RALEIGH —A group of Republicans filed another complaint in Superior Court recently in an attempt to force the General Assembly to address redistricting. The defendants, with the exception of Republican House Cospeaker Richard Morgan, are all Democrats.

In the complaint, filed Aug. 2 in Johnston County Superior Court, the Republicans asked the court to a set date for the legislature to enact a constitutional redistricting plan for the state House and Senate 2004 elections. If the Assembly fails to do so, the plaintiffs asked the court to draw districts that will be permanent until the next census.

A key issue in the complaint is that the defendants might establish district lines that would prevent some candidates from complying with residency requirements. A candidate must live in a district for one year before the 2004 November general election. Such a delay may violate a potential candidate’s right to due process and equal protection.

The lawsuit also claims that the defendants intend to enact, or will enact and attempt to implement, redistricting plans that do not comply with previous court judgments.

The legislature is required by law to draw N.C. House and Senate districts after every census. Once adopted, House or Senate districts may not be changed during that decade unless the courts overturn a plan.

As a result of previous lawsuits by the same plaintiffs, Johnston County Superior Court Judge Knox V. Jenkins invalidated House and Senate districts drawn by the Assembly in 2001 and 2002. He then drew interim plans for use in the 2002 election only. The State Supreme Court ruled that those interim plans might be replaced by plans drawn later by the legislature for use during the remainder of the decade.

The Supreme Court issued its review of the previous lawsuit confirming Jenkins’ rulings July 16. The Assembly adjourned July 20 without considering any new redistricting plans, and as of the date of the filing, no special session of the legislature has been called.

Morgan has said that he plans to punish some Republicans who opposed his candidacy for speaker. They include Reps. Leo Daughtry of Johnston County, Sam Ellis of Wake County, and Frank Mitchell of Iredell County. Many observers expect Morgan to use his influence to have some Republicans drawn into tougher districts. Ellis told Carolina Journal that Morgan has already punished some Republicans by limiting administrative staff and giving them small offices. “We fully expect him to use the redistricting process for punishment. He has used the power of his office not for public benefit but for personal reprisals,” he said.

Ellis also said that since the previous lawsuit helped give Republicans better representation in the House, the litigation was largely responsible for Morgan having an opportunity to become co-speaker. “We would love to have him on the plaintiff’s side,” he said.

In an apparent attempt to take Jenkins out of the picture, prior to adjournment this year the Senate passed a bill that included a provision requiring all redistricting lawsuits to be heard in Wake County. The House failed to consider the bill and the provision died.

The plaintiffs in the lawsuit are Beaufort County resident Ashley Stephenson, Daughtry, New Hanover County Senator and gubernatorial candidate Patrick Ballantine, former Wake Rep. Art Pope, and gubernatorial candidate Bill Cobey.

The defendants named in the lawsuit are State Board of Elections Executive Director Gary Bartlett, the five members of the board, House Cospeakers James Black and Richard Morgan, Senate Pro Tem Marc Basnight, Gov. Mike Easley, and Attorney General Roy Cooper.

Carrington is associate publisher of Carolina Journal.