Associated Press: Excessive Partisanship Claimed in North Carolina Maps Lawsuit

Associated Press: Excessive Partisanship Claimed in North Carolina Maps Lawsuit

"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."

RALEIGH — 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. …

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.