Fax from Everett to Smiley RE: Draft trial exhibit list and proposed stipulations

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Description of document. Enclosed \ 5 ih ough daft 

the teal exhibit Ist and an 

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Me Ceomacte on the witness Nst; 

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Plairmiffs’ Preliminary Exhibit List 

Date and Time; Ootober 22, 1999, 4:30 pm. 

rom Deposition Exhibits: [1-99] 

Deposition Exhibit 1: 
Deposition Exhibit 2. 
Deposition Exhibit 3. 
Deposition Exhibit 4: 
Deposition Exhibit 5. 
Deposition Exhibit §; 
Deposition Exhibit 7: 
Deposition Exhibit 8: 

Deposition Exhibit 9: 

Deposition Exhibit 10: 

Deposition Extubit 11: 
Deposition Exhibit 13: 

Deposition Exhibit 14. 

Deposition Exubit 16: 

Deposition Exhibit 17: 

Deposition Exhibit 18: 
Deposition Exhibit 19: 

Deposition Exhibit 20. 

Deposition Exhibit 21: 

Deposition Exhibit 22. 
Deposition Exhibit 23; 

Deposition Exhibit 24: 

Deposition Exhibit 25: 
Deposition Exhibit 26: 

Deposition Exhibit 27: 

Deposition Exhibit 28: 

Plan: 96 Congress Winner/Cooper 1.0 

Plan: 96 Congress Winner/Cooper 1.1 

Plan: 96 Congress Winner/Cooper 1.2 

Plan: 96 Congress Winnet/Cooper 2.1 

Plan: 96 Congress Winner/Cooper 2.0A 

1997 Congressional Plan A (Senate) map 

97 House/Senate Plan A map 

copy of article, The News & Observer, 12/29/96, “Legislators loath 

to split counties when redistricting,” AP 

Congressional Plans in System with Creation Dates on or after 

January 1, 1996 
“Political landscape changes,” aticle from The News & Observer, 

7/9/91 

metro, Cohen to United States Department of Justice, 10/14/91 

map, Evolution of Congressional District 1, 1992 and 1997 

Congressional Plans 
map, 1997 Congressional Plan-District 12 Region Precincts by 

Percent Democrat Vote in 1990 Senate Race 

Group of E-mail memoranda, Cohétt to Cooper, 2/2/197-3/20/97 

document entitled “Redistricting Law 2000,” Redistricting Task 

Force of the National Conferénss of State Legislatures 

statistics, 97 Congress Cooper 3.0 

Cromartie, eh. al, v. Hunt, ¢t. al., affidavit of David W. Peterson, 
Ph.D, 2/27/98 

Cromartie, et, al, v. Hunt, et al., second affidavit of David W. 

Peterson, Ph.D, 5/8/99 

data from PRI Associates, : 

N:\Clients\NC_Redistrict\Programs\BASCORR, 2/24/58 

additional data from PRI Associates, 9/7/99 

Type P Divergent Segments Using Democratic and Black 

Registration 
Type R Divergent Segments Using Democratic and Black 

Registration 
Summary of Divergent Precincts and Segments by County 

Congressional District 12, 1992 Plan, Black Population, Watt races, 

1992, 1904, 1906, Congressional District 1, 1992 Plan, Black 

Population, Clayton races, 1992, 1894, 1996. 

Population, Voting Aye Population, and Registration for three 

elections 
E-mail memoranda, Cohen to Basnight and Brubaker, ¢t¢. 

 



  

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Deposition Exhibit 29: 

Deposition Exhibit 30: 

Deposition Exhibit 31: 

5:43 No.001 P.O3 

The Evolution of the First and Twelfth Congressional Districts in 

the 1990s, Linwood Jones 

Redistricting 1991, Legisiator's Guide to North Carolina 

Leglalative and Congressional Redistricting, 2/91 

spreadsheet showing District Z election and registration data 

Deposition Exhibit 32 Plan: Congress«835-1.3 

Deposition Exhibit 33: 

. Deposition Exhibit 34: 
Deposition Exhibit 35: 
Deposition Exhibit 36: 

Depasition Exhibit 37: 

Deposition Exhibit 38: 
Daposition Exhibit 39: 
Deposition Exhibit 40: 
Deposition Exhibit 41. 

Deposition Exhibit 47: 

Deposition Exhibit 48. 

