May 3, 2004
Here Comes the July 20 Primary
By J. Barlow Herget
RALEIGH - It’s over. Maybe.
It has been four years since the 2000 Census, and North Carolina is one of the longest holdout states in not having permanent boundaries for its 170 legislative districts. But a unanimous state Supreme Court decision April 15 sent the message that it’s time for the Republican soreheads who have been fighting one redistricting plan after another to get over it and move on.
The Court’s decision and the slow response from Republican plaintiffs mean that there will be no more delays in this year’s elections. The July 20 Primary will be held as scheduled. Filing for office commenced April 26 and will continue until noon, May 7.
The road to here has been long, bumpy and full of politics, and it illustrates why the state should consider a better way in 2010.
As per the Constitution, the road begins with the 2001 General Assembly that was charged with drawing up new districts to adjust for the 10-year, population changes. The legislature, controlled by Democrats, adopted a gerrymandered redistricting plan that Republicans quickly challenged in court.
Superior Court Judge Knox Jenkins agreed with the Republicans, and so did the Republican majority on the Supreme Court.
Meanwhile, the state’s 13 Congressional districts were approved and were put in place in time for the 2002 elections.
The legislature submitted a second plan for state legislative districts in 2002, and it also was rejected. There was no time to draw another map, so the Supreme Court ordered Judge Jenkins to draw one. He did and it was used for the 2002 elections only, helping Republicans gain seats in the Senate and House.
In November of 2003, the legislature, approved Plan 3. While the Senate remained in control of Democrats, the House was split evenly between Republicans and Democrats. Still, a majority of House Republicans joined with a majority of Democrats to draw and adopt the new districts.
There’s no question that the Plan 3 districts do no favors for some of Republican Co-Speaker Richard Morgan’s intra-party enemies. Indeed, some Republicans close to the old lawsuit concede off the record that the new Senate districts, adopted by the Democratic majority, are better drawn than the bipartisan House plan.
Nevertheless, Plan 3 also was challenged. Still not fair, said the Republican plaintiffs.
They expected the case to be returned to the sympathetic Jenkins in Johnston County, but the legislature added a footnote to the new plan. Any legal challenge would have to be tried before a three-judge panel in the state’s capital county, Wake.
The plaintiffs disagreed and sued. The state Board of Elections then postponed the May 4 Primary until July 20.
While the latest suit worked its way through the courts, the legislature submitted Plan 3 to a federal judge in Washington, DC, who must check it for any civil voting rights violations. In the past, redistricting plans were reviewed by the federal Justice Department. Legislators believed their chances were better in federal court than in Republican Attorney General John Ashcroft’s Justice Department.
Not to worry. The Department reviewed the plan, and hinted they would approve it if it was withdrawn from the court and sent to Justice. It was done, and Plan 3 was approved the next day, in March.
The legal challenge over jurisdiction hung in the air. The NC Supreme Court dragged out the suspense, but its unanimous 5-0 vote spoke loudly. Four Republican justices (two recused themselves) and one Democrat agreed with the legislature’s footnote.
The unwritten message seemed to be that if the Republican plaintiffs now want to start a fresh battle over Plan 3, they will face an undivided court that had just sided with the legislators in a skirmish.
Friday passed with no action. On Monday, the state Board of Elections opened the filing period for candidates. Any suit filed now will not be heard until after the November election, according to state board officials. The 2000 redistricting plan is settled. Finally.
Barlow Herget is a former Raleigh city councilman and is host of "State Government Radio Newsmakers."
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