Gingles v. Edmisten Complaint; General Assembly of North Carolina House Bill 415; Senate Bill 313; Senate Bill 87

    ?- t, tr

IN THE UNITED STATES t STRICT COURT
FOR THE EASTERN DISTRICT: JF NORTH CAROLINA

RALEIGH OTVITJION

RALPH GINGLES, SIPPIO BURTON, FRED
BELFIELO bnd JOSEPE MOODYT oo
behalf, of themselves and all
otherE similarly situated,

Plalntiffs,
V.

RUFUS ED!,iISTEN, in his capacity
as the Attorney General of North
Carolina; JAMES C. GREEN, Lt.
Governor of North Carolina in his
capacity as President of the North
Carolina Senate; LISTON B. RA!{SEY
in his capacity as Speaker of the
North Carolina House of Represen-
tAtives; THE STATE BOARD OE
ELECTIONS OF NORTE CAROLINA;
R. KENNETB BABB, JOEN L. SIICKLEY,
SR., RUTB SEI'{ASHKO, SYDNEY F. C.
BARNWELL and SEIRLEY IIERRING, in
their official capacities as
members of the State Board of
Elections of North Carolina; and
TEAD EURE, in his capacity as
Secretary of the State of North
Carolina,

CIVIL ACTION

NO.

Defendants.

COMPT"AINE

f. Introductlon

l. This action is brought by four black citizens on behalf

of themselves and all other black citizens who are eligible and

registered to vote'in the State of North Carolina. They bring

this.action to enforce their right to have an effective vote in-.

the election of the North Carolina General Assembly and in the

election of the North Carolina Representatives to the Unit,ed

States Congress. Ihey seek declaratory and injunctive relief to

prevent any election from being conducted pursuant to the appor-

tionment adopted by North Carolina in 1981 because that apportion-

nent does not comply with the one person one vote requirement, and

because it dilutes the vote of black citizens. In addit,ion they

seek to prevent enforcement of the provisions of the North Carolina

Consitqtion which prohibit dividing counties in apportioning the

North Carolina General Assembly because those provisions vrere not



precleared in accordance with 55 of the Voting Rights Act of
1965r ES amended, and because the provisions have the intent and

effect of diluting the vote of black citizens.
rn 1981, the North carolina General Assembly created the

representative districts which will be used for the next ten
years. These districts were drawn in order to dilute and with
the effect of diluting the vote of black citizens. In addition,
the total deviation between th'e populatlon of the largest Senate

District and the population of the smallest Senate District is
over 22 percent; the total deviatlon between the popuration of
the largest House District and the population of the smallest
House District is over 23 percent.

Thus plaintiffs Gingles and other class members are under-

reprexented in the North Carolina llouse of Representatives, and

plaintiff Burton and other class members are underrepresented in
the North Carolina Senate.

The 1981 apportionment was enacted pursuant to provisions
of the Constitution of the State of North Carolina which prohibit
dividing any county in creating the legislative districts for the
North Carolina House of Representatives and the North Carollna
Senate. These provisions, which were adopted in L967r have never

been subrnitted to the Department of ilustice or to the united
States District Court for the District of Columbia pursuant to 55

of the voting Rights Act of 1965r ES amended.' The effect of tlre
provision is to prevent the creation of single member representa-
tive a'i"tti"t" and'of representative distrlcts with substantial

Percentages or maJorities of black registered voters. The purpose

and effect of the provisions is to di:ulnlsh the voting effectiveness
of plaintiffs and of other black voters who are members of the

c1ass.

Finally, in 1981, the North Carolina General Assembly enacted

a plan of districts for the united states congress. This plan

has the purpose and effect of diluting the vote of black citizens
and avoiding the concentration of registered black votetrs.

-2-



This action is brought pursuant to the Voting Rights Act of

1955r €ls amended (hereafter nthe Votin.g RiEhts Act"), 42 U.S.C.

51973 €t s€crr and under 42 U.S.C. SSI98I and 1983, pursuant to

t,he Fourteenth and Fifteenth Aroendments to the United States

Constitution, in order to prevent defendants from holding elec-
tions for the North Carolina llouge of Representatives, the North

Carolina Senate, and the United States Congress pursuant to an

apportionment which denies blapk citizens effective representation

because of their race and pursuant to an apportionment which

underrepresents them.

II. Jurisdiction
2. The Court has jurisdiction pursuant to 28 U.S.C. SS1331

and 1343 and 42 U.S.C. 51973c. This is an action arising under

the statutes and Constitution of the United States and an action

to enforce statutes and constitutional provisions which protect

civil rights including the right to vote.

3. Plaintiffsr claims under 55 of the Voting Rights Act of

1965r ES amended, and under the Fourteenth and Fifteenth Amendments

to the United States Constitution must be determined by a three

judge court pursuant to 28 U.S.C. 52284(al and 42 U.S.C. S1973c.

4. Plaintiffs seek declaratory and other appropriate

relief pursuant to the Declaratory Judgment Act, 28 U.S.C. SS22O1

and 2202.

III. Parties

5. Plaintiff Ralph Gingles (hereafter "Gingles') is an

adult black citizen of the United States who resides in Gaston

County, North Carolina. Gingles is properly registered to vote

in elections of the North Carollna Eouse of Representat,ives and

Senate.

