NC NAACP Files Lawsuit Against Guilford County Commissioner Redistricting Plan

FOR IMMEDIATE RELEASE

February 2, 2012

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

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

NC NAACP Files Lawsuit Against Guilford County Commissioner Redistricting Plan

(DURHAM) - Today the North Carolina NAACP and Greensboro Branch NAACP, with the full backing of the NAACP's National Office, filed a lawsuit in Federal District Court against Speaker Thom Tillis, Senator Phil Berger and the Guilford County Board of Elections challenging a clear and heinous violation of the equal protection clauses of the United States and North Carolina. The lawsuit addresses the faulty legislation passed by the North Carolina General Assembly to redistrict the Guilford County Board of County Commissioners.

The conservative leadership in the North Carolina General Assembly used their newly obtained majority to stealthily pass local bills in an effort to gain partisan advantage across the state. One local bill the General Assembly passed, Session law 2011-407, changed the method of electing the Guilford County Board of County Commissioners. By depriving some voters of representation on the Board, this poorly written 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 this error was brought to the attention of the General Assembly's leadership, they indicated they would not correct this violation unless ordered to do so by a court.

Session law 2011-407, reduces the number of commissioners from 11 to 9 effective December 1, 2012, provides that 8 commissioners be elected by district; 1 commissioner elected at-large; establishes a redistricting map for the 8 districts that is very different from the County's original districts, and prohibits the Board of Commissioners from altering their own structure as would otherwise be allowed under state law. The bill specifies dates the 9 commissioners can be elected to office but does not change incumbent terms.

The effect of this law, as interpreted by the local Board of Elections, and confirmed by an opinion letter by the state Attorney General's office is that, for the next two years, no commissioner will represent District 6 and Districts 3 and 7 will have two commissioners. This clearly presents a One Person, One Vote violation for every voter in District 6 who will have no representation, and for every voter in any district that does not have two representatives. 

This is another example of an out of control legislature using their power to strengthen their partisan advantage without considering the impact on voter representation. We have confidence the issue will be quickly addressed and corrected by the court.

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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.