Third Supplement to the Complaint and Amendment to Complaint; General Assembly of North Carolina House Bill 1; Senate Bill 1

    IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA

RALEIGH DIVISION
No. B1-803-Civ-5

et al.
Plaintiffs,

RALPH GINGLES,

v.

RUFUS EDMISTEN, €t al.,

Defendants.

THIRD SUPPLEMENT TO THE
COMPLAINT AND AMENDMENT
TO COMPLAINT

I. Introduction

On April 27, 1982, the North Carol_ina General Assembly

amended the apportionment of the North Carolina House of
Representatives and of the North Carolina Senate which are the

subject of the Second Supplement to the Complaint. The new

apportionments were based on the previous apportionments which

were amended but not repealed. Each apportionment continues to
have the purpose, result, and effect of diluting minority voting
strength and of denying black citizens the ability to use their
vote effectively.

The apportionments as amended by the General Assembly

violate 52 of the Voting Rights Act of 1965r ds amended, the

Thirteenth, Fourteenth and Fifteenth Amendments to the united

States Constitution, and 42 U.S.C. S1981

The aitegations of this Third Supplement to the Complaint

set out the changes in the apportionments and are in addition to
the allegations contained in the complaint, the supplement to the

Complaint, and the Second Supplement to the Complaint previously



filed in this action. In addition the Amendment to the Complaint

brings the previ.ous allegations into conformity with the June,

L982 amendment to 52 of the Voting Rights Act.

II. Jurisdiction
135. The Court has jurisdiction over the claims in the

Third Supplement to the Complaint pursuant to 28 U.S.C. S51331

and 1343 and 42 U.S.C. S1973j. Plaintiffsr claims arise from the

statutes and constitution of the United States and are claims to
enforce statutes and constitutional provisions which protect

civil rights including the right to vote.

III. Count rigb!: Dilution of Black Voting Strength in
E7II;E-EZ Apportionment of the N. C. General Assembly

136. On ApriL 26, IgB2, the North Carolina General Assembly

(hereafter "the General Assembly") convened for the purpose of

reapportioning the districts of the North Carolina House of

Representatives (hereafter "the House of Representatives" ) and

the North Carolina Senate (hereafter "the Senate").

137. In response to the filing of this action, and follow-
ing an objection by the Department of Justice under 55 of the

Voting Rights Actr the General Assembly amended the February,

I9B2 apportionment of the House of Representatives contained in
Chapter 4 of the Extra Session Laws of L9B2 and the Februaryr

J-9B2 apportionment of the Senate contained in Chapter 5 of the

Extra Session Laws of L982.

138. The amendment to Chapter 4 of the Extra Session Laws

is contained in Chapter I of the Laws of the Second Extra Session

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of L982. A true and accurate copy of Chapter I of the Laws

of the Second Extra Session Laws of 1982 is attached as Exhibit

A hereto.

l-39. The amendment to Chapter 5 of the Extra Session Laws

is contained in Chapter 2 of the Laws of the Second Extra Session

of 7982. A true and accurate copy of Chapter 2 of the Laws of

the Second Extra Session is attached as Exhibit B hereto.

140. Chapter 4 of the Extra Session Laws of L982 as amended

by Chapter I of the Laws of the Second Extra Session of L9B2

(hereinafter "the April L982 House apportionment") is based in
part on Article II, 53(3) of the N. C. Constitution.

141. The April I9B2 House apportionment continues to use

multimember districts to avoid dividing counties in the apportion-

ment of the House of Representatives.

142. The practice of using multi.member districts in the

apportionment of the North Carolina House of Representatives and

the use of multimember districts in the April 1982 House

apportionment have the purpose, result and effect of abridging

the right of black citizens to vote, of diluting minority voting

strength and of denying members of the black community the oppor-

tunity to elect representatives of their choice.

143. 
.The 

April L9B2 House apportionment divides the state

into districts in a manner that has the purpose, result and

effect of diluting minority voting strength, of denying black

citizens the opportunity to elect representatives of their
choice, and of abridging the right of black citizens to vote.

