Lawsuit could delay primary

Republican voters say state districts were drawn unfairly

NEW BERN -- Elections must be delayed in North Carolina because boundaries for dozens of state House and Senate voting districts are unconstitutional, a lawyer representing a group of Republican voters told federal judges Friday.

The lawsuit accuses state lawmakers of intentionally using incorrect population figures when they redrew district lines in 2003 and asks that the maps be corrected before elections are held for General Assembly this year.

The candidate filing season is supposed to begin Feb. 11. State attorneys supported the maps and said granting the voters' request would delay the May 6 primary elections, which include races for governor, U.S. Senate and U.S. House, in addition to state legislative races.

"There comes a point when it's that close to an election and you just cannot stop the train," Alexander Peters, a special deputy attorney general, said during 2 1/2 hours of arguments at the New Bern federal courthouse. "It's too late to stop the election, even if ... [the maps] are ultimately found to be unconstitutional."

The voters, who sued the state in November, said legislative leaders used incorrect census data when they knew updated data was available. The adjusted district boundaries have been used since the 2004 elections.

The voters said the current lines have reduced the value of their votes compared with people in other districts. They asked for a preliminary injunction, which would block elections in the state, until new maps are created.

"Voting and the right to vote is fundamental," said Bob Hunter, the lawyer representing the GOP voters. "The predicate for any election is a fair redistricting process."

Chief U.S. District Judge Louise Flanagan, part of the three-judge panel that heard the arguments, said a ruling would be issued soon.

If granted, the preliminary injunction also could jeopardize the May 6 presidential primaries.

State attorneys said the districts were lawfully created and complained that Hunter's clients waited three years before they filed their lawsuit.