Federal Court Orders NC Legislature to Draw New State Legislative Districts by March 15, Hold Special Elections in November 2017

FOR IMMEDIATE RELEASE

November 29, 2016

Federal Court Orders NC Legislature to Draw New State Legislative Districts by March 15, Hold Special Elections in November 2017

DURHAM –  In a unanimous ruling today, a three-judge panel in the United States District Court for the Middle District of North Carolina ordered the General Assembly to redraw 28 racially gerrymandered state house and senate districts by March 15, 2017, and to hold a special primary and general election in the fall of 2017.  The terms of all legislators elected in November 2016 and serving in any district modified by the General Assembly are shortened to one year.  If the legislature fails to draw new districts, the court may do so.

“North Carolinians deserve fair representation in the state legislature, and that is impossible to achieve with racially gerrymandered districts. A special election in the affected districts in 2017 is the best way to protect the rights of all North Carolinians,” said Anita Earls, executive director of the Southern Coalition for Social Justice, which, along with the Poyner Spruill and Tin Fulton law firms, represented the plaintiffs in the lawsuit.

According to the order, North Carolina shall hold a primary election in late August or early September and a general election in early November 2017. The specific dates are to be set by the legislature, or by the Court if the legislature fails to act.  Legislators elected in the new districts in 2017 shall take office on January 2, 2018 and serve a one year term.

In the order, the three-judge panel noted, “While special elections have costs, those costs pale in comparison to the injury caused by allowing citizens to continue to be represented by legislators elected pursuant to a racial gerrymander” (page 2-3).

Lead plaintiff Sandra Covington, a retired elementary teacher from Fayetteville, explained that as a result of the racially gerrymandered districts she “was plucked out of my district and placed into another district simply because of my race.”  Covington, along with 30 other individuals from across the state who reside in the racially gerrymandered districts, filed the lawsuit challenging the districts.  

The Court ordered the legislature to redraw state House Districts 5, 7, 12, 21, 24, 29, 31, 32, 33, 38, 42, 43, 48, 57, 58, 60, 99, 102, and 107; and state Senate Districts 4, 5, 14, 20, 21, 28, 32, 38, and 40.

A copy of the order is available here: http://bit.ly/CovingtonNC

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