells, Uhites, and Einclsor Tovaships of

Bertie County; Ahoskie Toruship of Hertfortl Couoty: Beargrass,

Cross Boads, Griffins, Jaresrille, Poplar Point, filliats, aud

Iilliaustou Tornships .of tartiu County; aad Bethel'aod Carolina

tovnships of Pitt Couaty.

District 7 shalI elect one Sepresentative aucl shall cousist of
Brinkleyvilte, Buttertoocl, ConocooDara, Enfielcl, Faucett,

Halifar, Palnyra, Boseoeath, Scotland tlect, ancl Ieldou toroships

of B ali.f ar Count y; Goose llest , Barilton, and Eobersouville

Tounships of ttartin County; and Fishiog Creekr Pork, Saady Creek,

Shocco, and tarrenton Tornships of Sarren Couaty-

District 8 shall elect four Representatiyes ancl shall cousist

of Etlgeconbe, Xash, aod lilson Couoties

District 9 shall elect tvo Bepreseotatives and shall cousist of
Greene County; and lrthor, Ayden, Belvoir, Chicocl, Falhlanrl,

Farnville, Fouatain, Greeaville, Grifton, Grireslau<l, Pactolus,

Svift Creek, and uinterville Toraships of Pitt Couuty.

District 10 shall elect one Bepreseatative anil shall coasist of

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HoIIy, Canetuck, .Graily, Long Creek, Bocty poiut, aud Onioa

Tornships of Pencler County.

District 13 shall elect tuo Bepreseatatives aad shall consist
of Perleral Point, Earnett, llasoaboro, and rilriagton ?oroships of
f,er Hanover Couoty.

District 14 shall elect one Represeotative aud shal1 coosist of
Brunsrick county: cape Fear Toruship of Ner Eanover coooty; aud

Topsail Tovnship of Peutler Couuty.

District 15 shall elect one Representative'and shall cousist of
Colurbus County.

Distri.ct 16 shall elect three Bepreseatatives aod shall cousist

of Hoke ancl Eobesoa Counties; and Spriag 8i11, Sterartsville, and

IiilLiarsons Iornships of Scotland County.

District t7 shall elect one BepEesentative ancl shall coasist of
Elock 90 1 and Enuneration Distri-ct 53ll of census rract 3rl ia
llanchester Tounship, Block 901 antl Bnuleration Distriet 535 of
census Tract 3ll in seventr-Pirst rounship, Brock 901 of census

Tract 34 in Carverrs Creek Tornship, aad Cross Creek Precincts 15

ald 17 (except for Block 107 of Ceosus lract 20) io Cross Creek

Tornship of Cunberlancl County.

District 18 shall elect four Representatives aact sha1l consist

of the relai.nder of Curberlancl County oot includeil ia District
17-

District 19 shall elect tro Bepresentatives aotl shall consist
of Harnett ancl Lee Counties. .

District 20 shall elect tco Representatives and shall consist

of Prankliu ancl Johnston Counties.

House Bitl 1



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cotlsDistrict 21 sball elect sir Bepresentatives aad shalJ.

of llake County.

ist

Di.strict 22 shall elect three Representatives aail shall cousist

of Casrell, GranyiIIe, Person, aDtl VaDce Counties; Littleton and

Boanoke Rapicls Tornships of Halifar County; autl Hartree, Judkils,
tlutbush, Riyer, Roanoke, Sirpouud, and Snith Creek Torasbips of
larren County.

District 23 sha1l elect three Sepreseltati.ves and iU.ff coosist

of Durhan County.

District 2tl shall elect tvo Representatives and shall consist

of Orange County; antl Bal<lvi.n, Cape Pear, CeDter, Eadleyr Har

River, Hickory l{ountaio, lldtthers, tlet Bope, Oakland, and

Iilliars lornships of Chathar County.

District 25 shalI elect four Bepresetrtatives aatl shall consist

of Alanance and Rockinghaa Counties; aoil Beaver Islancl anrt Snou

Creek Tounships of Stokes County.

District 26 sha11 elect one Bepresentative au<l shall consist of

Providence Tovnsbi p of Bantlolph County ancl Greensboro Preciacts

5, 6, 7. 8, 19r 29, and 30, and Fentress Tornship of Guilforil
County

District 27 shall elect tbree Bepresentatives and shall consist

of South Center Grove Precinct, Jarestorn Precinct 2, ltorth

tladj.son Preciuct, South [onroe Precinct, f,orth Surner Preciact,

and Greensboro Precincts 1.21 3.4r 9r 10, llr 12r 13, 10, 15,

16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29, 31, 32,. 33, 30,

35, ancl 36 of Guilforcl County.

