NAACP wins in Court :Guilford County Commissioner Redistricting Plan Unconstitutional

FOR IMMEDIATE RELEASE

February 18, 2012

For More Information:     Rev. Dr. William J. Barber, II, President, 919-394-8137

   Mrs. Amina J. Turner, Executive Director, 919-682-4700   

        Atty. Jennifer Marsh, Legal Redress Coordinator, 919-682-4700   

NAACP Wins Again in Court:

Guilford County Commissioner Redistricting Plan Unconstitutional

(DURHAM) - For the second time in a week, the NAACP was victorious in defending the voting rights of North Carolinians. On Friday, the United States District Court of the Middle District of North Carolina agreed with the NAACP constitutional challenge to the newly imposed redistricting of the Guilford County Board of Commission by the North Carolina General Assembly when it enjoined the proposed changes from taking effect until the constitutional flaws are corrected. In this lawsuit, the NAACP successfully sought to protect the voting rights of over 40,000 Guilford county voters who would have been stripped of their right to be represented on the Guilford County Board of Commissioners.

Last year, the extremist leadership in the North Carolina General Assembly stealthily passed local bills in an effort to gain partisan advantage across the state. One of these bills, Session law 2011-407, bypassed the local democratic redistricting process and changed the method of electing the Guilford County Board of County Commissioners. In their mad rush to help local conservative politicians increase their political power, the General Assembly carved out flawed maps that the NAACP, and now the courts, found to be unconstitutional. By depriving some voters representation on the Board, this bill is a clear violation of the one person, one vote requirement under the equal protection clause of the 14th Amendment and Article 1, § 19 of the North Carolina Constitution. When Senate President Pro Tem Phil Berger was presented with the clearly flawed maps, he refused to correct them, instead saying he would not change them until forced to do so by the courts.

"Twice now the General Assembly leadership has chosen to waste taxpayer dollars in court proceedings instead of following the North Carolina Constitution that they are required to uphold," said Rev. Dr. William J. Barber, II, President of the NC NAACP. "We sit and watch in utter amazement that we have elected officials so uninterested in following our Constitution, whether it comes to voting rights, quality education for all or equal protection under the law. It is clear that the North Carolina NAACP and the progressive community must stay vigilant as we keep our eyes on Jones Street in the coming months."

The NC NAACP brought existence of these constitutional defects to the attention of leaders of the NC General Assembly and they refused to address them by contending that their actions were legal and in conformity with their legislative agenda. A timely correction of these violations would have prevented this lawsuit and the needless expenditure of State funds which is required to litigate voting rights cases.

In its order, the Court directed the State of North Carolina to show how the North Carolina General Assembly is going to correct the unconstitutional redistricting mandate in a timely manner in order to allow elections to go forward as originally scheduled. A hearing on the remedies will be held on February 22, 2012.    

The NAACP recognizes the importance of ensuring that all people are afforded the opportunity to participate equally and fairly in the electoral process.  The NAACP will continue to defend voting rights across the state.

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Founded in 1909, the NAACP is the nation's oldest and largest civil rights organization. Its members throughout the United States and the world are the premier advocates for civil rights in their communities, conducting voter mobilization and monitoring equal opportunity in the public and private sectors.