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STEPHENSON v. BARTLETT

Nos. 94PA02-3, 24A04.

595 S.E.2d 112 (2004)

358 N.C. 219

Ashley STEPHENSON, individually, and as a resident and registered voter of Beaufort County, North Carolina; Leo Daughtry, individually, and as Representative for the 28th District, North Carolina House of Representatives; Patrick Ballantine, individually, and as Senator for the 9th District, North Carolina Senate; Art Pope and Bill Cobey, individually and on behalf of themselves and all other persons similarly situated v. Gary O. 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. Richard T. Morgan, Co-Speaker of the North Carolina House of Representatives; James B. Black, Co-Speaker of the North Carolina House of Representatives; and Marc Basnight, President Pro Tempore of the North Carolina Senate v. Ashley Stephenson, Leo Daughtry, Patrick Ballantine, Art Pope, and Bill Cobey.

Supreme Court of North Carolina.

April 22, 2004.

Attorney(s) appearing for the Case

Haynsworth Baldwin Johnson & Greaves, LLC, by Thomas A. Farr and Phillip J. Strach; and Hunter Higgins Miles Elam & Benjamin, PLLC, by Robert N. Hunter, Jr. and Jeffrey M. Davis, for plaintiff/defendant-appellants.

Roy Cooper, Attorney General, by Tiare B. Smiley and Alexander McC. Peters, Special Deputy Attorneys General, for defendant-appellees Gary O. Bartlett, Larry Leake, Robert B. Cordle, Genevieve C. Sims, Lorraine G. Shinn, Charles Winfree, Michael Easley, and Roy Cooper, and plaintiff/defendant-appellee James B. Black; Wyrick Robbins Yates & Ponton, by Roger W. Knight and K. Edward Greene, for plaintiff-appellee Richard Morgan; and Smith Moore, LLP, by J. Donald Cowan, for plaintiff/defendant-appellee Marc Basnight.

EDMUNDS, Justice.

Because these cases are procedurally entangled, our first task is to distinguish them. On 16 November 2001, the plaintiffs in Stephenson v. Bartlett (Stephenson) filed in Superior Court, Johnston County, their first amended complaint, alleging that the 2001 legislative redistricting plans for the North Carolina Senate and House (the 2001 plans), passed by the North Carolina General Assembly after the 2000 census in accordance with Article...

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