CASE SUMMARY

On October 29, 2021, a coalition of civil and voting rights groups and North Carolina voters filed a state lawsuit against the State of North Carolina, various state legislators, the State Board of Elections, and its members challenging the General Assembly’s decision to conduct a “race-blind” redistricting process as violating the state constitution. Plaintiffs alleged that failing to use or consider racial data when drawing and evaluating maps constituted intentional racial discrimination in violation of the state constitution’s Equal Protection Clause and that such actions would impede plaintiffs’ ability to support candidates of their choice in violation of the Freedom of Assembly Clause. Additionally, they argued the race-blind decision also violated the state constitution’s requirement that redistricting be done in accordance with federal constitutional and statutory requirements, including the federal Voting Rights Act. Plaintiffs sought a declaratory judgment that the race-blind redistricting process was unconstitutional and an injunction barring the defendants from conducting an unconstitutional redistricting process and delaying the 2022 state primary elections until after May 3, 2022.

  • On December 3, 2021, the superior court denied the plaintiffs’ request for a preliminary injunction and dismissed the case as moot, citing the General Assembly’s recent enactment of new congressional and legislative plans. Plaintiffs appealed to the North Carolina Supreme Court the same day.
  • On December 5, 2021, the N.C. Supreme Court dismissed the appeal as moot but noted the plaintiffs-petitioners had a right to seek intervention in the two challenges brought against the plans then-pending in the state superior court, Harper v. Hall and N.C. League of Conservation Voters, Inc. v. Hall.

CASE LIBRARY

North Carolina Superior Court, Wake County - No. 21-cvs-14476

North Carolina Supreme Court - No. 416P21