Fax from Stein to Chachkin, Berrien & Cox RE: Proposed Motion for Leave to File Amici Curiae Memorandum & Amici Curiae Memorandum in Support of Defendants' Motion to Reconsider

    04/20/98 MON 10:12 FAX 919 $ 4953 RUDOLF & MAHER [doo1 

  

FERGUSON, STEIN, WALLAS, ADKINS, GRESHAM & SUMTER, P.A. 
312 West Franklin Street » Chapel Hill, NC 27516 +» Phone (919) 933-5300 = Fax (919) 967-4953 

FACSIMILE TRANSMITTAL 

Date: April 2@, 1998 TIMES:15 AM 

  

  

  

From:Adam Stein 
    

RE: CROMARTIE 

PLEASE DELIVER TQ: 

    

  

NAME: NORMAN CHACHKIN 

JACKIE BERRIENSZ | 1 20L =] 

TODD COX _ 2ol (,X 2 (24 

TELEPHONE #: 

  

  

TELECOPIER #: (212) 226-7592 

(202) [CALL 682-1300 FOR #]   

  

# OF PAGES 9 (INCLUDING COVER SHEET) 
  

If there are problems with this transmission, please contact = (ana, at 919/933-5300. 
  

COMMENTS: 

  
    
  

IS THIS WORTH FILING? IF SO, PLEASE RESPOND ASAP AS IT NEEDS TO 
GO IN THIS AM. CAN YOU GIVE ME A CITE FOR END OF PARA 2? 

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   04/20/98 MON 10:12 FAX 919 967 4953 RUDOLF & MAHER [doo02 

UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF NORTH CAROLIN 

EASTERN DIVISION 

Civil Action No. 4-96-CV-104-BO(3) 

MARTIN CROMARTIE, ef al,  ) 
) 

Plaintiffs, ) 

) 
v. ) 0 

) JAMES B. HUNT, JR, in his official) Oo 
Capacity as Governor of the State of ) X 
North Carolina, et al, ) Ne 

) 
Defendants, ) 

MOTION FOR LEAVE TO FILE AMICI CURIAE 
MEMORANDUM AND MEMORANDUM OF AMICI CURIAE IN 
SUPPORT OF DEFENDANTS’ MOTION TO RECONSIDER 

Amici curiae Alfred Smallwood, et al., whose unopposed motion for intervention 

has been pending since July 11, 1996, request that the court permit them to file this 

memorandum to make the following two points. 

1. Defendants’ Motion to Reconsider Stay, if granted, would substantially 

reduce the disruption to North Carolina’s election process occasioned by the court’s 

injunction. One half of state would be freed from the order. More significantly, only two 

of the eight scheduled congressional primaries would be cancelled. There is a Republican 

primary scheduled in the 12™ CD; there is a Democratic primary scheduled in the 9" CD, 

There are no primaries scheduled for the 8" CD, 10" CD, 5" CD or 6" CD. (Two 

Democrats initially filed in the 8" CD, but one later withdrew.) On the other hand, six 

primaries could be held as scheduled: Democratic primaries in the First, Third, Fourth 

and Seventh Districts; and Republican primaries in the First and Second. 

 



   04/20/98 

=, \ This the 20" a of April 1998. 

MON 10:12 FAX 919 967 4953 RUDOLF & MAHER 

2 What the defendants propose is strikingly similar to what the three judge 

    

district court in Texas did following the Supreme Court’s decision in Bush v, Vera. S17. 5 Vz 

    U.S. 952, 116 S.Ct. 1941, 135 L.Ed2d 248 (1996) requiring revision of (hg@ 7 
unconstitutional Congressional Districts. The court there only set aside primaries in the 

unconstitutional districts and some districts immediately adjacent to them but left 

undisturbed the con Es election process in the SSugrestion] Districts in the 
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Elaine R. Jones Adam Stein 
Director-Counsel Ferguson, Stein, Wallas, Adkins, 
Norman J. Chachkin Gresham & Sumter, P.A. 
Jacqueline A. Berrien 312 West Franklin Street 
Victor A. Bolden Chapel Hill, NC 27516 
NAACP Legal Defense & (919) 933-5300 
Educational Fund, Inc. 

99 Hudson Street, Suite 1600 
New York, NY 10013 

(212) 219-1900 

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