Excessive Partisanship Claimed In North Carolina Maps Suit

Yet another redistricting lawsuit has been filed in North Carolina, this one challenging General Assembly boundaries that Democrats and election reform advocates say are illegally tainted by excessive favoritism toward Republicans.

Common Cause North Carolina, the state Democratic Party and Democratic and unaffiliated voters sued GOP mapmakers Tuesday in Wake County court. They allege the lines are illegal partisan gerrymanders that make it virtually impossible for Democrats to win majorities in the House or Senate.

The plaintiffs want maps last drawn in 2017 struck down for violating the North Carolina Constitution. They also call for new boundaries to be approved for the 2020 elections, which kick off in less than 13 months with candidate filing. A three-judge panel would hear the matter, followed by a likely appeal to the state Supreme Court.

"Because lawmakers stubbornly refuse to consider passing redistricting reform, we're left with no choice but to litigate," Common Cause NC Executive Director Bob Phillips said in a release announcing the lawsuit. "Gerrymandering is detrimental to democracy, denying voters a choice and a voice on Election Day."

Still, the lawsuit comes a week after Democrats actually won at least 11 additional legislative seats, with most of those victories originating in districts they identified as being packed or diluted with Democratic voters. Democrats did end the GOP's veto-proof control in the legislature, but they say they're being robbed of more seats, pointing to totals showing their legislative candidates are getting more overall votes compared to Republicans.

State GOP Executive Director quipped: "Only North Carolina Democrats would file a lawsuit to overturn districts that they just won." The GOP legislative defendants didn't immediately respond Tuesday to an email seeking comment.

The political stakes are great in North Carolina, a presidential battleground state in which Republicans have controlled state government for much of this decade. Barring a new method to draw districts, whichever party wins the legislative chambers in 2020 will get to draw the maps for the next decade. The governor — currently Democrat Roy Cooper — doesn't have veto power in redistricting.

At least eight lawsuits have been filed challenging North Carolina maps on the basis of racial and partisan bias since the current round of redistricting began in 2011. The lawsuits resulted in the redrawing of congressional lines in 2016 and legislative districts in 2017 — both to address determined racial bias. The state has spent millions of taxpayer dollars defending the maps.

The plaintiffs' legal fees for Tuesday's lawsuit are being paid for by an arm of the National Democratic Redistricting Committee, which is led by former Obama administration Attorney General Eric Holder with a goal of more favorable maps for the party in the 2020s. Holder this fall endorsed state Supreme Court candidate Anita Earls, who represented some who sued earlier this decade. Earls won and next year five of the seven justices will be registered Democrats.

Partisan gerrymandering claims against state legislative lines are similar to those Common Cause and the Democratic Party filed two years ago in federal court over state congressional districts. Federal judges have twice ruled the congressional map violated protections for Democratic voters. The U.S. Supreme Court, which has never declared district maps anywhere as partisan gerrymanders, is considering whether to hear an appeal in that case.

Tuesday's lawsuit is different because it focuses on the North Carolina Constitution. It alleges the GOP maps violate the state constitution's provisions protecting freedom of speech — because Democratic votes in the gerrymandered districts don't count as much as other votes — and ensuring people are protected by laws equally and that elections are "free."

Under the partisan gerrymandering claims, those who sued contend GOP legislators used political and election data to manipulate the lines of about 75 House and 20 Senate districts so that Republicans and their candidates won more seats at the expense of Democrats and the voters who support them. That's done by packing voters who support Democrats into certain districts while spreading GOP supporters in multiple surrounding districts.

"Elections to the North Carolina General Assembly are not 'free' when the outcomes are predetermined by partisan actors sitting behind a computer," the lawsuit reads.

North Carolina Republicans took over both chambers of the General Assembly after the 2010 elections, and their 2011 legislative remap helped expand and retain their majorities so that they could override any gubernatorial veto if GOP lawmakers stayed united. Going into last week's election, Republicans held 75 of the 120 House seats and 35 of the 50 Senate seats. Democrats won at least eight additional House seats last week, ending the GOP's veto-proof majority in the chamber.