North Carolina’s Democratic Party, voting rights group Common Cause and individual voters filed suit against the state government Tuesday claiming excessive partisan gerrymandering of legislative maps.
In their complaint, filed in the Wake County Superior Court, plaintiffs that the 2017 state House and Senate redistricting maps were construed in favor of the Republican party.
Common Clause claims the new maps violate multiple clauses within North Carolina’s Constitution—specifically the Equal Protection Clause, Free Elections Clause, as well as the general Freedom of Speech and Freedom of Assembly clauses. Within North Carolina’s Constitution, the Equal Protection Clause serves to offer more protection on voting rights. The Free Elections Clause guarantees that a voter has an equal opportunity to translate said vote into representation. The complaint also cites violations of Freedom of Speech and Freedom of Assembly as partisan redistricting prohibits certain votes from influencing elections.
In their complaint, Common Cause cites examples of past partisan gerrymandering by the North Carolina General Assembly to support their position. Additionally, they reference legislative history where elected officials acknowledged the partisan redistricting yet reappointed the past redistricting teams.
Common Cause has previously challenged the North Carolina General Assembly’s redistricting maps and filed a similar suit against the 2016 redistricting plans. In August a federal court ruled in favor of Common Cause that both the 2016 House and Senate redistricting maps were unconstitutional. Despite noting that the maps disproportionately assigned districts to Republican seats, the maps were retained for the state’s November midterm elections.