District 28 shall elect tvo Represeatatives autl shall coosist

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Bouse Bill 1



. of Deep Birer Toruship, Frieldship tornshi.p, Hi.gh poiat Tornship,

. Janestocn Precincts 1 aatl 3. autl South Sulner preciact of/
t\ Guilford County.

Distric.t 29 shall elect oae Bepreseatitive antl_shall cotsist of
Belecs Creek and Salea Chapel Tornshi.ps of ?orsyth County aad

llorth Center Grove Precinct, South tatlison Precinct, ilortt lonroe

Precinct aod Bruce, clay, Greene, Jefferson, oak Rirtge, gock

Creek and lashington tornships of Cuitford County.

District 30 shall'elect oae Bepresentative autl shall coosist of
Albright, Bear Creek, and Gulf foruships of Chatbar Couuty; and

lsheboro, Colericlger Colurbia, Franklinyille, Liberty, autt

Raadlenan Tornships of Bandolph County.

District 3l shall elect one Bepreseotative aatl shall consist of
Itoore County.

District 32 shall elect one Representative and shalI consist of
Sichnond Couuty; and Laurel Hill Tornship of Scotland County.

District 33 shall elect one Bepresentative aad shall cousist of
Anson aucl itoutgonery Counties.

District 34 shall elect four nepresentatives aact shall cousist
of Cabarrus, Stanly, and Uniou Couoties.

District 35 shall elect tro BepreseDtati.ves ancl shall consi.st

of Roran County.

District 36 shall elect eight Representatives

of iecklenburg County.

District 37 shal.l elect three Representatives

of Dayiclson aud Dayie Countiesl aad Eagle tills
Tornships of Iredell Couoty.

ancl shall coasist

aucl shall consist

and Unioa Grove

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House BiIl I



District 38 shall elect one Represeatative aud sha11 consist of

Back Creek, Brorer, Cetlar Grove, ConcoEdr'Grant, Level Cross, lleu

Hope, ller ttarket, Pleasaat Grov.e, Bicbland, Iabernacle, Trinity,

and Uuion Tornships of Bandolph County.

District 39 shall elect five Eepreseatatives ancl shall consist

of Abbotts Creek, Bethania, Broatlbay, CleuronsriIle,

Keroersville, Levisville, liildle Fork, Old Bichaontl, OId Toro,

South Fork, Yienna, and linstoo toraships of Forsyth County.

District Il0 shall elect three Bepreseatatives aud shall coasist

of llleghany, Ashe, and Surry CouatiesS Big Creek, Danbury,

lleadors, Peters Creek, Qqaker GaP, Sauratovn, and fadkia

Tornships of Stokes Couuty; ancl Baltl [ountaia, Bloring 8ocl, Blue

Bidge, Boone, Brusir y Fork, Col'e Creek, Elk, lleat Carp, ller Biver,

llorth Fork, Stony Pork, and fatauga foroships of latauga CountT.

District ql shall elect tro Represeutatives and shall eonsist

of lli lkes an cl Yatlk in Counties; ancl Graltneys, Sharpes, and Sugar

Loaf tornships of llexaoder County.

District 42 shall elect one Bepreseutative antl shalI. consist of

Bethany, Chanbersburg, Coucortl, CooI Spriagr ller 8ope, Olia,

SharpesbuEgr Statesville, aud Turnersburg Tornships of Iretlell

County.

District 43 shall elect one Bepresentative antl shall consist of

Hillers Tornship of Alerander County; Caldrell, Catarba, aod

;ountain Creek Tocuships of Catavba County; and Barrioger, Codclle

Creek, Davidson, PalIstoro, and Shiloh forlships of fredell

County.

House Bill 1

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District tl4 shaIl elect four Bepresentatives and shall consist

of Gaston antl Lincoln Couoties

District 45 shall elect tro Eepresentatives aatl shall coasist

of Lorer Pork aocl Upper Port loroships of Burke County; and

Bandyrs, Clines, Hickory, Jacobs Pork, and [erton ?ornships of
Catacba County.

District 45 shall elect three Sepresentatives and shall coosist
of lvery, Caklsell, antl tlitchetl CountiesS Ellenda1e, Little
8iver, Taylorsville, aatl Iittenberg Toroships of llerautler
County; Dretel, Icard, Jonas Riclge, Lorer Creek, Stoky Creek, anrt

Upper Creek Tovnshi.ps of Burke County; aail Beaverclal, Laurel

Creek, and Sharneehar Iornships of tatauga County.

