Articles Posted in Election Law

by
Following the 2010 decennial census, the General Assembly enacted redistricting plans for the North Carolina Senate and House of Representatives and for the North Carolina districts for the United States House of Representatives. Plaintiffs, registered voters, filed a complaint seeking to have the redistricting plans declared invalid on both constitutional and statutory grounds. The three-judge panel reviewing the redistricting plans upheld the plans. The Supreme Court affirmed. The United States Supreme Court vacated this Court’s opinion and remanded for further consideration in light of its recent decision in Alabama Legislative Black Caucus v. Alabama. The Supreme Court reconsidered this case in light of Alabama and affirmed the three-judge panel’s judgment, holding that the General Assembly’s enacted plans do not violate Plaintiffs’ constitutional rights and satisfy state and federal constitutional and statutory requirements. Moreover, the three-judge panel’s decision fully complies with the United States Supreme Court’s decision in Alabama. View "Dickson v. Rucho" on Justia Law

by
Following the census conducted in 2010, the General Assembly enacted redistricting plans for the North Carolina Senate and House of Representatives and for the North Carolina districts for the United States House of Representatives. Plaintiffs sought to have the redistricting plans declared invalid on constitutional and statutory grounds. The trial court concluded that the General Assembly applied traditional and permissible redistricting principles to achieve partisan advantage and that no constitutional violations occurred. The Supreme Court (1) affirmed as to the twenty-six districts drawn to comply with the federal Voting Rights Act of 1965, holding that the trial court erred when it applied strict scrutiny before making adequate findings of fact, but because the trial court correctly found that each of the twenty-six districts survived strict scrutiny, the case need not be remanded for reconsideration under what may be a less demanding standard of review; and (2) affirmed as to the remaining challenged districts. View "Dickson v. Rucho" on Justia Law

by
Plaintiffs filed suits challenging the constitutionality of recently enacted redistricting plans and seeking a preliminary injunction to prevent Defendants from conducting elections using the redistricting plans. Plaintiffs requested from Defendants a variety of communications concerning enactment of the redistricting plans. Defendants objected to the production of certain categories of documents based upon the attorney-client privilege, legislative privilege, or work-product doctrine. Plaintiffs filed a motion to compel production. A three-judge panel allowed the motion and also concluded that any documents prepared solely in connection with redistricting litigation remain confidential pursuant to the attorney-client privilege or work-product doctrine. The Supreme Court (1) reversed the panel's conclusion of law that the General Assembly waived the attorney-client privilege and work-product doctrine for pre-enactment communications and documents pursuant to N.C. Gen. Stat. 120-133; but (2) affirmed the panel's conclusion that the attorney-client privilege and work-product doctrine apply to relevant post-enactment communications and documents. View "Dickson v. Rucho" on Justia Law