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L44. The North Carolina House of Representatives had

amendments and alternatives available to it at its April 1982

session which would have mitigated or avoided the dilution of

minority voting strength but it refused to consider these amend-

ments and alternatives.
145. The refusaL to consider the amendments and alterna-

tives which are referred to in Paragraph 144 above had the purpose,

result and effect of diluting minority voting strength and of
discriminating against black votes.

146. Chapter 5 of the Extra Session Laws of J-982, as

amended by Chapter 2 of the Laws of the Second Extra Session of
L9B2 (hereafter "the April L9B2 Senate apportionmenU') is based in
part on Article II, 55(3) of the N. C. Constitution.

147. The April 1982 Senate Apportionment uses multimember

districts to avoid dividing counties in the apportionment of the

North Carolina Senate.

I4B. The practice of using multimember districts in the

apportionment of the North Carolina Senate and the use of multi-
member districts in the April 19B2 Senate apportionment have the

purpose, result and effect of abridging the right of black citi-
zens to vote, of diluting minority voting strength, and of deny-

ing members of the black community the opportunity to elect
representatives of their choice.

149. The Apri1- L9B2 Senate apportionment divides the state
into districts in a manner that has the purpose, result and

effect of diluting minority voting strength, of denying members

of the black community the opportunity to elect representatives

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of their choice, and of abridging the right of black citizens to
vote.

150. In April , L9B2 the North Carolina Senate had amend-

ments and alternatives available to it which wouLd have avoided

or mitigated the dilution of black voting strength but the Senate

rejected or refused to consider these alternatives and amendments.

I51. The rejection of or refusal of the Senate to consider
the alternatives and amendments referred to in Paragraph 150 had

the purpose, effect, and result of diluting minority voting
strength, of denying members of the black community the oppor-

tunity to elect representatives of their choice, and of abridg-
ing the right of black citizens to vote.

A. Fifteenth Claim for ReIief

L52. Plaintiffsr Fifteenth claim is brought pursuant to s2

of the voting Rights Act of 1965r ES amended, 42 u.s.c. s1973.

153. The purpose, resurt and effect of the apportionment

of the North Carolina General Assembly as enacted in Chapters 4

and 5 of the Extra Session Laws of 7982r ds amended by Chapters I
and 2 of the Laws of the second Extra session of l-9B2 are to
abridge the right of black citizens to vote, to dilute minority
voting strength and to deny members of the black community the

opportunity to elect representatives of their choice.

B. Sixteenth Claim for Relief
154. The

42 U.S.C. Sr983

Sixteenth Cl-aim

to enforce the

for relief is brought pursuant to
Thirteenth, the equal protection

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clause of the Fourteenth, and the Fifteenth Amendment to the

United States Constitution, and pursuant to 42 U.S.C. S19BI.

155. The intent and effect of the apportionment of the

North Carolina General Assembly enacted in Chapters 4 and 5 of
the Extra session Laws of L9B2r ds amended by chapters I and 2 of
the Laws of the Second Extra Session of 1982, are to discriminate

against black voters, to dilute the vote of btack citizens and to
deny plaintiffs their right to use their vote effectively.

IV. Count Nine: Affirmative Duty and Assure Fair
Representation

156. Plaint.iff incorporates paragraphs 124-l2B of the

Second Supplement to the Complaint by reference.

157. North Carolinars practice of using multi-member

districts in the apportionment of the General Assembly has

historically been to the disadvantage of black voters and has had

the purpose and effect of diluting minority voting strength and

denying members of the black community the opportunity to erect
members of their choice.

158. North Carolinars history of purposeful discrimination
imposes a affirmative duty on defendants to eliminate the effects
of past purposeful discrimination and to assure that black

citizens have a fair and adequate opportunity to el-ect represen-

tatives of their choice to the North Carolina General Assemb1y.

159. Defendants did not meet their affirmative obligation
to assure that bl-ack citizens have a fair opportunity to elect
representatives of their choice in the April 1982 apportionment

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of the North Carolina General Assembly.

