N.C. Legislators Share Views on District Ruling

N.C. Superior Court Judge Knox V. Jenkins Jr. ruled Friday on a lawsuit filed by the N.C. Republican Party that claims the N.C. House and Senate redistricting plans unconstitutionally split too many counties into separate districts. The decision is expected to be appealed.

Democrats say the redistricting plans, drawn by the Democrat-controlled N.C. General Assembly, deliberately split large counties to follow the provisions of the Voting Rights Act of 1965, which protects minority voting rights by ensuring that they are not diluted.

The U.S. Department of Justice approved the House and Senate redistricting plans Feb. 11, stating that they comply with the act. The department also has approved the state's 13 congressional districts.

Jenkins also ruled that the 2002 elections can proceed with the current districts, but he is slated to hear a Republican request Wednesday that might force the N.C. General Assembly to redraw the districts before this year's election.

Republican Minority Leader Leo Daughtry, R-Johnston, said he supports most of the judge's decision.

"I think that the court ruled correctly," Daughtry said. "The Democrats have disregarded traditional districting criteria."

But Rep. Ronnie Sutton, D-Robeson, said the decision left an unresolved debate between the supremacy of the Voting Rights Act and the N.C. Constitution. "The only thing in controversy is the splitting of counties that are not subject to the Voting Rights Act," said Sutton, who is an attorney.

Forty out of 100 counties in North Carolina are subject to the provisions of the act.

Sutton said the legal system will have to determine whether the remaining 60 counties can be split as well. "The (N.C.) Constitution clearly says that they cannot, so you have a standoff between the Voting Rights Act and the Constitution," he said.

Rep. Joe Hackney, D-Orange, said the judge's decision, which applies the N.C. constitutional provision to only some of the state's counties, is flawed and will be appealed soon.

"(The Democrats) think that the chances for a reversal are good," Hackney said. "Having rules that apply in 60 counties but not in the other 40 doesn't seem to be logical."

He said the appeal process likely will last a year but that the election season will not be delayed.

Election season kicks into high gear today when candidates can begin filing for races. Primaries are scheduled for May 7.

But Republican legislators said they will ask Wednesday for an injunction to stop elections in unconstitutional districts.

Rep. Larry Justus, R-Henderson, said Republicans will use the Wednesday hearing to clarify the judge's ruling that the districts are unconstitutional. "If they are (unconstitutional), why should we have to run in them?" Justus said.

But Hackney said he doubts the judge will alter his decision, especially if it means delaying the primaries. "The judge has indicated that he won't interfere with having an election with the districts as they are now."

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