LEADERSHIP CAUCUS GOES TO COURT, WEEK OF FEBRUARY 26-MARCH 3, 2004

by CASH MICHAELS
The Wilmington Journal
Originally posted 3/1/2004

Having struck out with the NC Supreme Court in its effort oppose the latest legislative redistricting plans, the NC Black Leadership Caucus (NCBLC) is now going to federal court, arguing that the Democrat-drawn maps decimate majority-Black voting districts, and put Black representation in the General Assembly at risk.

NCBLC isn’t the only predominately Black state organization that’s raising an election year stink with the feds over the district maps that have delayed the May primaries.

The NC NAACP has filed a complaint with the U.S. Justice Department, which is expected shortly to end its review of North Carolina’s redistricting plans, charging that delaying the primaries to July 20 - the middle of summer - as the state Board of Elections has ruled, will hurt voter participation, particularly in the state’s communities of color.

A three-judge panel is reviewing the redistricting maps per a Republican lawsuit alleging that Democrats illegally slashed Black voting populations in several majority-minority districts, shifting those voters to predominately white Democratic districts, in order to protect white Democrats against GOP challengers.

If the panel finds evidence of “retrogression,” neither the maps nor the delayed primary schedule will be approved by the Justice officials.

Because 40 North Carolina counties are covered under the 1965 Voting Rights Act, federal officials must sign off on the maps to assure that Black voting rights are not undermined.

While Democratic leaders insist that the plans do not threaten the number of Blacks elected to the Legislature, African American Democratic lawmakers like Sen. Larry Shaw of Cumberland County and Rep. H. M. “Mickey” Michaux of Durham, insist that the maps decrease the chance of Blacks being elected to those affected districts
after the incumbents step down.

Shaw actually voted against the plans, while Michaux says no one was allowed to see them until just two hours before they were voted on last November.

The Republicans filed suit in state court, and the NCBLC filed a ‘Friend of the Court’ brief with it, challenging the new maps and asking that the 2002 district maps be used this year, even though those maps were determined to be unconstitutional.

The NC Supreme Court ruled against that petition, however, forcing the Black Leadership Caucus either to re-file in state court with the Republicans, or file a brief in U.S. District Court in Washington, D.C. in opposition to a pending lawsuit over the maps by the NC Attorney General’s Office against the U.S. Justice Department.

Attorney Larry Hall, chairman of the NCBLC, says the nonpartisan organization is concerned that Democratic leaders are trying to insure their dominance of the Legislature at the expense of Black elected representation. Hall adds that the Republicans would like to see as many majority-Black districts as possible so that they can beat Democrats in predominately-white conservative-leaning swing districts.

In effect both parties, Hall says, are trying to use the Black voter.
The state Board of Elections voted on Feb. 9 to move the May primaries to July because the Justice Dept. hadn’t precleared the district plans in time for North Carolina’s candidates filing period.

In the NAACP complaint, state President Melvin “Skip” Alston states that what is normally considered a heavy vacation period in July, particularly for college students, would not be conducive to holding primaries during this, an important presidential election year.

The civil rights organization, which has opposed North Carolina’s redistricting plan twice in the past three years over possible Black voter retrogression, has been mounting an aggressive voter registration and education campaign on college and university campuses across the state.

“The NAACP has worked very hard to promote the importance of getting involved in the election process on college campuses across the state,” Alston wrote. “With the date change that has been presented, many students will be alienated and thus not cast their vote in this very important election.”

Alston suggested moving the primaries to September after colleges have gone back into session, summer vacation is over and students are in place.

The state NAACP president wants to meet with both Gov. Easley and legislative leaders about the delayed primary schedule.

State election officials say per the legal restrictions they must follow in scheduling primary elections, July 20 was the best they could do. While they acknowledge that students will be impacted, they don’t see the delay affecting Blacks and Hispanics more than whites.

But the delay has impacted one possible Black candidate.

Former NC Speaker of the House Dan Blue was scheduled to announce in late January whether he would make a second run for the U.S. Senate against fellow Democrat Erskine Bowles. But because there were clear signals then that the May primaries would be delayed, Blue told The Wilmington Journal last week that he will use the added ten weeks now before making a final decision.

Blue had been taking the political temperature of the state to see if he could muster both the support and the financial war chest to make another run.