A. Seventeenth CIaim for Relief

160. Plaintiffsr seventeenth claim for relief is brought to

redress defendantsr failure to meet their affirmative obligation
to eliminate the effects of past discrimination and to assure

that black citizens have a fair opportunity to elect represen-

tatives of their choice to the General Assembly, it is brought

pursuant to 42 U.S.C. SI9B3 to enforce the Thirteenth Amendment,

the equal protection clause of the Fourteenth Amendment and the

Fifteenth Amendment to the U. S. Constitution, to 42 U.S.C.

51981, and to 52 of the Voting Rights Act of 1965 as amended,42

u.s.c. s1973.

V. Third Supplement to the Prayer for Relief

Wherefore plaintiffs pray that the court:

1. Grant the relief prayed for in the Complaint, the Supple-

ment and the Second Supplement to the Complaint;

2. Declare that the apportionment of the North Carolina

General Assembly as contained in Chapters 4 and 5 of the Extra

Session Laws of l992r Els amended by Chapters 1 and 2 of the Laws

of the Second Extra Session of 1982, have the purpose, result and

effect of abridging the right of black citizens to vote, diluting
minority voting strength, and of denying black citizens the

opportunity to elect representatives of their choice in violation
of 52 of the Voting Rights Act of 1965r dS amended, 42 U.S.C.

-7-



51973, in violation of the Thirteenth, Fourteenth, Fifteenth
Amendments to the U. S. Constitution, and a violation of 42

U.S.C. S1981 and enjoin defendants from participating in, super-

vising, conducting r or certifying the results of any election
pursuant to this apportionment and from enacting or enforcing any

apportionment in the future which has the purpose, result, or

effect of diluting the voting strength of black citizens.
3. Declare that defendants have an affirmative duty to

eliminate effects of past purposeful discrimination and to

assure that plaintiffs and other black citizens have a fair
opportunity to elect representatives of their choice to the North

carolina General Assembly; further declare that chapters 4 and 5

of the Extra session Laws of J-9B2 as amended by chapters I and 2

of the Laws of the second Extra session of 1982 do not afford
plaintiffs and other black citizens a fair opportunity to elect
representatives of their choice in violation of 52 of the Voting

Rights Act of 1965r ds amended, the Thirteenth, Fourteenth and

Fifteenth Amendments to the united states constitution, and 42

U.S.C. S1981; enjoin defendants from participating in, super-

vising, conductingr or certifying the results of any election
pursuant to this apportionment and from enacting or enforcing

any apportionment in the future which does not afford black

citizens a'fair opportunity to erect representatives of their
choice to the North carolina General Assembly; and enjoining
defendants from participating in, supervising, conducting or

certifying the resuLts of any election pursuant to an apportion-
ment of the North Carolina General- Assembly which does not

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eliminate the effects of past purposeful discrimination by every

available means including the use of single member districts;

4. Award the costs of this action, including reasonable

attorneysr fees, to plaintiffs; and

5. Grant such other and further relief as may be just and

appropriate.

VI. eme"ament to Compfa

Plaintiffs amend their Second Claim for relief, at Paragraphs

48-49, challenging Article II, SS3(3) and 5(3) of the North

Carolina Constitution, Fift.h Claim for Relief, at Paragraph 70,

challenging Chapters 800 and B2L of the Session Laws of 1981,

Tenth Claim for Relief, at Paragraph 102, challenging Chapter

1130 of the Session Laws of 1981, and Twelfth Cl-aim for Relief,
at Paragraph 123 challenging Chapters 4 and 5 of the Extra

Session laws of 1982, to allege in addition to all current allega-

tions, that each of the challenged provisions has the result of

abridging the right to vote of bl-ack citizens, of diluting minority
voting strength and the denying members of the black community

the opportunity to elect representatives of their choice.

This 1L day of August, 1982.

Respectfully submitted,

Adkins & Fuller, P.A.
951 South Independence Boulevard
Charlotte, North Carolina 28202
704/37s-8461

LESLIE J. iWINNER
Chambersr'Ferguso.r, Watt, WalIas,

-9-



JACK GREENBERG
JAMES NABRIT
NAPOLEON WILLIAMS
LANI GUNIER
Suite 2030
10 Columbus Circle
New York, NY 10019

Attorneys for Plaintiffs

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EXHIBIT A

(''.'