6, Plaintitf Sipplo Burton (hereaf,ter nBurtontr) is an adult

black citizen of the United States who resides in Cumberland

County, North Carolina. Burton is properly registered to vote in
elections of the North Carolina House of Representatives and

Senate.

7. Plaintiff Fred Belfield (hereafter "Belfield") is an

adult black citizen of the United States who resides in Nash

-?-



county, North carorina. Berfield is properry registered to vote

in elections of the North Carolina llouse of Representativesr. the

North Carolina Senater and the United States Congress.

8. Plaintiff Joseph Moody (hereafter trMoody") is an adult
black citizen of the United States who resides in Halifax Countyr

North Carolina. Moody is properly registered to vote in elections
of the North Carolina Eouse of Representat,ives, the North Carolina
Senate, and the United States Congress.

9. Defendant Rufus Edmisten is an adult resident of the

State of North Carolina.' He is sued in his official capacity as

At,torney General of the State of North Carolina on behalf of the

state of North carorina. rn his capacity as Attorney General, it
is his duty to represent the State in all civil actions in which

the St,ate is interested.

10. Defendant James C. Green is an adult resident of North

carolina. EIe is sued in his official capacity as tieutenant
Governor of North Carolina and as President of the North Carolina

Senat,e.

11. Defendant Liston B. Ramsey is an adult resident of
North carolina. He i; sued in his official capacity as speaker

of the North Carolina House of Representatives.

L2. Defendant Thad Eure is an adult resident of North

carolina-. lle is sued in his officiar capacity as secretary of
state of North.car6lina. rn that capacity it is his duty to
certify the results of all North Carolina elections to the United

States Congress and all elections to the NorthlCarolina Senate
1

and House of Repreientatives from multi-county districts.
L3. Defendant State Board of Elections of North Carolina

(hereafter ithe Board of Elections") is responsible for supervis-
ing and conducting prlmary and general. elections ln the State of
North carolina. rt has the authority to cont,ror the conduct of
primaries and general elections. rt is also responsibre for
computing the results of multi-county elections.

14. Defendant R. Kenneth Babb is a resident of North

carolina and a member of the Board of Elections and is its
Chairman.

-4-



15. Defendant John L. Stickley; Sr.7 Ruth Semashko, Sydney

F. C. BErnwe1l and Shirley Herring are residents of North Carolina

and members of the Board of Elections.

15. As members of the State Board of Elections, defendants

are authorized to exercise the powers and duties of the State

Board of Elections.

IV. 91ass Action

L7. Plaintiffs bring this action as representatives of the

class of aII black residents of the SEate of North Carolina who

are eligible to and registered to vote.

- 18. The class is so numerous that joinder of all members is
impracticable.

19. The question of the legality and constitutionality of
provisions of the North Carolina Constitution and the apportion-

ment of the North Carolina General Assembly and Congressional

Districts which are at issue raise questions of law and fact
common to the class. '

20. The claims of the representative parties are typical of
the claims of the other class members.

2J.. The representative parties have a personal stake in
this controversy and have retained competent and experienced

counsel to represent then. They will fairly and adequately

protect the. interest of the c1ass.

22. The prosecution of separate actions by individual
members of the class would create a risk of inconsistent or
varying adjudicatlons which would establish inconpatible stan-
dards of conduct for defendants. The St,ate of North Carolina can

have only one plan to apportion the representative districts of
lts leglslature and congressional distrlcts. Inconsistent adjudi-
cation of the legality of the current apportionment or of, the

requirements of a future apportionment would establish incom-

Patible standards of conduct for defendants. 
,

23. Since North Carollna conducts elections in accordance

with onry one apportionment and ln accordance with the North

Carolina Constitution, defendants have acted and refused to act

-5-



on grounds generally aPPlicable to the class, thereby making

appropriate final injunctive relief and corresPonding declaratory

relief with resPect to the class as a whole'

V. COUNT ONE: NORTE CAROLINA CONSTITUTIONAL PROVISIONS

mNffi'. epponIToNMENT oF THE NoRTE CAROLINA GENERAL

ASSE!,TBLY.

24. The North carolina General Assembly consists of the

Senate and the Eouse of Representatives'

25. In Lg67, North carolina amended its constitution to

change the manner of apportionment of the General Assembly'

26. Article II, S4(3), was adopted and provides that no

c.gunty shall be divlded in the formatlon of a Senate district'

27. The 1959 revision of the North Carolina Constitution

retained this provision but renumbered it to become Article II'

s3(3).
28. Prior to Lg57 the North carolina Permitted the General

Assernbly to divide a county in forroing of a senate district if

that county was entitled to two or more senators; since 1967 the

North carollna Constitution has prohibited the General Assembly

from dividing a county in for-ming a senate district,.

