REDISTRICTING
State Supreme Court Justices have a direct impact on whether voters in this state have equal voting power. Since the Governor cannot veto voting maps, state courts are the only state actors that can limit the General Assembly’s attempts to gerrymander maps and suppress the voting power for certain groups of voters on partisan, racial, or other grounds. In 2022, the NC Supreme Court found partisan gerrymandering unconstitutional, paving the way for fair and responsive voting plans in the state going forward. But after new justices joined the court, it took the shocking and unprecedented step in 2023 of rehearing and reversing that decision to greenlight partisan gerrymandering in this state once again.
As a result, North Carolina voters find themselves subject to discriminatory and unfair voting plans that are the subject to multiple lawsuits.
Three Cases Covering The Battle for Fair Representation
Following the NC Supreme Court's 2023 decision to overturn their previous ruling, the North Carolina General Assembly passed new State House, State Senate, and Congressional maps. These maps, approved with minimal public input—only three public hearings for over ten million residents across 100 counties—have faced fierce criticism from lawmakers, pro-democracy organizations, advocates, and voters. Concerns about discrimination and political gerrymandering are prevalent, particularly regarding the splitting of communities of color, making it difficult for some to elect their candidates of choice.
In North Carolina, the legislature has complete control over the redistricting process, with no veto power from the governor. When redistricting maps harm communities by cracking or packing districts and diluting voting power, the courts remain the best avenue to ensure that the people's rights are protected.
In the Bard v. NC State Board of Elections, plaintiffs alleged that North Carolina's enacted congressional and legislative maps violate the "Declaration of Rights" in Article I of the North Carolina Constitution. Specifically, the complaint argues that since the Constitution guarantees "frequent" and "free" elections, it must also guarantee "fair" elections. Because the maps tip the scales to favor one party, the enacted redistricting maps violate North Carolinians’ unenumerated right to a Fair Election. On June 28, 2024, a three-judge panel granted the legislative defendants' motion to dismiss, and the plaintiffs are currently appealing that decision.
The Impact of Gerrymandering on North Carolina
Gerrymandering has a profound impact on the fairness of elections and representation in North Carolina. By manipulating district boundaries, politicians use tactics like packing and cracking to secure political advantages, often at the expense of minority communities and fair representation. These practices distort the democratic process, leading to unbalanced legislative outcomes that don’t reflect the true will of the voters. In North Carolina, where gerrymandering has been a recurring issue, understanding its impact is crucial for ensuring that every vote counts and that our communities are fairly represented.
Partisan Gerrymandering
Partisan gerrymandering involves manipulating district boundaries to favor one political party over another, often leading to one party winning more seats than their vote share would naturally allow.
This skews election results, leading to a legislative majority that doesn’t reflect the actual voter distribution, undermining fair representation by prioritizing political gain over voter equality.
In 2016, North Carolina’s congressional districts were heavily gerrymandered to favor Republicans. Despite only receiving about 53% of the statewide vote, Republicans won 10 out of 13 congressional seats. This was achieved by packing Democratic voters into a few districts and cracking them across others, ensuring a disproportionate number of Republican victories. This gerrymandering was later challenged in court, leading to the redrawing of the district maps.
Racial Gerrymandering
Racial gerrymandering involves redrawing district lines to dilute the voting power of racial or ethnic minorities, either by packing them into a few districts or cracking them across many.
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This reduces the influence of minority communities, making it harder for them to elect their candidates of choice and leading to their underrepresentation in government.
After the 2010 Census, North Carolina's General Assembly redrew district lines in a way that packed African American voters into a few districts. This tactic diluted their voting power in surrounding districts, effectively limiting their influence. In 2017, the U.S. Supreme Court ruled these districts were unconstitutional, stating that they were drawn with racial bias.
Redistricting and You
The "Redistricting and You" tool offers a comprehensive view of how state officials, including those in North Carolina, are redrawing congressional and state legislative districts based on the 2020 Census. This interactive tool provides maps that display current district population patterns and the number of seats apportioned to each state. Specifically for North Carolina, the tool highlights population shifts and how these changes set the stage for post-2020 redistricting. It’s an essential resource for understanding how these new maps will impact political representation in NC for the next decade.