GENERAL ASSEMBLY OF NORTH CAROLINA

SECOND EXTRA SESSION 1982

RATIFIED BILL

CRAPTEB 1

HOOSE BILL T

A BILI, TO BE EUIITLED

TEE DISTEICTS OT T8E TORTH CIBOLIXT BOUSE OF

of uorth Carolina enacts:

G.S- 120-2. as reurittea by Chapter 4. Ertra

is anended by rerriting Districts 17 and 18

AII ACT TO APPOBTION

BEPBESEUTATIYES.

Tbe Geueral AssenblY

Section 1.

Sessiou Lats of 7982.

to read:

./ trDi.strict 17 shall elect tro Bepresentatives aud sha].l consist
(
\, of Block 9Ol and Enuneration District 53tt of Census Iract 3ll in

Ianchester torushi.p, 8lock 901 and Enureratiou District 535 of

Census 1ract 34 in Sevetrty-First toroship, Block 90l of Cetrsus

Tract 34 in Caruer.s Creek Iornship, Cross Creek Precincts 1, 3,

5. g. 13, 16, 1'l , and 19, Spring Lake Precinct, Uorgaoton Boail 1

precinct, Beayer Lake Preci-nct, llestarea Precinct, ald that Part

of Census Tract 33.02 in Precinct Seveuty-Pirst l- AoI part of

Cross Creek toroship chich ray be entirell surrouuded by

ilorganton Boad 1 Precinct sball also be in the .District- Block

3Oq oi Census Tract 26 of Cross Creek lornship is not in the

District.

Distrj.ct 18 shall elect three Bepresentatives ancl shall consist

of the relaiuder of Curberlaad County oot incluiled in District

17. i
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Sec. 2. this act is effectire upoa ratification.
In the General Asserbly reatl three tiees ancl rati.tieaf- t

this the 27th tlay of tpril, 1982- \''

JAMES C. GREEN

Jales C- Green

Presirlent of the Senate

LISTQN B, RAMSEY

Liston B- Earsey

Speaker of the llouse of Bepreseatatives

L
House Bill 1



(

EXHIBIT B

GENERAL ASSEMBLY OF NORTH CAROLINA

SECOND EXTRA SESSION 1982

RATIFIED BILL

tx act To

CHAPTEN 2

SENATE BILL 1

ailEUD CHAPIEB 5 Or tfiE SESSIOX LAIS (TIRST EXTnA

SESSION, 1982) REDISTBICTIXG IHE .f,OBTR CABOLIITA SENATE-

the General Asseubly of North Carolina eaacts:

Section 1- G.S. 120-1 (a) as contained in Section 1 of

Chapter 5 of the Sessj.on Lars (Extra Session, t982) is amended

by:

(a) deletiaE the folloring language:
nDistrict 2 e-Lects one Senator aud consists of Bertie, Choran,

cates, HeEtford, Northanpton, Perquiaans, Tyrrell and Hashiugtoo

Counties.

District 1 elects one Senator and consists of Beaufort, Cind.eu,

Currituck, Dare, Hyde, Paelico anil Pasguotank Couuties-

Di.strict 3 elects oDe Senator ancl consists of Carteret aud

Craven Couuties. rr

aud inserting in lieu thereof:
nDistrict 1 elects one Senator and consists of caoden,

Currituck, Dare, Eytle, Pasguotank, PeEquinans aud Iyrrell
counties; the folloving toraships of Beaufort county: Bath, .LoDg

Acre, Pantego, Itichlaad, auil Uashington; aad the folloring
touaships of tlashi.ngton County: Scupp€raong and Skinnersyille.