29.InLg6TrtheNorthCarolinaConstitutionwasarnendedby
adopting Article II 56(3) which provides that no county shall be

divided in the formation of a rePresentative district'

30.The1969revisionoftheNorthCarolinaConstitution
retained this provision but renumbered it to become Article Tl'

i

31.' prior to 196?r the North carolina cdnstitution provided

that most rePresentative dlEtricts were to be'slngle menber

districts.
32. Forty of North Carolinars counties are subject to 55 of

the Votlng Rights Act, 42 U.S.C' 51973c'

33. Elections in each Of these forty counties v'ere affected

by the L967 amendments to the North carolina constitution'

34. The named plaintlffs reside in four of the counties

which are covered by 55 of the Voting Rights Act of 1965r ES

amended.

-6-



35. North Carolina did not submit the 1967 amendments to
the North Carolina Constitution to the Attorney General of the
United States for approval pursuant to 42 U.S.C. S1973c, nor did
North carolina obtain a decraratory judgment from the united
states District court for the District of corumbia that the
constitutional Amendments do not have the purpose and will not
have the effect of denying or abridglng the right to vote o_n

account of race or color.
36. The purpose and effect of the 1967 amendments to the

North carolina constitutionr irs described in paragraphs 26 and

2: above, is to diLute the voting strength of black citizens and

to deny them the effective utilization of the right to vote on

account of their race.

37. rn 1981, North carorina enacted a reapportionment of
its General Assembly.

38- According to the united states census for 19g0, the
population of Gaston county, North carolina, in which plaintiff
Gingles resides, is L62?568.

39. If the North Carolina Constitution did not forbid divid-
ing counties in cqeating representative districts, Gaston County

courd be divided into three representative districts.
40. According to the united states census for 1990, the

population of Curnberland County, North Carolina, in which plaintiff
Burton resides, is 247 ,160.

ing

at

41. If the North Carolina Constitution did not prohibit divid-
senatorial districts, Cumberland County could be divided into

least two senatorial districts.
42. fn each instance, dividing the county would concentrate

the vote of black citizens and enhance the effectiveness of the

vote of black citizens
43. The 1981 apportionment of the General Assembly obeys

the North Carolina Constitutional prohibition against dividing
counties and, therefore, has the effect of diluting the vote of
black citizens.

44. The Board of Elections will supervise and conduct elec-
tions for the North Carolina General Assenbly in even numbered



years from 1982-1990 in accordance with an apportionment adopted

pursuant to Article II, SS3(3) and 5(3) of the North Carolina

Constitution unless the Court orders them not to do so.

A. First Claim for Relief
45. Plaintiffsr first claim for relief is brought pursuant

to 55 of Voting Rtghts Act of 1965r ES amended, 42 U.S.C. S1973c.

46. Defendants continue to enact apportionment plans and to
conduct and supervise elections for the North Carolina House of
Representatives and the North Carolina Senate in accordance with
Article II, SS3(3) and 5(3) of the North Carolina Constitution.
ftris practice violates 55 of the voting Rights Act since North

Carolina did not subruit these provisions either to the Attorney
General of the United States or to the United States District
Court for the District of Columbia for approval in accordance

with 42 u.s.c. I973c.

B. Second C1aim for Relief

47. Plaintiffsr second claim for relief is brought pursuant

to 52 of the Voting Rights Act of 1955 as amended, 42 U.S.C. SI973.

48. The provisions of the North Carolina Constitution which

prohibit dividing counties in the establishment of representatlve

and senatorial districts were adopted with the purpose of prevent-

ing a substantial number or najority of black voters from compris-

ing a representative or senatorial district and with the purpose

of preventing black citizens from effectively exercising thelr
right to vote on account of race or' color.t i

49. The effect of these provisions of the North Carolina

Constitution is to dilute the vote of black citizens and, thus,

to deny and abridge thelr rlght to vote on account of race or

color.

C. Thlrd Clalm for Rellef
50. Plaintiffsr third clalm ls brought pursuant to 42

U.S.C. 51983 to enforce the egual protection clause of the Four-

teenth Amendment and the Fifteenth Amendnent to the United States

Constitution and pursuant to 42 V.S.C. 51981.

-8-



5I. The provisions of the North Carolina Constitution
which prohibit dividing counties in the establishment of represen-
tative and senatorial districts were adopted with the purpose of
preventing a substantial number or a majority of black voters
from comprising a representative or senatorial district and with
the purPose of preventing black citizens from effectively exercis-
ing their right to vote on account of race or color.

52. The effect of these provisions of the North Carollna
constitution is to dilute the vote of black citizens and, thus,
to deny and abridge their rlght to vote on account of race and

color.
IV. COUNT TI{O : II.ALAPPORTIONMENT OF TEE NORTH CAROLINA

Ciie-EEflFsEMBLy

53. rn 1981, North carolina enacted a reapportionment of
the North Carolina General Assenbly.

54. A true and accurate copy of Chapter 800 of the Session

taws of 1981 which establishes representative districts for the
North Carolina llouse of Representatives is attached as Exhibit A

to this Complaint.

55. A true and accurate copy of chapter 821 of th session

Laws of 1981 which establishes senatorial districts and apportions

the seats of the North Carollna Senate is attached as Exhibit B

to this Complaint.

56. The 1981 apportionment of the General Assembly does not
have Representative or Senate districts with a reasonably equal

number of citizens per Representative or Senator.

57. The average population per member', for the North

Carolina llouse of nlpresentatives is 48r954.

