Feb. 7. By Dave Vieser. GOP-drawn district maps that would have likely given Republicans more control in North Carolina have been rejected by the North Carolina Supreme Court.
In a 4-3 decision released Friday evening, the court said the Republican maps violated the state constitution’s free elections clause, the equal protection clause, the free speech clause and the freedom of assembly clause. They described the maps as an illegal partisan gerrymander that is “unconstitutional beyond a reasonable doubt.”
The NC Supreme Court has a Democratic majority.
The decision may have a significant impact on local elections this November. For example, under the GOP plan, NC Sen. Natasha Marcus (District 41) was “double bunked” into a more heavily Republican district with incumbent Vickie Sawyer—making her re-election efforts far more difficult.
SEN. NATASHA MARCUS
“It’s too early to tell whether this ruling will lead to fairer maps in Mecklenburg County specifically, but it is a clear message that Republican legislators must abandon their highly partisan approach” said Marcus. “I am hopeful that Republicans will work with Democrats to create new maps that are fair and that Senate District 41 will be restored to something resembling the district the voters of North Mecklenburg know and expect.”
Predictably, GOP members of the court dissented.
“A majority of this Court tossed judicial restraint aside, seizing the opportunity to advance its agenda,” said Chief Justice Paul Newby, a Republican. He also said that the majority’s ruling “violates separation of powers by effectively placing responsibility for redistricting with the judicial branch, not the legislative branch as expressly provided in our constitution.”
Unlike other states, the governor in the Tar Heel State does not have veto power over the redistricting maps. Gov. Roy Cooper, a Democrat, said “a healthy democracy requires free elections and the NC Supreme Court is right to order a redraw of unconstitutionally gerrymandered districts.”
What happens now?
North Carolina’s primaries have already been delayed from March to May 17. The Supreme Court ruled that the legislature must redraw the maps by Feb. 18 and submit them to a panel of three trial judges with an explanation of what data they relied on and methods they used to determine that their districting plan is constitutional.
Whether this means yet another delay in this year’s primary races remains to be seen.
Bentley
Unusual primary events
This years’ primaries have already been news-filled. For example, a group of 11 North Carolina voters have filed a legal challenge to disqualify Rep. Madison Cawthorn from running for a second term. In their challenge, they state that the Republican’s involvement in a rally preceding the Jan. 6, 2021, riot on Capitol Hill constitutionally bars him from waging another campaign. If the challenge is successful, it may set up an interesting primary between two well-known former North Mecklenburg electeds: Karen Bentley, who served four terms as a County Commissioner and John Aneralla, Huntersville mayor from 2015 to 2021. Cawthorn has previously generated some controversy of his own, including accusations that he lied about the details of a car accident which left him partially paralyzed.
John Aneralla / Jason Benavides photo
North Carolina’s primaries have already been delayed from March to May 17. The Supreme Court ruled that the legislature must redraw the maps by Feb. 18 and submit it to a panel of three trial judges with an explanation of what data they relied on and methods they used to determine that their districting plan is constitutional.
Whether this means yet another delay in this year’s primary races remains to be seen.
