CASE SUMMARY

On August 8, 2013, a coalition of North Carolina voters and civil rights organizations filed a federal lawsuit against the State of North Carolina and the Wake County Board of Elections challenging a local bill passed by North Carolina’s General Assembly that changed the Wake County Board of Education’s 2011 redistricting plan from 9 single-member districts to 7 single-member districts and 2 “super-districts,” dividing and capturing the County’s urban and rural portions respectively, in addition to prohibiting any changes until 2021. Plaintiffs alleged the bill and the new districts violated the U.S. and N.C. Constitutions’ one person, one vote requirements and sought a judicial declaration the bill was unconstitutional, an injunction barring the bill and new plan from being implemented, and an order requiring either the General Assembly or Board of Education to enact a lawful redistricting scheme.

  • On March 17, 2014, the U.S. District Court for the Eastern District of North Carolina granted the defendants’ motion to dismiss, finding the claims against the State of North Carolina were barred by the 11th Amendment and the plaintiffs’ one person, one vote claims were really partisan gerrymandering claims which it considered non-justiciable. Plaintiffs filed their notice of appeal to the U.S. Court of Appeals for the Fourth Circuit on April 7, 2014.
  • On May 27, 2015, the Fourth Circuit affirmed the district court’s decision as to 11th Amendment immunity but reversed as to the finding of nonjusticiable claims and remanded the case back to the district court.
  • On remand, the district court consolidated this case with Raleigh Wake Citizens Ass’n v. Wake County Board of Elections, a racial gerrymandering and one person, one vote challenge to the Wake County Commissioner Districts created by the General Assembly in 2015.
  • On February 26, 2016, the district court upheld both the Board of Education and County Commissioner districts on the grounds plaintiffs failed to prove the plans violated one person, one vote or the federal or state constitutions. Both sets of plaintiffs appealed to the Fourth Circuit.
  • On July 1, 2016, the Fourth Circuit affirmed the district court’s rejection of the racial gerrymandering claims but reversed as to the one person, one vote claims, finding both plans violated equal population requirements.
  • On August 9, 2016, the district court permanently enjoined the Board of Education and County Commissioner plans from future use and ordered the 2011 Board of Education and County Commission plans be used in the interim for the 2016 elections with the expectation the General Assembly would enact remedial plans in 2017.
  • On December 28, 2017, since the General Assembly failed to enact new plans, the district court issued a consent decree extending its remedial order and requiring the 2011 plans be used again for the 2018 elections.

CASE LIBRARY

U.S. District Court for the Eastern District of North Carolina - No. 13-cv-00607

U.S. Court of Appeals for the Fourth Circuit - No. 14-1329

U.S. District Court for the Eastern District of North Carolina - No. 5:13-cv-00607 [Consolidated with Raleigh Wake Citizens Association, et al. v. Wake County Board of Elections, No. 5:15-cv-156]

U.S. Court of Appeals for the Fourth Circuit - No. 16-1271 [Consolidated with Raleigh Wake Citizens Association, et al. v. Wake County Board of Elections, No. 16-1270]

U.S. District Court for the Eastern District of North Carolina - No. 5:13-cv-00607 [Consolidated with Raleigh Wake Citizens Association, et al. v. Wake County Board of Elections, No. 5:15-cv-156]