58. The plan which the North Carolina General Assembly

enacted has districts which range from a population of 55t286 in
Ealifax County to a population of, 43t724 per menber tn the three

member district composed of Bladen, Columbus and Sampson Counties.

59. This deviation of population from the average popula-

tion per member results in a overall range of deviation of 23.6

percent.

-9-



50. Plaintiff Gingles, plaintiff Moody, and the other
class members are underrepresented in the North Carolina House of .

Representatives.

61. The average population per member of the North Carolina
Senate is L:,-'l ,489.

62- under the pran adopted by North carolina, senate

Districts range from a popuration of 1321374 per senator in the
senate district composed of Earnett, Lee and h'ake counties to
105,718 in the Senate district which consists of Guilford County.

53. This deviation of population from the average popula-
tlon per Senator results in a overall range of deviation of 22.7

percent.

64. Plaintiff Burton and the other crass members are

underrepresented in the North Carolina Senate.

55. At the time when the apportionment of the North Carolina
General Asembly was adopted, the members of the General Assembly

knew the extent of the deviation of population sizes from the
average population Per district, and they ena.cted the apportionment ,

disregarding. this deviation.
A. Fourth Clain for Relief
66. Plaintiffst fourth claim is brought pursuant, to 42

u.s.C. 51983 to enforce the equal protection clause of the

Fourteenth Amendment to the United States Constitution.
67. The apportionment of the North Carolina House of

Representatives and Ehe North Carolina Senate as described in
paragraphs 53 through 55 above results in plaintiffsr being

underrepresented, does not comply with the "one person--one voten

requirement for legislative apportionment, and denies plaintiffs
their right to equal protection under the Fourteenth Amendment to

. the United Stat,es Constitution. .

VII. COTNT THREE: DILUTION OF BLACK VOTE IN NORTHeERoffi'lr ERAL As s E!{BLy

68. The apportionment of the North Carolina General

Assenbly enacted in Chapters 800 and 821 of the Session Laws of
1981 has the PurPose and effect of diminishing the concentration

-10-



of black voters and decreasing the effectiveness of the vote of
black citizens

A. Fifth Clain for Relief
69. Plaintiffsr fifth clairn is brought pursuant to s2 and

SS of the Voting Rights Act of 1965r €ls amended, 42 U.S.C. SS1973

and 1973c.

70. The lntent and effect of the apportionment of the North

Carolina Generai assembly which North Carolina adopted in 1981 is
to dilute the vote of black citizens and to deny plaintiffs their
rlght to use their vote effectively.
- B. Sixth Claim for Relief

71. Plaintiffsr sixth claim is brought pursuant to 42

U.s.C. 51983 to enforce the equal protection clause of the

Fourteenth Amendment and the Fifteenth Amendment to the United

States Constitution and pursuant to 42 U.S.C. 51981.

72. The intent and effect of the apportionment of the

North Carolina General Assembly which North Carolina adopted in
1981 is to dilute the vote of black citizens and to deny black

citizens the right to use their vote effectively.
VIII. COTNT FOUR: APPORTIONMENT OF UNITED STATESGffiiqar, DrsrRrcrs

73. In 1981 North Carolina enacted a reapportionment of its
representative districts for the united states congress.

74. A true a?d accurate copy of Chapter 894 of the North

Carolina Session Laws of 1981, which establishes representative
districts for the United States Congress, is attached to this

. Complaint as Exhibit C. ,

75. Plaintiffs Belfield and Dloody are eligible to vote and

are registered to vote in the Second Congressional District.
76. North Carolina excluded Durham County from the Second

Congressional Dlstrict for the pu:pose of and with the effect of
preventing the black citizens of the Second Congressional

District from effeqtively exercising their right to vote.

A. Seventh Claim for Relief
77. Plaintiffst seventh ci.aim for relief ls brought pursuant

to 52 and 55 of the voting Rights Act of 1965r Ers amended, 42



U.S.C. SS1973 and 1973c.

78. North Carolinats apportionment, of its representative
districts for the united states congress has the purpose and

effect of diluting the vote of black citizens and of denying

black citizens the right to use their vote effectively.
B. Eiqht Claim for Relief
79. Plaintiffsr claim for relief is brought pursuant to 42

U.S.C. 51983 to enforce the equal protection clause of the Four-

teenth Amendnent and the Fifteenth Anendment to the United States
Constitution and pursuant to 42 U.S.C. 51981.

. North Carolinats apportlonment of its representative
distrlcts for the united states congress has the purpose and

effect of diluting th." vote of black cit,izens and of denying

black citizens the right to use their vote effectively.
V. Equitable Relief

81. In 1971 the North Carolina General Assembly was appor-

tioned in accordance with the provisions of the North Carolina

Constitution.
82. In L972, L974t L976, 1978 and 1980, defendants con-

ducted elections pursuant to the L972 apportionment plan.

83. Unless tle Court orders defendants otherwise, in L982

defendants will supervise and conduct elections for the North

Carolina Senate, the North Carolina House of Representatives, and

the united states congress pursuant to chapters 8001 821 and 894

of the North Carolina Session of 1981.

84. Plaintlffs have no remedy at law which is an,adequate

redress for belng deprived of their right to vote and for being

represented by a legislature that is i1legaIly and unconstltu-
tionally constituted.

