Posted on 04/24/2002 9:42:31 AM PDT by callisto
While the state Supreme Court decides whether new legislative districts are invalid because a clause in the state constitution bars the splitting of counties, House Democratic leaders are considering amending the constitution to delete the provision.
House Speaker Jim Black, a Matthews Democrat, has been gauging support among members for putting a constitutional amendment on the ballot.
One option that Black is discussing with legislators is to ask voters to delete the whole-county provision and approve a provision requiring all legislators to be in single-member districts. If necessary, such a move could be done in a special legislative session or at the outset of the short session, which begins May 28.
"After the court rules, depending on what it rules, you'd have a number of options," said Danny Lineberry, a spokesman for Black. "One option would be if you can't do this, you can come in and change the constitution.
"Is he talking to members about it? Yes," Lineberry said. "Is he lining up votes? No."
Both Democrats and Republicans are anxiously awaiting a decision by the state Supreme Court, which heard arguments in the case earlier this month.
House Minority Leader Leo Daughtry, a Republican from Smithfield and a plaintiff in the lawsuit challenging the legislative districts, said Democrats were looking for a way to circumvent the court if necessary.
"I'm opposed to any constitutional change that would strike the whole- county provision so that Democrats could keep power," Daughtry said.
But Republicans have fared well with single-member districts and some prefer them.
"Single-member districts to my best recollection is something that Republicans have advocated for 30 years or more," said Rep. Richard Morgan, a Pinehurst Republican. "When you have single member districts, you elect more black members and you elect more Republicans."
Rep. David Miner, a Cary Republican, said members of both parties have discussed the idea of changing the constitution, although he said it was "a high-risk strategy."
"Now that filing has closed, I personally know of a lot of Republicans who are pleased that they can run in districts and be re-elected," Miner said. "A lot of people had no part in this lawsuit. It was brought by a few people. ... I believe the votes could possibly be in the house to pass a constitutional amendment."
The logistics of passing a constitutional amendment are complicated. And every day that passes makes it more difficult to do so in time to hold legislative primaries this year.
Before a referendum, weeks of lead time are required for review by the U.S. Justice Department, printing of ballots and absentee voting.
Putting a constitutional amendment before voters requires approval by a three-fifths majority in the House and Senate.
That may be simple in the Democratic-dominated state Senate. But in the House, where Democrats have a 62-58 majority, that would mean persuading at least 10 Republicans to join Democrats to get 72 votes.
A referendum would either have to be held as a special election before the primaries so legislative mapmakers could draw new districts based on the outcome of the referendum. Or, if the referendum were held at the same time as most primaries, then legislative primaries would have to delayed and held separately later.
By staff writer Wade Rawlins, who can be reached at 829-4528 or wrawlins@newsobserver.com.
This is news to me.
I will ping the NC Freepers.
CD
Am I wrong? Or are the Dumbocrats not trying to make this ex-post facto?
:) ttt
Hopefully this won't have legs.
So now they are trying to change the law to favor them instead of just break it as usual. Typical Rats.
MKM
Excellent catch - I must've glossed over the last paragraph on my way to the "Reply" button.
Still, does the North Carolina Constitution have anything to say about when changes in election law go into effect? I would think that it would be prohibited for these types of changes to go into effect until at least the next complete election cycle...
:) ttt
CD
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