~ Deposition Exhibit 49: 

Deposition Exhibit 50: 
Deposition Exhibit 51. 
Deposition Exhiblt 32; 

Deposition Exhibit 52: 
Deposition Exhibit 55: 
Deposition Exhibit 56: 
Deposition Exhibit 57: 
Deposition Exhibit 58: 
Deposition Exhibit 59: 
Deposition Exhibit 60: 

Deposition Exhibit 81; 
Deposition Exhibit 62 
Deposition Exhibit 64. 
Deposition Exhubit 66: 
Deposition Exhibit 67. 
Deposition Exhibit 68: 
Deposition Exhibit 69: 

Deposition Exhibit 70: 

Plan: Congress-935=1.5 
Plan: Congress-95«8. 1 

Plan: Congress-96-Plan A 

Plan: Congress-97-Flan A 

Plan: Congroess-95-9,1 

Plan: Fiteh/Michaux Plan-111 

Plan: House 1997 Congressional Plan A 

Plan: House 97 Congressional Plan B 
memorandum, Jones to House Congressional Redistricting 

Committee, 2/25/97, with attached House 97 Congressional Plan 

Al 

Cromartie, et. al. v. Hum, et al., Declaration of Dr. Ronald E. 

Weber 
Exhibit A to Declaration of Ronald BE. Weber, curriculum vitae 

Exhibit B to Declaration of Ronald E. Weber, Casés int which Dr. 

Roneld E. Weber has Testified as an Expert or been Deposed 

Under Oath 
Exhibit C to Declaration of Ronald E. Weber, case analyses 

Exhibit D to Declaration of Ronald E. Weber, registration analyses 
Exhibit E to Declaration of Ronald BE. Weber, reconstituted election 

analysis 
Places Split by 97 Congressional Districts 
Shaw Declaration of 1 H. Froelich, Ir., unsigned 
Cromartie Affidavit of JH. Froelich, Ir. 
Statement on Redistricting by Representative Richard T. Morgan 

E-mail, Cohen to Cooper and Winner, 2/10/97 re. 97 Cooper 3.0 
Cromartiz v. Hunt Affidavit of W. Edwin McMahan 2/26/98 
precinet map, Rowan County, enlargement of portion of Exhibit 61 

prepared by Everett 
precingt map, Rowan County, prepared by Everett 
Rowan County Districts 
Cromartie v. Hunt Affidavit of R.O. Everett, 1/30/98 
1990 North Carolina State Transportation Map 
map, North Carolina Congressional Plan (1992) 
Population Affected by Adoption of ‘97 Congressional Plan 
map, Voter Precincts as Recorded in the Plan90 Apportionment 
System 
map, 1990 Minor Civil Division (Townships) for North Carclina 
Counties 

 



   
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Maps and Possible Joint Exhibits [100-199]: 

108. Map of Evolution of Congressional District 1 (comparing 1992 and 1997 plans) 

109. Map of Evolution of Congressional District 1 (comparing 1991 and 1997 plans) 

110, Map of Evolution of Congressional District 12 (comparing 1992 and 1997 plans) 

111. Map of area of District 12 with black population [same as Map M of McGee Affidavit] 

112. Map of Guilford County with black population and Democratic voter registration {same as 

Map N of McGee Allidavit] 
113. Map of Forsyth County with black population and Democratic voter registration [same as 

Map O of McGee Affidavit] 
114. Map of Mecklenburg County with black population and Democratic voter registration [same 

as Map P of McGee Affidavit] 
115. Map of ares of District 1 with black voting age population 

116. Map of Beaufort County with black voting age population 

117. Map of Craven County with black voting age populetion 
118, Map of Granville County with black voting age population 

119. Map of Jones County with black voting age population 

120. Map of Lenoir County with black voting age population 

121. Map of Person County with black voting age population 

122, Map of Pitt County with black voting age population 
123, Map of Washington County with bluck voting age population 
124. Map of Wayne County with black voting age population 
125. Map of Wilson County with black voting age population 
128. Map of area of District 12 with black voting age population 
127. Map of Davidson County with black voting age population 
128. Map of Forsyth County with black voting age population 
126. Map of Guilford County with black voting age population 
130. Map of Iredell County with black voting age population 

131. Map of Mecklenburg County with black voting age population 

132, Map of Rowan County with black voting age population 

133. Map of ares of District 1 with support for Democrat candidate in 1988 Court of Appeals 

contest 
134, Map of Beaufort County with support for Democrat candidate in 1988 Court of Appeals 
contest 
135, Map of Craven County with support for Democrat candidate in 1988 Court of Appeals 

por A of Granville County with support for Democrat candidate in 1988 Court of Appeals 

