CASE SUMMARY

On July 13, 2015, the City of Greensboro, N.C., and several City residents filed a federal lawsuit against the Guilford County Board of Elections challenging a July 2, 2015, Act passed by the North Carolina General Assembly which made various changed to the City’s electoral and political processes, including changing the City Council’s method of election from 3 at-large and 5 single-member districts to 8 single-member districts drawn by the General Assembly, modifying the Mayor’s voting power and other elected City officials’ terms of office, and prohibiting City voters from modifying their City’s form of government. They alleged that several of the Act’s new districts were unconstitutional racial gerrymanders, several districts violated the one person, one vote constitutional requirement, and the prohibition on voter-led changes to the City’s governmental structure violated the North Carolina Constitution’s Equal Protection Clause. They sought a judicial declaration the Act was unconstitutional, injunctive relief barring the defendants from implementing the Act, and an order either restoring the City’s prior election method and governmental structure or implementing a new, constitutional election scheme.

  • On April 3, 2017, the U.S. District Court for the Middle District of North Carolina struck down the Act’s provision barring modifications of the City’s governmental structure as unconstitutional, finding the intentional, differential treatment of City residents was not rationally tied to any legitimate government purpose, in addition to finding the districting scheme violated one person, one vote. The court permanently enjoined the Act’s provisions from being enforced or implemented and requiring the City’s pre-existing election system be preserved unless otherwise lawfully changed. No appeal was filed.

CASE LIBRARY

U.S. District Court for the Middle District of North Carolina - No. 1:15-cv-559