District 47 shall elect one Representative and shall consist of

Linville, Lovelady, tlorganton, QuakeE leador, an<l Sllver Creek

Tornships of Burke County.

District {8 shall elect three Representatives anil shall consist

of Cleveland, Po1k, and Butherfortl Coulties.

District 49 shalI elect one Bepresentative and shall consist of

ltcDovell and Yaucey Counties.

District 50 shalL elect one Representati.re aad shall consist of
BIue Rictge, Clear Creek, Etlueyville, Greeo River, Hendersonville,

anil [ills Riyer Tovnships of Henilerson County.

District 51 shall elect four Bepresentatives and shaI1 consist

of Buncoabe anil Iransylvania Couaties; and Crab Creek and Hoopers

Creek Tounships of Henderson County.

District 52 shall elect tro Representatives ancl shall consist

of Hayuoocl, Jacksoo, tlailisoo, and Sraio Couati-es; anc[ Stecoah aud

House BilI I



Iellor Creek Toruships of Grahar County.

District 53 shall elect oDe Bepresentative aad shall consist of

Cherokee, CIay, and tacon Couaties: an<l Cheoah Toraship of Grahar (

Count y.

(b) The nates ancl bouudaries of tornships specifietl iu this

section are.as they sere legally defined and in effect as of

Jauuary l, 1980, and recognized in the 1980 Ir.S- CeDsus.

(c) For Guilforct anil Cuaberlantl Counties, precinct boundaries

are as shorn on the raPs on file rith the State Boaril of

Electious on January 1, 1982, in accordance rith G.S. 163-128(b)-

If atry changes in precinct boundaries are lade, the aEeas ott

the nap shall still renain iu the sale Bouse District.tr

Sec. 2. This act is effective upon ratification.

Io the General lsserbly reatl three tires and ratifietl,

this the 11th daF of FebruarY, 1982.

JAMES C. GREEN

Jares C. Greeu

Presiclent of the SeDate

LISTG{ B. I-tAl'lSEY

Listoa B. BanseY

Speaker of the House of Representatives

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IT]iAPPOI{T ICI{}l[NT CRITEIT IA

Tltc comnrit Lccs re l;potrsiL'.'l.e f or .rcdisc::icting Lhc Norttr carclj.na Gener:rI

Assernbly, assist,ed by the legislative staf f , shall bc guided by the forl.owing
sEandards i. the developmcnE of [he plan for the State. I.louse and the Senatc:

1' Eaclt lcgislaLivc clistr:ict shalI, i.n accorcla:rcc with tlre requiremc'ts
of thc 14 th Arnerrdtncrlt Lo thc constitutiorr of thc unitccl states and of Articl_c
lI, sectinns 3(1) and 5(1.) of the constitution of Norib carolina, be clrarun so

as to contain as.nearly as possibld117,635 for each senate membcr and 49,015 for
caclr llouse membt:r in suclt legisJ ative districts. Tire populaEion variaEion
(relative- deviaEion) of each district, shal1 falI betr,,e-:n pJ.us and minus five
pcrcenr (+5%)

2' Ln order to avoi<l tlre dilution of the vocing rights of racial
tninorities as protcctcd by Ehe voting Rights Act of r9c5 and the 14t5 arrd l5rll
''tr':enrlnettt's to the United sEaEes consEicution, conceul-raLions of racial nri.oriti-es
sirall not bc fractured or divided.

3' A1r )'cg,islative districLs slrall. consist of c:ntiguous terriEory as

t'<'rluire-r<J by thc North carrolina coustitucion and sl-ral- i;e as compac r- as 1s

practicable consistent witll rcrluirement.s l- and 2 abc,.re.

4' To the extcnt consistcnt wich all of the abc'.-e requirements, districts
sliculd be constructed so as to recognize the state'9 h^sioric comrnunities and
co:::ronalities of interests wiEh respecE to tl're inhabi:ant.s and constituencies
\"'j thin such districts

5' To the extent not inconsistent with arr of ti.e above
in order to rninimize voter confusion and mainEain the i.nterests
l'sragraPh 4 above, present regislative district lines s'all be

6' No county'sharl be subdivided nor slrall a county line
unless nccessary to ncct r-he r:cqtrircmcnts of 1 throrrgi,. 5 abovc.

standards and.

set out in

preserved.

be broken



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7' During tltt: cotrrse of ttreir worl:, the colrunittees shall consult rui_th

the legislative sEaff , tite r\ctorney G'encrar ancl rcEai:rccl counsel with respect
to any lega1 issues

8' The courmittecs shal1 compleEe their work to the end that a regislative
proposal. is prepared for thc conrmitlees to hold a pubJ.ic hearing o, their
p'oposed plans the week of lebruary r, Lgg2. The commlLtees sharl, in con-

sultation with counsel, prePare mailings not-i.fyjng interested individuals and

crganizations thrcughouL the statc of the datc and timc of the public
trcaring arr<l shall' also causc aPpropriate press rcleases to be prcparc4 for
t'lre mcdia' The cotnrnittees shalr also prepare noLices for pubrication in Lhe

lcga1 notj-ces section of appropriatc newspapers.