137, Map of Jones County with support for Democrat candidate in 1988 Court of Appeals 

iE of Lenoir County with support for Democrat candidate in 1988 Court of Appeals 

199. Map of Person County with support for Democrat candidate in 1988 Court of Appeals 

a of Pitt County with support for Demaosrat candidate in 1988 Court of Appeals contest 

  

 



   
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141. Map of Washington County with support for Democrat candidate in 1988 Court of Appeals 

2. Map of Wayne County with support for Deinocrat candidate in 1988 Court of Appeals 

Ni of Wilson County with support for Democrat candidate in 1988 Court of Appeals 

yg of area of District 12 with support for Democrat candidate in 1988 Court of Appeals 

oni of Davidson County with support for Democrat candidate in 1988 Court of Appeals 

I of Forsyth County with support for Democrat candidate in 1988 Court of Appeals 

pig) of Guilford County with support for Democrat candidate in 1988 Court of Appeals 

148. Map of Iredell County with support for Democrat candidate in 1988 Court of Appeals 

ior, of Mecklenburg County with support for Democrat candidate in 1988 Court of 

Appeals contest 
150. Map of Rowan County with support for Democrat candidate in 1988 Court of Appeals 

contest 
151. Map of area of District | with support for Democrat candidate in 1830 U. 8. Senate contest 

152. Map of Beaufort County with support for Democrat candidate in 1990 U. §. Senate contest 

153. Map of Craven County with support for Democrat candidate in 1990 U. §. Senate contest 

154. Map of Granville County with support for Democrat candidate in 1990 U. 8. Senate contest 

155. Map of Jones County with suppait for Democrat candidate in 1990 U, 8. Senate contest 

156. Map of Lenoir County with support for Democrat candidate in 1990 U. S. Senate contest 

157. Map of Person County with support for Democrat candidate in 1990 U. 8. Senate contest 

158. Map of Pitt County with support for Democrat candidate in 1990 U. 8. Senate contest 

155, Map of Washington County with support for Democrat candidate in 1990 U. 8. Senate 

contest 
160. Map of Wayne County with suppert for Democrat candidate in 1990 U. 8. Senate contest 

161. Map of Wilson County with suppart for Democrat candidate in 1990 U, 8, Senate contest 

162. Map of area of District 1 with support for Democrat candidate in 1990 U. 8. Senate contest 

163. Map of Davidson County with black voting age population 
164. Map of Forsyth County with blagk voting age population 

165. Map of Guilford County with black voting age population 
166. Map of Iredell County with black voting age population 
167. Map of Mecklenburg County with black voting age population 
168, Map of Rowan County with black voting age population 
169, Map of State of NC, with population density by block groups for total population of all 
races, from NC State Center for Geography 
170. Mep of central Piedmont with population density for total black population 

171. Map of northeastern NC with population density for total black population 
172. Map of Beaufort County with pin dot population density for total black population 
173. Map of Craven County with pin dot population density for total black population 

  

 



   

  

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174. Map of Granville County with pin det population density for total black population 

175. Map of Jones County with pin dot population density for total black population 

176. Map of Lenoir County with pin dot population density for total black population 

177. Map of Person County with pin dot population density for total black population 

178. Map of Pitt County with pin dot population density for totel black population 

179. Map of Washington County with pin dot population density for total black population 

180. Map of Wayne County with pin dot population density for total black population 

181. Map of Wilson County with pin dot population density for total black population 

182. Map of Davidson County with pin dot population density for total black population 

183, Map of Forsyth County with pin dot population density for total black population 

184, Map of Guilford County with pin dot population density for total black population 

185. Map of Iredell County with pin dot population density for total black population 

186. Map of Mecklenburg County with pin dot population density for total black population 

187. Map of Rowan County with pin dot population density for total black population 

188. Map of Cabarrus County used to sstablish boundary segments for analysis of Dr. Peterson 

188. Map of Davidson County used to establish boundary segments for analysis of Dr. Peterson 

160. Map of Davie County used to establish boundary segments for analysis of Dr. Peterson 

191, Map of Forsyth County used to establish boundary segments for analysis of Dr, Peterson 

192. Map of Guilford County used to establish boundary segments for analysis of Dr. Paterson 

193. Map of Iredell County used to establish bounidaty segments for analysis of Dr. Peterson 

194, Map of Mecklenburg County uged to establish boundary segments for analysis of Dr. 

