Bartlett v. Stephenson
Headline: Court denies a stay; North Carolina must redraw its 2001 legislative map, seek federal preclearance, and cannot hold elections under the unprecleared plan while preserving county lines when feasible.
Holding: The Court denied the stay application, finding no reasonable probability that four Justices would review the narrow dispute and noting no plan may be used without required federal preclearance.
- Prevents North Carolina from using the 2001 map in 2002 elections without federal approval.
- Requires new map to preserve county lines when feasible, but divide counties to comply with federal law.
- Stops use of districts in 40 covered counties until they receive Section 5 preclearance.
Summary
Background
North Carolina election officials asked a single Justice to stay a State Supreme Court decision that invalidated the State’s 2001 legislative redistricting plan under the state constitution’s “whole county” rule, which prohibits dividing counties when drawing legislative districts. The State Supreme Court affirmed a lower court injunction barring use of the 2001 plan and ordered a new plan; it told the trial court to determine whether the legislature could draft a plan for the 2002 elections, or to adopt one if it could not. The court said federal law may limit the whole county rule and required that any new plan preserve county lines “to the maximum extent possible,” while allowing divisions needed to comply with the Voting Rights Act and the U.S. Constitution, and it required preclearance for districts in 40 covered counties before elections.
Reasoning
The core question was whether applicants showed extraordinary circumstances that justify a stay. The single Justice found they did not, stating no reasonable probability that four Justices would agree to review the narrow dispute over a 1981 Department of Justice letter. The Justice noted the issue has few ramifications beyond this case and distinguished prior emergency stays because North Carolina’s court required preclearance and had ordered that no plan would be used in the 2002 elections until preclearance.
Real world impact
The immediate effect is that North Carolina may not use the 2001 map in upcoming elections and must draw a new map that preserves county lines when feasible but divides counties as necessary to follow federal voting law. The order requires federal approval for districts in the 40 covered counties before those districts are used in elections. This denial of a stay by a single Justice is a procedural step, not a final merits decision on the redistricting rules.
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