Vf. Prayer for Relief
WHEREFORE plaintiffs pray that the Court:

I. Convene a three judge court in accordance with the

provisions of 28 U.S.C. 52284i

2. Certify this action to be a class action;

3. Declare that Article II, S3(3) and S5(3) of the North

Carolina Constitution are in violation of 55 of the Voting Rights

-L2-



Act of 1955r ES amended, and enjoin defendants from enacting any

Iegislation and from conducti.ng, supervisirg, participating ln,
or certifying the results of any election pursuant to an apportion-
ment which was enacted in accordance with these const,itutional
provisions until and unless theEe constitutional provisions have

been submitted and approved ln accordance with 42 U.S.C. S1973c;

4. Declare Article II, S3(3) and S5(3) of, the Constltution

of North Carolina to be in violation of 52 of the Voting Rights

Act of 1965r €ls amended, and the Fourteenth and Fifteenth Amend-

ments of the United States Constitution and enjoin defendants

from enacting any apportionment of the North Carolina General

Assernbly in accordance with these provisions and from conducting,

participating in, supervising or certifying the results of any

election for the North Carolina Senate or the North Carolina

House of Representatives pursuant to any apportionment enacted in
accordance with . these constitutional provisions;

5. Declare that apportionment of the North Carolina Senate

and North Carolina House of Representatives as enacted in Chapters

800 and 821 of the North.Carolina Session Laws of 1981 violates
the equal protection clause of the Fourteenth Amendment to the

United States Constitution because the apportionnent does not

have representation districts rrhich are equal ln size and enjoin
defendants from participating in, supervising, condueting, or

certifying the results of any election pursuant to this apportion-

ment 
"tta from enacting any apportionment in the future which has

ri
representation districts which are not equal in size i

5. Declare that the apportionment of the North Carolina

€enate and the North Carollna House of Representatives as enacted

in Chapters 800 and 82I of the North Carolina Session Laws of

1981 dilutes the vote of, black citizens and denies plaintiffs and

other class members the right to use their vote effectively
because of their race in violation of 52 and 55 of the Vcting

Rights Act of 1965r EIS amended, in vlolation of the Fourteenth

and Fif,teenth Amendnents to the United States Constitution, and

in violation of 42 O.S.C. 51981 and enjoin defendants from

-13-



Participating in, supervising, conducting or certifying the
results of any election Pursuant, to this apportionment and from

enacting any apPortionment in the future which has the purpose or
effect of diluting the vote of black citizens because of their
race i

7. Declare that the apportionment, of the representative
diEtricts for the United States Congress as enacted in Chapter

894 of the Session Laws of 1981 denies plaintiffs and other class
members who reside in the Second Congressional District their
right Eo use their vote effectively in violation of 52 and 55 of
Vgting Rights Act of 1965r ES asrended, in violation of the
Fourteenth and Fifteenth Amendments to the united states
constitution, drrd in violation of 42 u.s.c. l981r and enjoin
defendants from participating in, supervlsirg, conducting, or
certifying the results of any election pursuant to this appor-
tionment and from eriacting a plan of apportionment of united
States Congressional Districts in the future which has the purpose

or effect of diluting the vote of black citizens because of their
race i

. Award the. costs of this action, including reasonable

attorneysr fees, to plaintiffs; and

9. Grant praintiffs such other and further relief as may

be just and appropriate.

rhis /Q day of , 1981.

951 South fndependence Boulevard
Charlotte, North Carolina 28202
704/375-8461

JACK GREENBERG
JAUES It{. NABRIT, III
NAPOLEON B. WILLIAMS, JR.
10 Columbus Circle
New York, New York 10019
ztz/586-8397

Attorneys for Plaintiffs

-14-

ambers, Ferguson, Watt, Wallas,
Adkins & Fuller, P.A.



\-,

GENERAI ASSEMBLY OF NORTH .CAR.0LINA

RATIFIED BILL

CEAPTEB 8OO

, EO[rsB BrlL 415

AT{ ACT TO APPOBTTOU rHE DISIBICIS OP TBB NORTB

EEPBESETITITIVES.

the GeaeEal asserbu of xorth caroliua eoacts:
'.,'. Sectioa 1. G.S. 120-2 Ls reurlttea to reacl:

trl 120-2. Eouse apportiounent specifieg.--por the purpogb of
aoniaatiog aucl electing leqbers of the f,ortb Caroliaa Eouse of
Represeutatives ia 1982 aad every tro fears tLereafter, the state
of North Carolioa shall be divl<led iato forty-four 6istricts . as

District 1 sharl coasist of caadleu, chouan, currltuck, Dare,
Pasquotank, Perquinaus, Eyrrerl, and rashi.ngtoa. couuties, aad

shall elect tro Bepreseatatives.

District 2 shall consist of Beaufort aod Byde counties, aacl

shall elect oue Eepresentative.

District 3 sha1l consist of Cravear .foues, leuoir, aadl paulico
countiese aad shalr elect three Bepreseatatives.

District q shall coasist of Carteret aad ousloc couDties, aad
sball elect thEee gepreseatatives.