Peterson 

198, Map of Rowan County used to establish boundary segments for analysis of Dr. Peterson 

196A. Election retums from Cabarrus County for 1988 Court of Appeals election 

1968. Election returns from Davidson County for 1988 Count of Appeals election 

196C. Election returns from Davie County for 1988 Court of Appeals election 

196D. Election returns from Forsyth County for 1988 Court of Appeals election 

196E. Election returns from Guilford County for 1988 Court of Appeals slsetion 

196F. Election returns from Iredell County for 1988 Court of Appeals election 

196G. Election returns from Mecklsaburg County for 1988 Court of Appeals election 

196H. Election returns from Rowan County for 1988 Court of Appeals election 

197A. Election returits from Cabarrus County for 1988 Lt, Governor glection 

197B. Election returns from Davidson County for 1988 Lt. Governor election 

197C. Election returns from Davie County for 1988 Lt, Governor alaction 

197D, Election returns from Forsyth County for 1988 Lt. Governor election 

1976, Election returns from Guilford County for 1988 Li. Governor election 

197F. Election returns from Iredell County for 1988 Lt, Governor election 

197G. Election returns from Mecklenburg County for 1988 Lt. Governor election 

{97TH, Election returns from Rowan County for 1998 Lt. Governor election 

198A. Map of the 1870s North Carolina Congressional Districts, highlighting “Old Black 

Second” District 
198B. Map of the 1880s North Carolina Congressional Districts, highlighting “Old Black 

Second” District 
198C. Map of the 1890s North Carolina Congressional Districts, highlighting “Old Black 

Second” District 

  

 



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169A. Chronology of Redistricting, by William Gilkerson 

1998. Map of North Caroling gounties with percentage total black population, with 12% 

Congressional District overlay 

199C. Map of 1980s congressional Districts in NC 

169D. Map of 1970s congressional Districts in NC 

199E. Memorandum of Gerry Cohen to US Department of Justice, November 3, 1891, from 

1991 plan Section § submission 

169F. Selected portions of 1991 plan Section 5 submission, related to congressional redistricting 

109G. Precinct and township maps for each county of North Carolina, from Legislative Research 

Office. Y 4/3 S09/2:R31 

1994. Remarks of Sen, Dennis Winner in Senate floor debate regarding 1992 plan 

1991. Log for Congressional Plan Type-based Plans Created in the Accounts of Getty Cohen and 

Linwood Jones from 6/28/93 through 3/26/47 

199]: Election returns for Congressional Distncts 1 and 12 for all primaries and general elections 

from 1992 10 the present 

199K. Maps and Demographic and Partisan Data for 1997 Congressional Plan A, for area of 1¥ 

and 12” Districts 
66M. Maps and Demographic and Partisan Data for 06 Congress Winner/Cooper 1.0, for area 

of 1% and 12” Districts 

199N. Maps and Demographic and Partisan Data for 96 Congress Winner/Cooper 1.1, for area 

of 1¥ and 12" Districts 
1990), Maps and Demographic and Partisan Data for 96 Congress Winner/Cooper 1.2, for area 

of 1% and 12% Districts 
199P, Maps and Demographic and Partisan Data for 96 Congress Winnet/Cooper 2.0, for area of 

1¥ and 12% Districts 
199Q. Maps and Demographic and Partisan Data for 96 Congress Winner/Cooper 2.1, for area 

of 1* and 12* Districts 

Plaintiffs’ Proposed Exhibits: [200-299] 

201. Demographic and Partisan [ata to accompany Map of 1981 Congressional District Plan 

(denied preciearance) 
202. Demographic and Partisan Data to accompany Map of 1592 Congressional District Plan 

(1992 Congressional Base Plan #10) 

203. Demographic and Partisan Data to accompany Map of 1997 Congressional District Plan 

(1997 House/Senate Plan A) 

204, Demographic and Partisan Data to accompany Map of 1998 Congressional District Plan 

(used in 1998 election) 

205. Demographic and Partisan Data to accompany Map of 1997 first proposal by State Senate 

(Sen. Cooper, committee chair) : 

206. Demographic and Partisan Data to accompany Map of 1097 first proposal by State House 

(Rep. McMahan, committee chair) 

307. Demographic and Partisan Data to accompany Map of 1996 proposal by State House (Rep. 

Morgan, chair, Bula Committee)  



         
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208. Map and Demographic and Partisan Data for 97 Congress Cooper 1.0 plan, with maps of 
the area of the First and Twelfth Congressional Districts 
209, Map and Demographic and Partisan Data for 97 Congress Cooper 2.0 plan, with maps of 
the area of the First and Twelfth Congressional Districts 
210. Map and Demographic and Partisan Data for 97 Congress Cooper 3.0 plan, with maps of 
the area of the First end Twelfth Congressional Districts 
211. Clayton, Politics of North Carolina Redistricting, Thesis for Ph. D, U. Missouri, gt North 

Caroline Collection, UNC-Chapel Hill library, C324.2 C615p 
211. Almanac of American Politics, for 1998 
212. Morrill/Charlotte Observer proposed plan and demographic and partisan data 
213. Grofman, B. (19835), “Criteria for Redistricting: A Social Science Perspective,” UCLA Law 
Review 33: 77-184. 

