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The Daily Tar Heel

N.C. Supreme Court Hears Republican Suit On Districts' Legality

The Democrat-backed district plan passed in November was declared unconstitutional by lower courts but is now being appealed.

Lawyers representing the N.C. Republican Party argued before the seven-member court that state House and Senate district lines drawn by the N.C. General Assembly last fall violate the state constitution.

The court did not come down with a ruling Thursday, and it is unknown when it will do so.

State district lines were approved last November by the General Assembly, where both chambers are controlled by Democrats. Not one member of the Republican caucus voted for either plan.

Republican leaders filed a lawsuit challenging the newly drawn districts shortly after they were approved by the legislature.

A lower court judge ruled in February that the districts were unconstitutional because they split too many counties. The House district map split 70 counties, while the Senate district map split 51. That ruling has already forced the N.C. State Board of Elections to postpone the primary elections, which were scheduled for May 7.

But lawyers for the state argued Thursday that the 1968 N.C. constitutional provision that called for legislators not to split counties lines when drawing legislative districts is unenforceable and violates federal voting rights laws.

Julius Chambers, former chancellor for N.C. Central University and prominent civil rights attorney, argued for the state that the 1968 provision was intentionally created to weaken the minority vote and that it would have the same impact if it was enforced today.

If the constitutional amendment is enforced it would direct legislators to draw some large districts, such as Wake and Mecklenburg counties, with about 10 representatives and some smaller, majority black districts that would only have one or two representatives in order to comply with federal voting rights laws.

"You would have to create huge districts -- huge, white districts -- to surround black districts," Chambers said. "You're telling black voters you're going to have one person to vote for; you're telling white voters you have eight representatives to vote for."

But Thomas Farr, who represented the Republican plaintiffs, argued that the state constitution needs to be enforced and that the Democratically controlled legislature had drawn district maps that served only to protect incumbents.

"This case is about power," Farr said at the start of his 30-minute argument. "It is about money. It is about how schools are funded. It is about where the roads are built. And it is about who the people are who make those decisions. The question we are facing is do we have a system where the voters pick their representatives or the representatives pick the voters they want to guarantee their re-election?"

Senate Minority Leader Patrick Ballantine, R-New Hanover, who was one of the many lawmakers in attendance Thursday, said that the people of North Carolina established the state constitution and that their desires must be enforced.

"Our constitution does not say we need to have single-member districts," he said.

But Senate President Pro Tem Marc Basnight, D-Dare, said just minutes after the hearing ended that large multi-member districts would hurt the political process.

"We shouldn't have districts of 600,000, 700,000 people in which it would cost millions of dollars to run for election," Basnight said. "I believe everyone sees that large multi-member districts are not in the best interest of the people of North Carolina."

The State & National Editor can be reached at stntdesk@unc.edu.

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