By LYNN BONNER AND VAN DENTON, Staff Writers
SMITHFIELD -- Superior Court Judge Knox V. Jenkins Jr. ruled today that new legislative districts redrawn by legislators failed to meet the requirements set forth by the state Supreme Court and produced his own set of maps for House and Senate elections.
Jenkins' action was only the second time in state history that a court has assumed the power of drawing political maps, a power usually reserved for legislators, and could lead to a loss of power for the Democrats who control the General Assembly.
In his ruling, Jenkins made modifications to the House map that legislators submitted to him a week ago, but dramatically overhauled the Senate map, using a Republican alternative as his base rather than the Democratic plan.
Jenkins offered no explanation in his order on why he had rejected the Democrats' plans. His order said portions of the maps failed to meet the constitutional requirements in the case.
"I'm fully aware that the judgment I'm about to sign, the order I'm about to sign, will not satisfy either party," Jenkins said at the afternoon hearing where he made public his decision and the new maps.
"That fact might well add some credibility to the order." In April, the state Supreme Court ruled in a lawsuit brought by Republicans that the original districts drawn by the General Assembly were unconstitutional because they violated a provision in the state constitution against dividing counties in the making of legislative districts.
The court's order gave Jenkins the job of overseeing the redrawing of the legislative map and the authority to draw his own if he decided that legislators could not meet the requirements.
Republicans applauded Jenkins' ruling and said the revised maps would be good for voters because it would lead to more competitive races for seats in the General Assembly.
"The Senate will be competitive. That's all we asked for," said Senate Minority Leader Patrick Ballantine, a Republican from Wilmington. "Fair and competitive districts. It looks like we will have an opportunity. But it's not about taking over the Senate. It's about choice at the ballot box."
But one Senate Democrat criticized the ruling, saying that Jenkins had exceeded his authority.
"I think it is the most partisan decision I have ever seen in the state of North Carolina," said state Sen. Allen Wellons, a Democrat from Smithfield. "A small group has delivered the legislature to the minority party. I think that was the plan."
The state Attorney General's Office, which is representing the legislature in the case, immediately filed notice that it would appeal Jenkins' order to the state Court of Appeals and requested a stay of the ruling. Jenkins denied the request.
The court's maps will still be subject to review by the U.S. Department of Justice to make sure they are in compliance with the federal Voting Rights Act.
Primary elections, originally scheduled for May 7, have been on hold while the legal battle over redistricting has been waged.
Gary Bartlett, director of the state Board of Elections, said if elections were to get back on schedule under Jenkins' ruling then the earliest that primaries could be held would be the third or four week of August.