214, Morrill, RL. (1981), Politics) Redistricting and Geographies Theory, Washington, DC. 
Association of American Gengraphers. 
218. Morrill, RL. (1982), “Redistricting Standards and Strategies After Twenty Years,” Political 

, 11 361-369, 
216, Morrill, R.L. (1987), “Redistricting, Region, and Representation,” Political Geography 

© Quarterly, 6; 241-260, 
217. Morrill, R.L. (1954), “Electoral Geography and Gerrymandering: Space and Politics,” in 
G.J. Demko and W.B. Wood eds., Rgordering the World, pp. 101-119, Boulder, CO: Westview 
Press. 

218. Pildes, R.H. and Niemi, R.G. (1993), “Expressive Harms, “Bizarre Districts,” and Voting 
Rights: Evaluating Election-District Appearances after Shaw v, Rene,” Michigan Law Review, 52 
(3): 483-337. 
219. United Press International, April 21, 1984, “Attomey in Redistricting Case Only Partly 
Pleased with Results” 
220. Maps of 1984 Mecklenburg County State House districts 

221. ‘Conley, John M. and Peterson, D. W., The Scionce of Gatekseping, 74 N. C. Law Rev, 
1183 (1996) 

Defendants’ Proposed Exhibits: [300-359] 
Defendant-Intervenors Proposed Exhibits’ [400-499] 

 



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Fi D f { Pl * iff’ | St ] i 

Dato and Time: October 22, 4:30 pm, 

i. 

2 

10. 

11 

12, 

13. 

14, 

18. 

All maps on the exhibit list are authentic. 

At the request of a party, the court may take judicial notice of materials offered as an 
exhibit from the 1997 submission of Congressional districting plan, 

Plaintiff Jake Froehlich has standing to challenge the constitutionality of Congressional 
District 12. 

Plaintiff R. O. Everett has standing to challenge the ¢onstitutionality of Congressional 
District 12. 

Plaintiff Joe! K. Bourne has standing to challenge the constitutionality of Congressional 
District 1, 

Plaintiff Lois Weaver has standing to challenge the constitutionality of Congressional 
District 1. 

Plaintiff Thomas Chandler Muse has standing to challenge the constitutionality of 
Congressional District 1. 

Plaintiff Martin Cromartie has standing to challenge the constitutionality of Congressional District 1, 

Data on precinct boundaries and populations for the most populated counties, which 
would permit them to be divided in redistricting, was placed onto the state's redistricting 
computers prior to 1991, 

The staff of the General Asembly later added the precinct boundaries and populations of counties in Northeastern North Caroling into the state's computer with the expectation 
that they might be split in the formation of districts. [Cohen Nov. 12, 1993 depo, p.101] 

Registered Derocrats are prohibited from voting in Republican primaries and registered Republicans are prohibited from voting in Democratic primaries at the present time. 

I creating the 1997 Plan, the General Assembly split 22 counties. 

Ten of twenty counties were split In creating District 1 in the 1997 Plan, 

Six of six counties were split in creating District 12 in the 1997 Plan, | 

On two meesures of political behavior (the 1990 CantwTiolms and 1938 Rand/Garaner 

9 

 



   

  

   
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18, 

17. 

18, 

19. 

20. 

21. 

22 

contests), the 12% Distrigt is the politically safest in the state. 

The 12” District is the second safost using the measure of political behavior of Party 
Registration , after the 1¥ District. 

Exhibits A-P of the Affidavit of Martin B. McGee dated March 23, 1999 are authentic 
documents produced from information contained in the computer data bage of the General 
Assembly. 

Guilford County Precinct 11 is not within District 12 but is contiguous to that district. 
The precinet is 17.57% African. American in total population and 17.89% Affican- 
American in voting age population. Democrats comprise 62,32% of registered voters. 

