Two African Americans File Lawsuit Over Senate Redistricting
Two districts were drawn in violation of the 1965 Voting Rights Act and split the Black voting population.
By Cash Michaels –
Goes to Trial in December—After Elections
After having motions for preliminary injunctions rejected by both a federal district court judge and the Fourth Circuit Court of Appeals, a lawsuit brought by two African American plaintiffs challenging two state Senate districts redrawn by the Republican-led NC General Assembly may go to trial at the earliest this December 2, 2024.
But Republican legislative leaders say that date is too soon.
The move is significant because the trial will take place after the November general elections, meaning that the two contested Senate voting districts in northeastern NC will be used during balloting, which is what the two Black plaintiffs attempted to stop in the first place.
The second note of concern is that the redistricting plan will be going back before the federal district court judge who initially dismissed plaintiffs’ motion for a preliminary injunction on January 26, 2024. That judge, James C. Dever, dismissed the motion, saying that it was too close to the March 5th primary for it to be considered without causing disruption.
But Judge Dever also was not impressed with plaintiffs’ argument that the two state Senate Districts, as redrawn by the legislature last October, denied African American voters their choice of candidates because the districts were drawn in violation of the 1965 Voting Rights Act and split the Black voting population.
That argument also failed to convince a federal three-judge panel of the federal appellate court to grant the petitioned injunction. Having failed to stop the Senate redistricting maps, plaintiffs then decided to move forward with a full trial in federal court.
Republican legislative leaders stated in court papers for the defense that they preferred for the trial to be held no earlier than Feb. 3, 2025. They made clear to Judge Dever why they felt a December 2 trial date was too soon.
“Legislative Defendants believe that Plaintiffs’ proposed December 2, 2024, trial date would not provide sufficient time for the parties’ experts to analyze the final election results from the November 2024 elections—the official certified results will not be final until after the Statewide canvass, which is most likely to be held on or about November 26, 2024,” attorneys for the defendants stated.
But plaintiffs countered in their submitted motions that the December 2nd date was more appropriate.
“It is unnecessary and prejudicial to push out the trial date to February 2025 to allow for a second round of full-blown expert reports and depositions,” plaintiffs’ attorneys stated. “Given the realities of this litigation, potential appeals, and the need for remedial proceedings, if Plaintiffs are successful, Plaintiffs anticipate that—under the schedule Legislative Defendants propose—Legislative Defendants may eventually argue that there is not enough time to afford relief in advance of 2026 [elections].”
Even though Republican legislative leaders are allowed to submit court papers on behalf of defendants in the lawsuit, the State Board of Elections is actually listed as the defendant of record. They have made clear that they have “no objection” holding the trial in either December or February.
The trial is expected to last at least five days.
