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Three Cases Covering The Battle for Fair Representation

Following the NC Supreme Court's 2023 decision to overturn their previous ruling, the North Carolina General Assembly passed new State House, State Senate, and Congressional maps. These maps, approved with minimal public input—only three public hearings for over ten million residents across 100 counties—have faced fierce criticism from lawmakers, pro-democracy organizations, advocates, and voters. Concerns about discrimination and political gerrymandering are prevalent, particularly regarding the splitting of communities of color, making it difficult for some to elect their candidates of choice.

In North Carolina, the legislature has complete control over the redistricting process, with no veto power from the governor. When redistricting maps harm communities by cracking or packing districts and diluting voting power, the courts remain the best avenue to ensure that the people's rights are protected.

In the Bard v. NC State Board of Elections, plaintiffs alleged that North Carolina's enacted congressional and legislative maps violate the "Declaration of Rights" in Article I of the North Carolina Constitution. Specifically, the complaint argues that since the Constitution guarantees "frequent" and "free" elections, it must also guarantee "fair" elections. Because the maps tip the scales to favor one party, the enacted redistricting maps violate North Carolinians’ unenumerated right to a Fair Election. On June 28, 2024, a three-judge panel granted the legislative defendants' motion to dismiss, and the plaintiffs are currently appealing that decision.

In Williams v. Hall, plaintiffs brought a lawsuit under the 14th and 15th Amendments alleging unconstitutional racial gerrymandering. It is alleged that the Black and Latino plaintiffs have been placed in districts that are intentionally discriminatory, and the maps have weakened their chance to elect their candidate of choice. This case has been consolidated with the NC NAACP v. Berger lawsuit, which also claimed that the maps are an intentional discrimination in violation of the 14th and 15th Amendments and violate the one-person, one-vote guarantee of the Constitution.

The Impact of Gerrymandering on North Carolina

Gerrymandering has a profound impact on the fairness of elections and representation in North Carolina. By manipulating district boundaries, politicians use tactics like packing and cracking to secure political advantages, often at the expense of minority communities and fair representation. These practices distort the democratic process, leading to unbalanced legislative outcomes that don’t reflect the true will of the voters. In North Carolina, where gerrymandering has been a recurring issue, understanding its impact is crucial for ensuring that every vote counts and that our communities are fairly represented.

Partisan Gerrymandering

Partisan gerrymandering involves manipulating district boundaries to favor one political party over another, often leading to one party winning more seats than their vote share would naturally allow.

This skews election results, leading to a legislative majority that doesn’t reflect the actual voter distribution, undermining fair representation by prioritizing political gain over voter equality.

In 2016, North Carolina’s congressional districts were heavily gerrymandered to favor Republicans. Despite only receiving about 53% of the statewide vote, Republicans won 10 out of 13 congressional seats. This was achieved by packing Democratic voters into a few districts and cracking them across others, ensuring a disproportionate number of Republican victories. This gerrymandering was later challenged in court, leading to the redrawing of the district maps.

Racial Gerrymandering

Racial gerrymandering involves redrawing district lines to dilute the voting power of racial or ethnic minorities, either by packing them into a few districts or cracking them across many.

This reduces the influence of minority communities, making it harder for them to elect their candidates of choice and leading to their underrepresentation in government.

After the 2010 Census, North Carolina's General Assembly redrew district lines in a way that packed African American voters into a few districts. This tactic diluted their voting power in surrounding districts, effectively limiting their influence. In 2017, the U.S. Supreme Court ruled these districts were unconstitutional, stating that they were drawn with racial bias.

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Redistricting and You

The "Redistricting and You" tool offers a comprehensive view of how state officials, including those in North Carolina, are redrawing congressional and state legislative districts based on the 2020 Census. This interactive tool provides maps that display current district population patterns and the number of seats apportioned to each state. Specifically for North Carolina, the tool highlights population shifts and how these changes set the stage for post-2020 redistricting. It’s an essential resource for understanding how these new maps will impact political representation in NC for the next decade.

VISIT

For more information on Independent Redistricting Commission work in North Carolina, be sure to visit

People Over Politicians NC

Nonpartisan organizations have been meeting since December 2021 to learn what it would take to establish an IRC in NC successfully. While we ultimately must pass an IRC bill through the NC General Assembly and a statewide ballot initiative to put one in place, the groups are coalescing around a one-year work plan focused on strengthening the legislative foundation and the political will for an IRC. This IRC would ensure racial and partisan equity for North Carolinians.