Distri,ct 2 elects one SeoatoE and consists of Bertie, Chouan,

Gates, I{ertford, and Northanpton Counties: the folloving

I(/

,

(

(

,

)
)

tornships of Edgecoube Cou-nty: 3 (Upper Conetoe), atrd 4 (Deep



Creek) ; the follorj.ng toraships

Halifax, Palnyra, !oseneath,

tounstrips ot ftar tin Coutrtl/:

of Halifax County: Couoconnara,

and ScotLand ileck; the folloring
Goose ilest, Haeilton and

Bobersonvirre; and the Lees t{ills and p.lyuouth Tornships of
Ilashi ugton County.

District 3 elects oue Se.nator and consists of Carteret, Crayen

and Panlico Co unti es- rt ;

(b) deleting ttre folloring:
rrDistrict 6 elects one Senator and consists of Edgeconbe and

Halifar Counties and the folloring tornships of Harre1' Couuty:

Hartree, River, Boanoker &trcl Sixpound-tr

and inserting in lieu thereof:
IDistrict o elects one Senator and consists of t{arren County;

the tolroring tornships of Edgecoube county: t (Tarboro), z

(rorer conetoe), 5 (Lover Fishinq creek), tt (upper Fishing
creek), 7 (srif t creek), B (sparta), 9 (otter creek), 10 (r.ouer

Torn creek) , 11 (t{arnut creek) , 12 (Bocky ilount), 13 (cokey), 14

(Upper Torn Creek) ; and the folloving tornships of Ilalifax
county: Brinkreyville, Butterrood, Bnfield, Faucett, tittLeton,
Boauoke Bapids, and Heldon-r;

(c) deleting the folloring:
rrDistrict ? elects ooe Senator and coasists of l{artin and pitt

Counties. rt

and inserting in J-ieu theceof:

'rDistrict '9 elects one Seuator and consists of pitt Couoty; the
chocorinity toraship of Beaufort county; and the follorinq
torAships of flartin couoty: Beargrass, cross Boads, Griffins,

Senate BilL l
L

2



(,.

Janesville, Poplar Poi.nt, Ilillians, and tlilliaaston- rr;

(d) deleting the foJ-lorring:
ItDj.strict l0 elects oae Senator aod coasists of llilsou County;

and the f ollowing towns.hips of Nash County: Coopers, Jackson,

[annings, t{ashville, North lihitakers, Oak tevel, Recl Oak, Rocky

tlouDt, South Hiritakers anil Stony Creek- rl

aacl inserting in Iieu thereof :
rrDistrict 10 elects one Senator and consists of lilson County;

aad the follouing tovnships of Nash County: Coopers, Jackson,

l!ashville, North Iiiritakers, Oak Level, Red Oak, Eocky t{ount,

South 'rlhitakers aod Stony Creek. n; and

(e) deleting the follouing:
t'District 1 1 elects oue Senator and consists of Fraoklin aud

Vance Counties; the follouing tounships in Nash County: Baileys,

Cast a Iia, Dry !leI Is, Ferrells, G rif f ins ; the f ollouinq tornshi ps

in tlake County: J artons Creek, Leesville, Little Biver, Neu

Light, and t{ake Forest; ancl the fo}Iouing toraships in I{arren

County: fishiog Creek, Fork, Judkins, Nutbush, Sandy Creek,

Shocco, Snith Creek, anil ldarrenton- ni

ana insertiug in iieu thereof:
rrDistrict 11 elects one Senator and cousists of Franklin ancl

Vauce Couoties; tire folloving tornships in Nash County: Baileys,

CastaIia, Dry iiells, Ferrells, GriffiDs, and ttanniugs; anil the

folloring torustrips in Fake County: Bartous Creek, Leesville,

Little River, Nev Light, and Iiake Forest- n

(

I
I

(,

Senate tsiLi 1



this the

Sec. 2-

In the

27th day

Ihis act is effective
General Asserbly read

of April, 1982-

upon ratification.
three ti.nes antl ratified,

JAMES C. GREEN

Jales C. Greea

Presiclent of the Seaate

LISTON B. RAMSEY 

-Listoa B- Ransey

Speaker of tbe llous€ of Bepreseutatives

a

t
I

t

C,*

t

(
l

I

{ Seaate 8i11 1