District 5 sharl cousist of gertie, Gates, .Eertfor6, ;artia,
aad llorthaupton Couatie5, aad sball elect tro aepieseatatives.

District 5 shall coasist of Ealif,ax couuty, laad shall elect one
,,Represeotatj.ve.

CIEOLIIA HOUSE: oP

i.'. - :

\.../

EXIIIBIT A--5 pages



District 7 "U"ff 
i 

"oo"i"t of Eclgeconbe, l{as},, ancl Iilsou
Counties, and shaLtr elect four Bepresentatives

District I sual,I consist of Greeue aud Pitt Countiesi aocl shall

erect tro Represeutatives. '

District 9 shalL cousist of Iayne County, ancl shall elect.tro

EepEeseotati.ves.

District 10 shall cousist^ of '.8obeson Couutyr.'-ancl shall elect

tfO BepfeSentatiYgS. ' :..i: ': '' 1:s'r""'::.'i..'. rlr'i:.-. ' "l;

District 11 sball consl-st of Brunsrick, Duplin, aacl Peuder

Countibs,aadshalleIecttroBepreseotatives.
District 12 shall cousist. of llev"Eanover Couuty, .aad. shall

elect tro RepEese[tatives. :

District 13 sball coasist'of, Casvel].i.Grauvillea Person, YaBce,
:-

ancl larreu Countiesr.. aocl shaLl eJ.ect three -Bepreseutatives.
i,

Distri.ct 14 shaII consist of '"Franlc1ia'aacl Johnston Couaties,

anci shall elect tro Bepresentatives . -. :

District 15 sl.iff consist of Bake County, aud sball elect,,sir

Bepreseotatives. ' .; :: '.'--' " '::;":'' ' ,.'

District. 1e shal.]. cousist of Durhau CouDtIr, ancl sball elect

thEee EepreseatatiYes.

District 17 shall cousist of Chathau ancl Orange Counties, aod

sball elect tro BePreseutatives.

District 18 shali coas1st of Harnett ancl Lee Couuties' antl

'shall elect .tro BePreseotatives. .

District 19 shall consist' of. Bladeu, Colunbus, ancl Sanpson
'

Couaties, aud sball eJ.ect three Bepreseatatives:

,.

2 Eoqse Bi].l 415



:

' uistEict 20 shall consist of Cunberlaod coutrty, aad, shall elect
fiveRepresentatives. : '.

Y District 2'l sh,all consist of Eoke.a[d scotlaacl couuties, aacl

shall elect one Bepresentative. r ,

I

District 23 shal-l coasist of cuilford couuty, aDd shalf elect

District 24 shall cousist of: Raudolph couDtl aad shal1 elect
tuo Represeotatives. -. ..

District 25 sb'all cousist of Uoore'County, ancl sba1l elect o1e.
Repleseutative. : : ::r:...i...

District 26 shalt cousist of ansou aucl uoutgouerr couaties, , aDdl . . ' . :

:

District 27 shall cousist of EicL,noad county, .ada. sha1l elect :

J
oue RepEeseotative : -.

:

District 28 shall coasist of alleghauye lshe, stokes, Surry,
a[d, tlatauga couoties, aacl' shall elect three Represeutatives.i . .

,

District 29 shall coosist of lorsytb CouDtyr'aucl sha].]. elect 
I

five Representatives 
.District 30 shall consist of Davi.dlsoa aad, Davie Couuties, aacl

shall elect th,ree Represeatatires..

District 31 shall cousiit of Sorau Couaty, aad shall elect tro
. Bepreseatatives. . :

District 32 shalI gonsist of Staaly Couaty, aud shall elect one--.
. EepEesetrtative.

i

i

u'I

3
House BiJ.l 415



Dis:trict 33 shall ebusist of Cabarrus-aud UDiotr Couuties, aud

all elect thfee Bepreseutatires. ' : 
"

Drstrict 34 shall cotrsist of ' CaldrelJ., Ilil]cesr aud, Iaclkin .-J
ruoties, auci sball elect three B.epresentatiYes.

District 35 sball cousist of ,AlexaDiler and IredeIL Couuties,

rcl shall elect tr o R.epEeseatatives;. ' ;

Drstrist 36 shall coosist 'of "lleclclenburg County, aud shall

.ect aioe Bepreseutatives.
.l

District 37 sbal.J. coosist of Catarba:Couuty, aucl shal.l elect

District 38 shall consist of 'Gastou aatt Liicolo Couoties, aucl

rall elect four Bepreseutatives- ' ,. : .:

District 39 'shall consist of Avery, Burke, and Ej.tchell
i

ruuties, anci shall elect tro Bepreseutativeb.' '

District 40 shall coasist of Clevelandl, Polkr. aud 8utherf6rd.. -

)u!ties, anct shall elect three Bepreseutatives. - i !
District 41 shall coasist of f,cDorell'ancl Iancey Couuties, and

haI.L elect one Bepreseatative. 
.

District 42 shall cousist . of Buuconbe, Eeodlersou' aad

cansylvauia Couuties, aucl sAdtt elect five RePEesentatives.

District 43 sbaJ']. consist of Eayrood, Jacksour [aclison, ancl

raiu Couaties, and sbalJ. elect tro. Bepiesentatives.

