Posted on 06/12/2002 7:08:41 PM PDT by jern
By GARY D. ROBERTSON, THE ASSOCIATED PRESS
RALEIGH, N.C. -- The state Board of Elections decided today to ask a federal court -- rather than the U.S. Justice Department -- to sign off on a state Supreme Court ruling that threw out new legislative districts.
The 4-1 vote will result in a review by the U.S. District Court of the District of Columbia to determine whether the April 30 ruling protects the rights of minority voters.
Republican senators said Democrats pressured the board to send the order to a panel of three federal judges in the court. Senate leader Marc Basnight, D-Dare, wrote board leaders Monday asking them to seek preclearance through the courts.
"I have been advised that this venue is both proper and preferable" because the state Supreme Court should be reviewed by another judicial body and federal court provides a more open process, Basnight wrote.
A complaint seeking approval of the ruling could be filed Thursday in Washington, said Michael Crowell, an attorney representing the board. It's expected that groups that support or oppose the ruling will then file briefs.
At issue is the Supreme Court's opinion that House and Senate maps drawn by Democrats last year ignored a provision in the state constitution prohibiting the splitting of counties in creating districts.
The court ruled that districts should be divided into single-member legislative districts that do not cross county lines when possible.
The General Assembly drew new maps last month to try to meet the standard set by the court ruling, but Judge Knox Jenkins made wholesale changes to those maps two weeks ago.
North Carolina has to seek federal approval of all election law changes to ensure they do not lessen minority voting strength. The Justice Department has been the primary avenue of approval.
Jenkins filed district maps this week for clearance by the Justice Department, which has 60 days to act after receiving the plans. The plans would be used for this year's elections if the Justice Department approves the maps.
But the board's decision could throw a wrench into the plans of Justice Department lawyers to examine the maps expected to help the GOP win several more seats.
State elections officials say the Justice Department could defer to the federal judges in Washington and let them determine the legality of both the ruling and the maps.
Senate Minority Leader Patrick Ballantine, a plaintiff in the redistricting ruling, said the Democrats sought preclearance by the U.S. District Court as a delay tactic so that the state would be forced to use earlier district lines.
"I think it's a desperate ploy," said Ballantine, R-New Hanover.
Norma Mills, Basnight's legal counsel, said federal law permits both avenues for approving state election law.
"There's no reason to believe the federal district court will give any less due consideration to the ruling than the U.S. Department of Justice," Mills said.
Board officials stressed they are neutral on any preclearance ruling. The board hired Crowell when the Attorney General's Office, which opposed the Supreme Court decision, said that representing the board would present a conflict of interest. The board will try to get an expedited review by the court.
A Republican lawyer who sued the state last week on behalf of a Democratic client said he's glad to see the state is trying to get the ruling approved by the federal government.
Still, "I don't think it has a serious chance at all of being precleared," said the attorney, Nate Pendley of Forsyth County.
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