9. A.fter Ehe pubric rrearing rras becn herd the conmittees

such opinions from the Attorney General and retained counser as

trppropriatc and to report a bilr favorabry to be acted upon by

tire ueck of February 8, LggZ.

shal1 seek
,

thcy deem

the Legislaturcr



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REAPPORTIONMn{T CRITERIA

The committee responsible for redistricting the North

carolina House of Representatives, assisted by the legislative
staff, shall be guided by the following standards in the

developnent of the plan for the Etate House:

1. Each legislative district shall, in accordance with the

requireuents of the 14th Anendnent to the Constitution of tbe

United States and of Article fI, Sections r(1) and 5(1) of the

Constitution of North Carolina, be drawn so es to contain as

nearly as possible +g,Off for each House nenber in sucb legislative
districts. The population variation (relative deviation) of each

district shall fall between plus and minus f ive percent G5%).

2. fn order to avoid the dilution of the voting rights of

racial minorities as protected by the Voting Rights lct of L96,

and the 14th and ISth Amendroents to the United States Constitution,

concentrati.ons of racial roinorities shall not be fractured, divided,

or diluted or submerged by the use of nulti-nember districts, as

opposed to single nember districts in violation of the Voting

Rights Act of 1965 and the 14th and lrth Amendnents to tbe United

States Constituti.on or the Constitution of North Carolina.

). AII legislative districts shall consist of contiguous

territory as required by the North Carolina Coustitution and shall

be as compact as is practicable consistent with requirements 1

and 2 above. 
.

4. [o the extent consistent witb aII of the above require-

ments, districts should be constrtrcted so as to recognize the

state's historic communities and cAnnonalities of interests with

respect to the inhabitants and constituencies within such districts.



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,. fo the extent not inconsistent with. all of the above

standards and in order to nininize voter confusion and naintain

the interests set out in paragraph 4 above, present legislative

district lines shalI be preserrred.

6. No county shall be subdivided nor shall a county Iine

broken unless nicessary to ueet the requirenents of I througb

above.

7. During the course of its work, the conmittee shall

consult with the legislative staff, the Attorney General and

retained counsel with respect to any legal issues.

8. The conslittee shall conplete its work to the end that

a legislative proposal is prepared for the counittee to hold a

pubJ.ic hearing on its proposed plans the week of Febnrary 1, 1982.'

The committee sha1l, in consultation with couasel, prepare nailiugs

notifying interested individuals and organizations throughout the

state of the date and tiue of the public hearing and shall also

cause appropriate press releases to be prepared for the media.

The committee sha11 also prepare notices for publication in the

Iega} notices section of appropriate newspapers.

9. After the public hearing has been held, the conmittee

shall seek such opi.nions from the AttorDey General and retained

counsel as they deem appropriate and to report a bil-I favorably

to be acted upon by the Legislature the week of Febnraqf I' 1982.

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,. To the extent not inconsistent with all of the above

standards and in order to mininize voter eonfusion and naintain

the interests set out in paragraph 4 above, present legislative

district lines shall be preserved.

6. No county shall be subdivided nor shall a county line
broken unless necessary to ueet the requirenents of I tbrough

above.

?. During the course of its work, the conmittee shall

consult with the legislative staff, tbe Attorney General and

retained counsel with respect to any legal issues.

8. fhe comnittee shall conplete its work to the end that

a legislative proposal is prepa=ed for the connittee to hold a

public hearing on its proposed plans the week of I'ebnrary 1t 1982.

Tbe comnittee shall, in consultation with ccunsel, prepere nailings

notifying interested individuals and organizations througb.out the

atate of tbe date and tine of the public hearing and shall also

cause appropriate press releases to be prepared for the rnedia.

The committee shall also prepare notices for publication in the

Iegal notices section of appropriate newspapers.

9. After the public hearing has been held, the connittee

shall seek such opinions froro the Attorney General and retained

counsel as they deen appropriate and to report a bill favorably

to be acted upon by the Legislature the week of Febrr.aqf 8, 1982.

be

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