District 44 shall cousist of Cherokee, Clay, Grahau, aacl llacon

ourties, auct shall elect- oue':Eepreseutative. '

I

.

ii
.

I

- Eouse BiIl 415



:

sec. 2.' tbis ,act is eff,ective'trpoa'ratificatioa.
Iu tbe' General tsseubly Eead t.hree tines ancl:ratified,

this the 3cd day of ,JuIy, 1981-

JAMES C. GREEN

ilanes C. Greeu

gresicleqt of the Seaate

USTON B. RAMSEY

Liston B. Rausey

Speaker.of tLe Eouse of BePEesentatives

\-,

House Bi]'l ll15 t.



\-/

GENERAL ASSEMBLY OF NOHTH CANOUNA

SESSION 1981

RATIFIED BILL

cEtPrEE 821

, SENAIE: BILL 313

AI{ ACT TO ESIIBLISE SEXATOBTAT DISTEICTS AXD TO APPOBTIOT SEATS

IIT IEE SEX^LTB ASOXG DXSTBICTS.

the Geueral Asseobly of Xorth Carolisa euacts:

Sectiou G. S. 120-1 is hereby d,eleted aucl the
folloriag iosertecl in lieq thereof:

Il 120-1. Seoatots.--For the purpose of noninatiug. aad

etlcting renbers;; selate ia 19a2 andr eveEy tro yeaEs

thereafter, senatorial tlistricts are establisheil andl seats ia the

se[ate are apportiouecl aaorg those ilistric'ts as folrocs:' r

District 1 sball cousist of Beaufort, Bertie, candlen, choran,

Currituck, Dare, Gates, .Eertford, Eyde, Xorthaoptoa, pasguotank,

Perquiaaas, fyrrell, audl lasbiagtoa Couuties andl shalI elect tro
Seaators

District 2 lUatt cousist of Carteret, Craveur and Paalico

Coutties aacl shal]. elect one SeaatoE.

District 3 shall couslst of, Oas1or Coqaty anil shall elect oue

Seuator

District 4 sbalL coasl,st of trer Eaaover and Pencler Cousties aatl

shall elect one Seuator. 
I

District 5 shatl cousist of Dupliu, iloues, aacl Leaoir Counties

aod shal.l elect ooe SeaatoE. , i

District 6 shald coosist of )ld,geconbe aad dalifar Counties andl

shall elect o[e Seaator.

HGIIBIT B--4 pages



l

"DistEict 7 shall coosist of, Eartin aad, Pitt Counties aacl sha1l
. elect one SeoatoE.

. t-

District I shall consist o.f, franJcliar. Xash, saDce, rarren, and \/,
ti.lsoo Couati€s aad sLall e.l'ect.,tro ,seuatots.

District 9 shall coasist of GEe€E€ aaat fayue Cou-uties aod shall
elect oDe SeDator. -. :': 

' 
,,, .

..
District 10 shall coqiLst of'Jol,nstoa ancl Sanpson Couaties and

shall elect one Senator.

District 11 shall consist of' Curberlaadl Couaty aucl shal.l elect
tro SeoatoEs. . -- :

District 12 sha1.l consi.st'of' Bladeu, Bruusr.ick, ancl Coluubus'

Couuties aacl shall elect o[e Senator.

. District 13 shaJ-L . consist of Boke aadl Bobesou Counties..ancl
!L

shall elect oue Seuator.

District 14 shall consigt of,. .Durhaa., Graaville, aud Persoa

Counties aucl shall elect tro .Senat,oEs. \/

District 15 shall coosist of Baraett, Lee aucl ilake Coua.ties aag

shall elect three Seaators. .

. District 16 shall coosist,of ;LLleghauy, Ashe, suErl, aad latauga

Counti.es aod sbaJ.l elect one Seaator-

District 17 shall coasist'''of SocklDghar aadl Stokes Couaties aacl
Ir

shall elect one Seuator. i ;.. ,

. District 18 shall . cousi.st of .CLatban., [oore, Oraage, .andt ..

Raadolph Couuties aad shal.J. elect tro Seaators. :

DistEict 19 sh,arl consist. of lrsoar'Eostgor€E;i, Bicbloud,

scotlaad, Stauly, aad tlnioa couaties aad i shal,l erect tro.:

i,
li \J

'li'2 : seuate Bill 313



. District 20 shall cooiist of al'aqance aacl casyel]. counties aadt

shall elect oDe SeoatoE.

\-/ District 21 shal} cousi.st 'of Forsyth couaty aacl shall elect tro
.seaators..'l

District 22' shall coasist of Guilfordl couaty and shal]. €Iect
tbfee SeDatoEs.

District 23 sball coosist of Davr.dsou, Davie, aud Borau \.

Couoti.es aucl shall elect tro Setators.
District ztt sball cousist of cabarrus ao<l Eeckleuburg counties

ancl shall. elect four Sena-toEs.

District 25 sha11 cousist of llexaadter, Catarba, rredell, and

rad,kia countieis auil sharl elect tro seaators.
\
District 26 shal-l coasist of Avery, Burke, caldlrell, ltitchell,

and Hirkes coqntie= 
"od shalr elect tro seaators-

District 27 shall coasist of Clevelaud, Gastoa, Litcolu, aad\-/
Rutherford counties aod sharr elect three senators.

