Federal judges deny request to use '01 maps in Legislature (NC redistricting)

ASSOCIATED PRESS ^ | July 2, 2002 2:50PM EDT | GARY D. ROBERTSON

[jern]

By GARY D. ROBERTSON ASSOCIATED PRESS WRITER

RALEIGH, N.C. (AP) -- Another panel of three federal judges refused Tuesday to order that legislative districts approved last fall by the General Assembly be used in this year's elections.

The judges denied the request by attorneys for legislative leaders and a black woman who claim maps drawn by Superior Court Judge Knox Jenkins in May harm minority voting rights and are unconstitutional. A panel of judges in Washington rejected a similar motion last week.

The ruling means politicians and elections officials will wait -- probably until next week -- before learning whether Jenkins' maps will be used for the state House and Senate districts.

U.S. Justice Department attorneys now are analyzing the maps and determining whether they follow the Voting Rights Act. Jenkins' maps almost certainly would be used in this year's primary and general elections if the department signs off on them.

"If this matter is precleared, the issues before this court would become moot," Judge Stafford Bullock said in the unanimous ruling in U.S. District Court.

The ruling is the latest to go against the Democratic leaders in the Legislature and the Attorney General's Office, who have argued the Jenkins' plan deny black voters their rights. Republican leaders want the maps Jenkins penned -- likely to give GOP several more seats -- to be used.

The state said that black voters' rights would be denied unless the judges ordered Tuesday that elections be held with the maps drawn by the Legislature, which is controlled by Democrats. But the Supreme Court found those maps unconstitutional in April, prompting Jenkins to draw his own boundaries.

State elections officials say it would be extremely difficult to organize an orderly election if there are further delays.

"You have the power to issue an injunctive order that will save the elections," Chief Deputy Attorney General Eddie Speas told the panel.

Speas said waiting until the U.S. Justice Department's ruling next week will mean there won't be enough time for runoff primary elections in North Carolina.

The top two vote-getters in a primary usually advance to a runoff when no candidate received 40 percent of the vote. The state argues that could hurt black candidates.

If the General Assembly kept a second primary, the State Board of Elections likely would have to drastically reduce the period for absentee balloting. That could prompt a lawsuit, board attorney Michael Crowell said.

A lawyer for the Republicans said it would be wrong to revert to the Democrats' plan, which the state Supreme Court said violates the state constitution's provision barring the splitting of counties for House and Senate districts.

"The remedy (by the state) is to use an unconstitutional plan in lieu of a constitutional plan," said Bob Hunter of Greensboro.

The state requested the General Assembly-approved maps be used while piggybacking on a lawsuit filed by Cumberland County resident Linda Sample. She claimed the House and Senate plans drawn by Jenkins violate the federal Voting Rights Act.

Republicans praised Tuesday's ruling and said Democrats are running out of court venues to try to get Jenkins' maps overturned.

"We just need to get on with these elections," state GOP chairman Bill Cobey said.

[Gritty]

The ruling is the latest to go against the Democratic leaders in the Legislature and the Attorney General's Office...

That's all I need to hear and I'm happy!

[Constitution Day]

Thanks for posting that.

When will we get to vote?

[Swanks]

Even the Democrat judges put the smack-down on the RATS! But they won't stop their venue shopping until one last "Hail Mary" pass (in front of a crooked line 'judge')succeeds in illegally keeping their majority.

[Constitution Day]

Redistricting Ping!

---

Announcing: North Carolina Chapter of Free Republic!
"Old North State Freepers"

.

Please Freepmail me if:

1) You want to be added to my North Carolina ping-list.
2) You no longer want to be included in this North Carolina ping-list.

FRegards,
Constitution Day

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[Constitution Day]

But they won't stop their venue shopping until one last "Hail Mary" pass (in front of a crooked line 'judge')succeeds in illegally keeping their majority.

... and North Carolina taxpayers get to pay for it all. GRRRR.

[Overtaxed]

What part of "no" don't the RATS understand?

[blackbag]

For NC Chapter archives... a few pics from a Raleigh NC Freep of Gore...
http://www.activated.com/freep /

[alancarp]

State elections officials say it would be extremely difficult to organize an orderly election if there are further delays.

"You have the power to issue an injunctive order that will save the elections," Chief Deputy Attorney General Eddie Speas told the panel.

Translation of the above:
(1) We won't have time to rig the election
(2) The only way to "save" the election is if you side with us RATS.
(3) Obviously the election can't be 'orderly' if you don't accept our maps. Having Republicans in office in unthinkable!
(4) We might have to find real jobs if you reject us today.
(5) Remember what we did to Judge Jenkins when he sided with the Pubbies?

[Free the USA]

fyi

[Constitution Day]

Thanks very much!! Is the photographer still active on FR?

[mercy]

Gerrymandering is such a load of crap. Both sides love it however. If they wanted to stop it for all and for good all they have to do is pass a law stating that all districts must be exactly square ... of any size ... just so long as it contains the closely apx. required number of voters.

[blackbag]

concerning photographer I am not sure if he is still active feel free to write him at his link....

Here is a link to the WRAl story which mentions the freep.
This was done with a permit from the Police, note all the security that was provided.. etc... More then a certain number at a freep requires a local permit to avoid problems.

"...From there Gore headed to a supporter's home in downtown Raleigh on Glenwood Avenue for a $1,000 per seat fund-raising dinner.

"I think it's a lot of hoopla for nothing," says Jerry Whittington, who drove one of the guests to the dinner. "Why should the taxpayers have to pay for it? They should hire all the cops to look after it."

Local members of the Free Republic group protested the visit. They are concerned about questionable fund raising by the vice president.

"He has stood by this most ethical administration in history through all these years, patted the president on the back after he was impeached, and called him one of America's greatest presidents," says Teddy Crider with the Free Republic.

here is the link...

http://www.wral.com/news/62043 3/index.html

[Constitution Day]

Thanks! I have e-mailed him and also bookmarked the pictures.

The WRAL link was great, btw!