STEPHENSON v. BARTLETT

No. 94PA02.

562 S.E.2d 377 (2002)

355 N.C. 354

Ashley STEPHENSON, individually, and as a resident and registered voter of Beaufort County, North Carolina; Leo Daughtry, individually, and as Representative for the 95th District, North Carolina House of Representatives; Patrick Ballantine, individually, and as Senator for the 4th District, North Carolina Senate; Art Pope, individually, and as Representative for the 61st District, North Carolina House of Representatives; and Bill Cobey, individually, and as Chairman of the North Carolina Republican Party and on behalf of themselves and all other persons similarly situated v. Gary BARTLETT, as Executive Director of the State Board of Elections; Larry Leake, Robert B. Cordle, Genevieve C. Sims, Lorraine G. Shinn, and Charles Winfree, as members of the State Board of Elections; James B. Black, as Speaker of the North Carolina House of Representatives; Marc Basnight, as President Pro Tempore of the North Carolina Senate; Michael Easley, as Governor of the State of North Carolina; and Roy Cooper, as Attorney General of the State of North Carolina.

Supreme Court of North Carolina.

April 30, 2002.


Attorney(s) appearing for the Case

Maupin Taylor & Ellis, P.A., by Thomas A. Farr and James C. Dever, III, Raleigh, for plaintiff-appellees.

Roy Cooper, Attorney General, by Edwin M. Speas, Jr., Chief Deputy Attorney General, and Tiare B. Smiley, Norma S. Harrell, Alexander McC. Peters, and Susan K. Nichols, Special Deputy Attorneys General, for defendant-appellants; and Jenner & Block, LLC, by Donald B. Verrilli, Jr., pro hac vice, co-counsel, Washington, D.C., for defendant-appellants Marc Basnight and James B. Black.

Patterson, Harkavy & Lawrence, L.L.P., by Burton Craige; and Neill S. Fuleihan, Brevard, on behalf of the North Carolina Academy of Trial Lawyers, amicus curiae.

Ferguson Stein Chambers Wallas Adkins Gresham & Sumter PA, by Adam Stein and Julius L. Chambers, Chapel Hill, on behalf of the North Carolina State Conference of Branches of the National Association for the Advancement of Colored People, amicus curiae.

Smith Moore LLP, by James G. Exum, Jr., and Julia F. Youngman, on behalf of Wilbur Gulley, individually and as Senator for the 13th District, N.C. Senate; Luther Jordan, individually and as Senator for the 7th District, N.C. Senate, and as Chairman of the Legislative Black Caucus; David Weinstein, individually and as Senator for the 30th District, N.C. Senate, and as Co-Chairman of the Senate Rural Development Committee; Edd Nye, individually and as Representative for the 96th District, N.C. House of Representatives; and Victor Farah, individually and as resident and registered voter of Wake County, and as candidate for the N.C. House of Representatives, and on behalf of themselves, their constituents, and all other persons similarly situated, amici curiae.

Everett and Everett, by Robinson O. Everett and Seth A. Neyhart, on behalf of Americans for the Defense of Constitutional Rights, Inc., amicus curiae.

Hunter, Elam, Benjamin & Tomlin, PLLC, by Robert N. Hunter, Jr., on behalf of Lee McLean Foreman, Marcus D. Kindley, William W. Peaslee, Kenneth Ray Moore, Robert Brewington, William Franklin Mitchell, Kellon D. McMillian, Cecelia Ferguson Taylor, Gilbert Parker, and Henry McKoy, amici curiae.

Collier Shannon Scott, PLLC, by Scott A. Sinder, pro hac vice; and Coats & Bennett, PLLC, by Anthony Biller, Cary, on behalf of the DKT Liberty Project and the Center for Voting and Democracy, amici curiae.

Pender County, by Carl W. Thurman III, Pender County Attorney, amicus curiae.


LAKE, Chief Justice.

The instant action presents a state law question of first impression for this Court. The case arises from a challenge to the state legislative redistricting plans adopted by the General Assembly in November 2001, upon the basis that these plans violate provisions of the North Carolina Constitution (the State Constitution).1

Plaintiffs, citizens and registered voters in North Carolina, filed suit on 13 November...

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