NC’s contested districts may delay primaries

The lawsuits pending against the state’s new district maps could delay the state’s political primaries and the decisions of candidates to run in contested races.

Democratic legislators have accused Republicans of manipulating the new congressional and state legislative districts passed in July, filing two lawsuits tentatively set to appear in court in February, said Rep. Kelly Alexander, Jr., D-Mecklenburg.

Damon Circosta, executive director of the N.C. Center for Voter Education, said lawsuits have affected N.C. primaries in past redistricting disputes.

“The chances that the primaries will be pushed back are certainly possible,” Circosta said.

“In 2002, the primaries were moved back to late summer or early fall, so this is not without precedent.”

Jenna Robinson, a UNC doctoral student in the political science department who focuses on redistricting, said potential changes to the districts could pose planning problems for candidates, especially in heavily scrutinized regions such as Asheville (Buncombe County), Charlotte and Orange County.

“For potential candidates that run in contentious districts, they will have to decide whether to take the chance and start putting their name out there or run the risk of waiting,” Robinson said.
Other voting experts say the suits will not affect the state’s election timeline, regardless of the judicial outcome.

Sarah Treul, a UNC political science professor, said she does not expect the state’s primaries to be pushed back later than May.
“The lawsuits will likely be dealt with in an expedited manner,” she said.

The courts will examine several claims raised by plaintiffs in the suits, including whether the maps violate the state constitution’s whole county provision and abridge the rights of minority voters, Circosta said.

Alexander said problems with the maps stem from different interpretations of the provision, which says that counties should remain whole whenever possible.

“Part of the whole county issue includes not splitting up communities of interest into many different groups,” he said.
A community of interest is an area where significant minority populations, such as African-Americans or Hispanics, tend to exhibit similar voting preferences, he said.

Legislators from opposing parties also differ on the percentage of minorities that should comprise majority-minority districts mandated by the federal Voting Rights Act. Alexander said Republicans have concentrated too many minority voters into these districts.

Sen. Martin Nesbitt, Jr., D-Buncombe, said he doesn’t think the public is happy with the current legislature and its handling of affairs, including the redistricting maps.
“You poke them in the eye with a stick, they’re going to come after you,” he said.

But Republicans say the fact that the maps received federal pre-clearance from the U.S. Justice Department will mitigate challenges to the maps in court.

“The maps were drawn to be fair and legal and in compliance with all case law, both state and national,” said Rep. Nelson Dollar, R-Wake. “We really see no legal basis upon which they will persist.”

Circosta said problems surrounding the redistricting process won’t be solved until the state legislature implements a nonpartisan redistricting process.

“Republicans are concerned because North Carolina has a long history of maps being reversed in our state and federal courts,” he said.

“There is lots of history of North Carolina maps ending up in court and being ruled unconstitutional.”

At least 25 cases have been brought against state electoral maps in the last two decades.

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