Within this precinct, the Democratic candidate received 67.51% of the vote in the 1990 
senatorial race, 61.68% of the vote in the [98% Lt, Governor race, and 52.98% of the vote 
in the 1988 Lewis/Smith Court of Appeals race. 

Guilford County Precinct 14 is not within District 12 but ig contiguous to that district. 
The precinct is 15.19% African-American in total population and 15.24% Africans 
Araerican in voting age population. Democrats comprise 58.14% of the registered voters. 
Within this precinct, the Democratic candidate received 86.91% of the vote in the 1990 
senatorial race, 65.66% of the vote in the 1988 Lt. Governor race, and 63.92% of the vote 
int he 1988 Lewis/Smith Court of Appeals race. 

Guilford County precinct 17 is not within District 12 but is contiguous 10 that district. 
The precinct is 9.09% African-American in total population and 8.64% African-American 

in voting age population, Democrats comprise 61.86% of the registered voters, Within 
this precinct, the Democratic candidate received 65.08% of the vote in the 1990 senatorial 
race, 61.68% of the vote in the 1988 Lt, Governor race, and 58.19% of the vote in the 
1988 Lewis/Smith Court of Appeals race, 

Forsyth County Brunson Elementary School Precinct is not within District 12 but is 

contiguous to that disttiet. The precinct is 27.83% African-American in total population 
and 23 88% African-American in voting age population, Democrats comprise 65.75% of 
the registered voters. Within this precinct, the Democratic candidate received 75.46% of 
the vote in the 1990 senatorial race, 56.30% of Lhe vote int he 1088 Lt. Govamor race, 
and 65.84% in the 1988 Lewiy/Smith Court of Appeals race. 

Forsyth County Hanes Community Center pracinet i not within District 12 but is 
contiguous to that district. The precinct is 32.06% African-American in total population 
and 28.80% African-American in voting age population. Democrats comprise 76% of the 
registered voters. Within this precinct, the Democratic candidate received 75,77% of the 
vote in the 1990 senatorial race, 71.68% of the vote in the 1988 Lt. Governor race, and 
69.18% of the vote in the 1988 Lewis/Smith Court of Appeals race. 

Forsyth County Latham Elamentary School Presinet is not within District 12 but is 

 



   

  

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contiguous to that disttict. The precinot is 19.82% African-American in total population 

and 17.41% African-American in voting age population, Democrats comprise 65.25% of 

the registered voters. Within this precinct, the Democratic candidate received $4.85% of 

the vote in the 1990 senatorial race, 53.86% of the vote in the 1988 Lt. Governor race, 

and 55.87% of the vote in the 1988 Lewis/Smith Court of Appeals race. 

‘24. Mecklenburg County Presinet 10 is not within District 12 but is contiguous to that district. 

The precinct is 5.9% African-American in total population and 5.42% African-American in 

voting ag¢ population, Democrats comprise 63.45% of the registered voters, Within this 

precinet, the Democratic candidate received 73.01% of the vote in the 1988 Lt. Governor 

race, and 58.78% of the vote in the 1988 Lewis/Sniith Court of Appeals race. 

25. Mecklenburg County precinct 21 is not within District 12 but is contiguous to that district. 

The precinct is 10.51% African-American in total population and 7.84% in voting age 

population. Democrats comprise 59 45% of the registered voters. Within this precinct, 

the Democratic candidate received 60.11 of the vote in the 1990 senatorial race, 52.32% 

of the vote in the 1988 Li. Governor race, and 48.30% of the vote in the 1983 
Lewis/smith Court of Appeals race. 

26. But for the splitting of Precinét 77 in Mecklenburg County, District 2 would not be 

contiguous. 

27. Precinct 77 is split in the proposed 1997 Congressional District plan between Districts 9 
and 12. 

28. Precinct 77 is not split in the state senate plan; it is wholly within District 33. 

29. Precinct 77 is not split in the state house plan; it is wholly within District 56. 

30, Precinct 77 is not split in the Mecklenburg County ¢oirnission school board districts; it is 

wholly within District 2. 

31. Precinct 77 ig not split in the Charlotte City council districts; it is wholly within District 3. 

42. In 1982, candidate Micky Michaux received 46,35% of the second primary vote in the 2% 
Congressional District. 29.19% of the registered voters in the district at that time were 
black. 

33. In 1984, black candidate Kenneth Spaulding received 47.88% of the second primary vote 
in the 2™ Congressional District. 37.2% of the registered voters in the district at that time 
were black. 

34, There are a total of 43% Congressional districts in the United States of America. 