District 28 shall consist of Buaconbe, uaclison, ucDorell, aacl

rancey couaties aud sharr elect tro seuators.
District 29 shall consist of Cherokee, Clay, Grahau, Eayuoocl,

Headersoo, ilacksoo, EacoD, Polk, Srait, ancl rransylvaaia Couuties
and shall elect tuo Seoators.n

Seoate Bil]' 313



:i ''
t:

Sec- 2'.' tledg'rct ' i.s 
'effectf ye upoa ratificatiou. ' ;;.

' . Iu tb.e Geaeral lssor\l1 reerl three; tiues asd ratifLed,

t

'..,
Presitlettt d the Seqate :

j r.<.iiic.'.1u.:j, ; . . i..-...'- r.;., . .r...r .i.iJJL.1 _.

LISTOI{ B. RAMSEY .

LJ.stm' 8.'.Bansey

SpeaX,es of the Eouse of Bepreseutatives

I

t

,

I

4 Seqate BiI]. 313

t/



("

GENERAL ASSEMBLY ()F NOHTH CAROLINA

SESSION 1981

RATIFIED BILL

CEAPSER 894

SETATE BILL 87

AII ACt !O DIYIDE TORTE CIEOLIf,E IXIO ELEYETI COIIGBESSIOITr

The General lsseubly of t{ortL Caroliaa eaacts:

sectioa t- G.s. 163-26'r is rerritteD to reacr:
ng 163-201. lonqressioual dlstricts specified.--(a) For the

PurP-ose of aoriaatiag aatl . eletting nel.bers of tLe Eouse . of
Bepresentatives of the Cougress of the Unitecl Stites in 1gg2 aucl

everl tro yeaEs'thereafter, tbe'State of fortl Caroliaa shall be

di.vided into 11 districts as follors:
FIAST DISIBICI: Beaufort, Bertie, Caadeu, Carteret, Cb6raa,

aveD, currituck, Darer Qatesr-Greeae, Eertford, Eydle, Leaoir,
Eartin, Northanptoor .panlico, pasguotauk, perquioaDs, pi.tt,
TyrreII, aarl lashiagtoa Couuties.

sEcorD DIs1RICI: llanaace, CasueJ.J', 'Chatban, 
Edlgecoube,

Frankrin, eriuviJ.le, EaJ.ifa:, xash, person, yaacer. rarreor. andl

Iilson Coonties.

fHIRD DISIBICIi Bladleu, Duplia, Earaettr' dloh,astou, iloaes, Lee,
' ODsIor, Pescler, Sanpson, aad layae Cobuties.

Pou8lE DrsrBrcr: Durhar, oraage, aadl rake couuties. 
:

' Bockinghal, Stokes, Sutrry., aacl liLkes Coquties.
.'SIIrE DIsfBIcf: Davidso!, GuilEord, aBd Batrlolph Couatles; aarl

ouly the folloriag toruships of loore Couaty: Tovuship 1

EXIIIBIT C--3 pages



(Oartirage) , T.oraship, 3. (Sbeffie.ldsl , toruship 4.\
rornship 5 (Deep Biver)', 'a^Bd torasbip, 6 (Greeurood).

sEVEI'rH DIslglCt:. Bruusrick, Coluabus, Cunberlaad, Ifer
Hano.vec, aad Bobesou Couaties.... t l,l _ _ .

' EIGHTH. DISIBICI:. Ansonr. ca:barr[9e Da.vie, Eoker. uoutgooery,
Richoond, Roran, scot.randr, stanlrer 0aiou, aa& rartkio couuties;.
aad arl tornships. of Eoore couatl, ercept: loraship 1 (carthage),

\toruship 3 (sbeffi.erds),r, rornship q (Bltters) r. rornship 5 (Deep
Biver) , fouaship 6 (Greearood) ..

lrtra DrstBrcr: rredellr. tiac-olnr, aaci. reekleaburg. courties.
8Eiltlt. ofstAiCt: Ayery.r. Egrkea Caldrel].r. Catarba, Cleveland,,

BLEYEIIE DrsrBrcr.:, Buncoubgr, c!3rokee, cl"y,, Grahao, Eayroodr,
!

Hendersou, ilackson 1 Uaco!r, f,.adis9ne,. EcDorellr, Uitchell, polk,
Butherford, sraia, rransyrvaaia,, aacr, taacey a:;ra;"".- 

--' 
. 
--"''

(b) the Daa€ audl bounclari." of toraships specified iq this
sectiou. are as they rere legall.y 

. 
defineil audl in effect . as of

January !r.1980r. and recoguize.d ii the, 19go tr-s.. ceusus.rt

(Bitters) ,

)

2 Seaate Bi]']. A7



a rl

. Sec. 2. lbis act is effective upon ratificatiou.
rn the Geoeral assenbly read three tines aud ratJ.fied,

this the 9th tlay of July, 1991.

JAMES C. GREEN

.Ianes C.. GEeea

Presideut of tbe Seuate

USTOT{ B. RAMSEY

Listou B. Bansey

Speater of tLe Eouse of gepresentatives

o

Senate BitI 87 5