North Carolina Voting Map Decision Could Affect Control of Congress

This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.

The New York Sun

(Reuters) – A legal battle over whether North Carolina’s new congressional map illegally favors Republicans is headed to a panel of judges, one of several lawsuits that could influence who controls Congress after this year’s midterm elections.

Lawyers for Democratic voters and advocacy groups told a trio of state Superior Court judges in Raleigh on Thursday that the map, which the Republican-controlled legislature approved in November, effectively deprives Democratic voters of representation by ensuring Republicans will win a majority of seats under almost any circumstance.

A lawyer for Republican lawmakers argued that the redistricting process was legal and transparent, and he contended that courts cannot reasonably determine when partisan considerations have crossed the line.

The judges are expected to issue a decision by Tuesday, after the four-day trial concluded on Thursday.

Electoral analysts say Republicans would be favored to win at least 10 of the state’s 14 congressional seats under the new map, despite North Carolina’s status as a closely divided swing state. Republicans currently hold eight of 13 districts; the state is gaining a seat as a result of population growth.

Republicans need to flip only a handful of seats in the November 8 elections to retake control of the U.S. House of Representatives, where Democrats currently hold a 221-212 edge, including vacancies.

U.S. law requires states to redraw their congressional districts every 10 years using data from the U.S. Census to account for population changes. Many states give authority to lawmakers to create the maps, which can lead to gerrymandering, the process by which one political party manipulates district lines to entrench its own power.

There are more than a dozen pending lawsuits challenging congressional maps in at least six states including Texas, Ohio, and Georgia, according to the Brennan Center for Justice at New York University.

The plaintiffs in North Carolina, including the North Carolina League of Conservation Voters, claim the new map is both racially discriminatory and illegally partisan in violation of the state constitution. The case also involves new maps for state legislative districts.

Experts for the plaintiffs testified that the Republican-drawn congressional map was an outlier when compared to thousands of computer-generated maps.

“This is the most extreme Republican gerrymander that’s possible,” Elisabeth Theodore, a lawyer for some of the voter plaintiffs, said in her closing argument on Thursday. “This map is deliberately designed to ignore the will of the people expressed through their votes.”

Phil Strach, an attorney for Republican legislators, argued that any map should be expected to favor Republicans, given that Democratic voters tend to cluster in urban areas. But he also questioned whether courts should even engage in the analysis the plaintiffs were requesting.

“What is the line between permissible and impermissible partisan considerations when drawing a map?” he said. “The fact is, that is an unanswerable question.”

The state Supreme Court moved North Carolina’s scheduled primary election to May from March to allow the case to proceed. Whatever the decision, the case will likely end up in the high court after appeals.

________

Image: Signs direct voters into a polling station in Durham, North Carolina, November 3, 2020. Reuters/Jonathan Drake


The New York Sun

© 2024 The New York Sun Company, LLC. All rights reserved.

Use of this site constitutes acceptance of our Terms of Use and Privacy Policy. The material on this site is protected by copyright law and may not be reproduced, distributed, transmitted, cached or otherwise used.

The New York Sun

Sign in or  create a free account

By continuing you agree to our Privacy Policy and Terms of Use