35. District 12 in the 1097 Plan has a disparzion scora of 100 and A perimeter score of 041, 

 



   

  

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if the 1992 ranking had remained unchanged, District 12 in the 1997 Plan would stand as 

the 430 least compact district on the dispersion measure and it would rank 423 onthe 

perimeter measure. Chiven the changes to other congressional districts as a result of Shaw 

type litigation, District 12 ranks 430 or 431 in dispersion measure and 432 or 433 10 the 

perimeter measure, 

36. District 12 divides six of six counties and splits the populations of eight cities (Charlotte, 

Greensboro, High Point, Lexington, Salisbury, Statesville, Thomasville and Winston- 

Salem) and geveral towns. 

37. Approximately 75% percent of the total population of District 12 comes from parts of 

Mecklenburg, Forsyth and Guilford counties, 

38. Approximately 95% of African-American thal are registered to vote are registered 

Democrats. 

39, Forsyth County is split such that 72.9 percent of tha total population assign to District 12 

is African-American, while only 11,1 percent of its total population assigned to neighbor 

District 5 is African-American, 

40. Meckienburg County is split so that 31.9 percent of its total population allocated to 

District 12 is African-American, while only 7.2 percent of the total population assigned to 

adjoining District 9 is African-American. 

41. Guilford County is split =o that 51.5 percent of ita total population allocated to District 12 

is African-American, while only 10.2 percent of the total population assigned to adjoining 

District 6 is AfricaneAmerican, 

42. Approximately _ % of African-Americans that reside in District 12 in the 1997 Plan 

were also included in District 12 in the 1992 Plan. 

43.  Apprommately __% of whites that resided in District 12 in the 1997 Plan were also 

included in District 12 in the 1992 Plan. 

44 The county wide election and voter registration data in Davie County was prorated to 

each Minor Civil Division, 

48. Asa result of this proration, the data used by Dr. David Peterson in his report indicated 

that in several Minor Civil Divisions there were more registerad African=American voters 

indicated to be in the MCD than there were voting age African-Americans residing in 

those Minor Civil Divisions. 

46. In January of 1989, North Carolina had eleven Congressional districts. Of these the 

second district (including Durham) had the largest percentage of African-American 

residents. 40 percent. 1t was followed by the First District (in the northeastern pan of the 

 



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state and abutting ihe Atlantic Ocean) which had 39 percent African-American residents, 

the Third District (including Goldsboro) and the Seventh District (including Fayetteville) 

each had 27 percent African-American residents; the Ninth District (including Charlotte) 

had a 23 percent African-American population; the Sixth District (including Gregnsboro) 

had 21 percent African-American population; and the Fourth District (including Raleigh) 

and the Eight District (including Salighury) each had a 20 percent African-American 

copulation. See Black Eleoted Officials, A National Roster st p. 323 (1989, 18° ed). 

Approximately 22% of the State's population is African American, 

District 12 in the 1997 plan is 46.67% African-American in total population and 43.36% 

African-American in voting age population. 

District 1 in both the 1997 and 1998 plans Is 50.27% African-American in total population 

and 46.54% African-American in voting age population. 

Distriet 12 in the 1998 Plan was 35.58% African-American in total population and 

12.56% African-American in voting age population. 

Congressman Watt was re-elected in District 12 in the 1998 Plan with 55.9% percent of 

the vote, with 82.305 votes to 62,070 for Republican “Goptt” Keadle and 2713 for 

Libertarian Michael Smith. 

Congressman Clayton was re-elected in District 1 in the 1998 Plan with 62.2% of the 

vote, 

Congressman Clayton defeated State Representative Linwood Mercer, a white candidate, 

in the 1098 Democratic primary election with 63.9% of the vote. 

Greater than 55% percent of registered Democrats in District 12 are African-Americans 

[NCEC data from 1997 submission] 

Greater than percent of registered Democrais in District 1 are African-Americans [NCEC 

data from 1997 submission] 

Greater than 55% of those eligible to participate in the Democratic primary in District 12 

are Aftican-Americans. 

Greater than 50% of those eligible to participate in the Democratic primary if District 1 

ate African-Americans, 

Of Mecklenburg County's African-American population, 84% was placed in District 12 

and 16% in the District 9; but of its white population, 27% was placed in District 12 and 

2804 in District ©.  



   

  

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: i i ion, 65% was placed in District 12 and 
95 Of Forsyth County's African-American population, placed | an 

¥ 35% mn Sn $: but of its white population, 8% was placed in District 12 and 92% In 

District 3. 

Guilfo : i % was placed in District 12 and 
cd County's African-American population, 76% lace: 

% oh in District 6; y of its white population, 25% was placed in District 12 and 75% in 

District 6. 

61 Of Iredell County’ African-American population, 63% wes placed in District 1 2 anid 37% 

"in District 10; but of its white population 37% was placed in District 12 and 63% in 

District 10. 

’ i ion, 66% was placed in District 12 and 
62. Of Rowan County's African-Amencan population, aced in | 

34% in District 6; but of its white population, 23% was placed in District 12 and 775 in 

District 6. 

's Aff] % was placed in District 12 and 
Of Davidson County's African-American population, 80% aed in 

20% n District 6: but of its white population, 49.6% was placed in District 12 and 50.4% 

in District 6. 

64. District 12 is the only district under the 1997 Plan that contains no county which is not 

divided. 

im transcript of fioor debate on HB 586 (Committee Substitute) Congressional 
65. THR Yoru g Bill Soar Chamber, date March 27, 1999 provides that Jeon Cotpet 

stated: [When the Courl stuck the 12* District it was because the 12 District was 

majority Minority and it said that you cannot use race as the predominate factor in i 

. drawing districts. Well, guess what! The 12% District, under this plan, is not Majority 

Minority. Therefore it is my opinion and the opinion of May lawyers that the it 

outlined in Shaw v. Hunt will not even be triggered because ftienota Majority ority 

district and you won't gven look at the shape af the district in considering whether it is 

constitutional " [97C-28F-4F(2) at 5-6] 

997, Representative McMahan 
66. As reflected in the House Floor transcript of March 26, 1997, Re 

stated that one of the three factors why he believed that District 12 would stand a Court 

test was that it was; “[njot a Majority Minoriry District now 50 shape daes not create - 

that was the basis the Court used to say this was unconstitutional not an argument now. 

[97C-28F.4F(1) at 2] 

67, Representative McMahan, in describing District 12, told his colleagues in the fons of 

Representatives that: “As far ag District 12 - 1 believe, again, that Congressman Mel Want 

is very comfortable and anyone alse that might choose as a minority to fun in that distirct 

should be very, very comfortable - when there is 46.3% of the people in that District are 

also minorities - that they could win." N.C. Section 5 Submission 1997 Congressional 

 



   

  

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Redistricting Plan, Vol. 5, Attachment 97 C-28F(1) at 16. 

tive McMahan informed the House floor 28 follows: “I am confident that we 

& je ase best - our dead level best - lo draw two disteicts that ae fatr racially a do 

have one of them the majority of the population and other one aver 46%, and that § the 

vary best we could do on both sides, and we look at this very, very olosely - Ssonty - 

and the very best we could do and yet create Districts that we felt would be acceptable to 

the Department of Justice and to the Court.” N.C. Section 5 Submission 1987 

Congressional Redistricting Plan, Vol. 8, Artachment 37C - 28F(1) at 23. 

69. Atleast the following precincts to be used in the 2000 ¢ycle of elections will be split if the 

1997 plan were used for that election cycle: Beaufort County: 1 and 4® Wards in 

Washington City; Craven County. grt 3 4% and 5% Wards in New Bern and Trent 

Woods, Iredell County: Davidson #1, Coddle Craek #2, and Statesville #1; Pitt County. 

Gresnville 12 and Ayden; Rowan County: Bast Spencer and South Ward. (source: 1998 

primary election retums {or Districts 1 and 12, reflecting votes mn two districts for each 

precinct] 
§ y 2 » 

» Bast 

70. Based on April 8, 1998 voter regisiraiion data, of the 1263 registered voters in 

Spencer Precinct #18 in Rowan County, five of them were registered in the o* 

Congressional District and all the rest were in the 12% Congressional District under the 

1997 Congressional District plan, 

i strat) istered voters in Salisbury 
71. Based on Aptil 8, 1998 voter registration data, of the 211 1 registered vot 

South Ward Precinct #36 in Rowan County, §ix of them were registered in the 6° 

Congressional District and all the rest wer if the 12* Congressional District under the 

1997 Congressional District plan. 

72. The boundaries of Congressional District 12 in Guilford County do not substantially 

follow the boundary lines of siate house or senate districts in the county. 

73. The First Congressional District is comprised of ten whole counties and portions of ten 

others. 

74. Five of the counties are majority black in total population. 

75 The ten whole counties as & group are more white than black. 

26. More than haif the black population of the district comes from the ten split counties.