Raleigh Wake Citizens Ass'n v. Wake Cnty. Bd. of Elections

• Decision Date: 26 February 2016
• Docket Number: Consolidated Civil Action No. 5:15–CV–156–D,No. 5:13–CV–607–D,5:13–CV–607–D
• Citation: 166 F.Supp.3d 553
• Parties: Raleigh Wake Citizens Association, et al., Plaintiffs, v. Wake County Board of Elections, Defendant Calla Wright, et al., Plaintiffs, v. State of North Carolina, Defendant.
• Court: U.S. District Court — Eastern District of North Carolina

166 F.Supp.3d 553

Raleigh Wake Citizens Association, et al., Plaintiffs,
v.
Wake County Board of Elections, Defendant

Calla Wright, et al., Plaintiffs,
v.
State of North Carolina, Defendant.

Consolidated Civil Action No. 5:15–CV–156–D
No. 5:13–CV–607–D

United States District Court, E.D. North Carolina, Western Division.

Signed February 26, 2016

166 F.Supp.3d 559

Anita S. Earls, George E. Eppsteiner, Allison Jean Riggs, Southern Coalition for Social Justice, Durham, NC, for Plaintiffs.

Charles F. Marshall, III, Jessica Thaller–Moran, Brooks Pierce McLendon Humphrey & Leonard, L.L.P., Roger A. Askew, Kenneth R. Murphy, III, Claire Alise Hunter, Wake County Attorney's Office, Scott Wood Warren, Raleigh, NC, Matthew B. Tynan, Brooks Pierce McLendon Humphrey & Leonard, L.L.P., Greensboro, NC, for Defendant.

ORDER

JAMES C. DEVER III, Chief United States District Judge

Plaintiffs, individual voters registered in Wake County, North Carolina and the Raleigh Wake Citizens Association (“RWCA”), an organization dedicated to the interests of African–Americans in Wake County, (collectively “plaintiffs”) challenge the North Carolina General Assembly's (“General Assembly”) 2013 redistricting plan for electing the Wake County School Board (“2013 Wake County School Board Plan”) and the General Assembly's 2015 redistricting plan for electing the Wake County Board of Commissioners (“2015 Wake County Commissioners Plan”). Plaintiffs contend that the 2013 Wake County School Board Plan and the 2015 Wake County Commissioners Plan violate the one person one vote principle in the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution and Article I, § 19 of the North Carolina Constitution. Plaintiffs concede that the maximum population deviation in the 2013 Wake County School Board Plan and the 2015 Wake County County Commissioners Plan is below 10% and concede that such a deviation is a “minor deviation” under governing Supreme Court precedent. Specifically, in both redistricting plans, the maximum population deviation in the seven single-member districts is 7.11% and in the two super districts is 9.8%. Nonetheless, plaintiffs contend that the two redistricting plans resulted from the General Assembly's invidious discrimination, arbitrariness, or bad faith. As for the 2013 Wake County School Board Plan, plaintiffs contend that the plan resulted from the General Assembly's partisan desire (1) to disadvantage incumbents on the non-partisan Wake County Board of Education (“Wake County Board of Education” or “Wake County School Board”) who are registered Democrats who support “progressive” education policies and (2) to favor suburban and rural voters over urban voters. As for the 2015 Wake County Commissioners Plan, plaintiffs contend that the plan resulted from the General Assembly's partisan desire (1) to favor suburban and rural voters over urban voters and (2) to favor voters who favor Republican candidates over voters who favor Democratic candidates on the Wake County Board of Commissioners (“Wake County Commission”, or “County Commission”, or “Commission”). Plaintiffs also contend that the 2015 General Assembly racially gerrymandered District 4 in the 2015 Wake County Commissioners Plan and thereby violated the Equal Protection Clause of the Fourteenth

166 F.Supp.3d 560

Amendment of the United States Constitution.

Defendant Wake County Board of Elections (“defendant” or “Wake County Board of Elections”) is the local election board responsible for administering elections in Wake County, North Carolina, including elections for the Wake County Board of Education and the Wake County Board of Commissioners. The Wake County Board of Elections had nothing to do with the General Assembly's decision to enact the 2013 Wake County School Board Plan or the 2015 Wake County Commissioners Plan, but the United States Court of Appeals for the Fourth Circuit has held that the Wake County Board of Elections is the proper defendant. See Wright v. North Carolina, 787 F.3d 256, 261–63 (4th Cir.2015). Moreover, although the Wake County Board of Elections does not take a position on whether the General Assembly should have adopted the 2013 Wake County School Board Plan or the 2015 Wake County Commissioners Plan, the Wake County Board of Elections has defended the constitutionality of the redistricting plans as a legal and institutional matter.

On December 16–18, 2015, the court held a bench trial in this consolidated action. In their complaints and at the end of the trial, plaintiffs asked this court to declare the 2013 Wake County School Board Plan and the 2015 Wake County Commissioners Plan unconstitutional, to enjoin the Wake County Board of Elections from administering elections under either plan, to hold elections under a court-ordered remedial plan that adopts the redistricting plans in effect before the General Assembly enacted the 2013 and 2015 plans, and to give the General Assembly another opportunity to redistrict the Wake County School Board and Wake County Board of Commissioners consistent with the United States and North Carolina Constitutions.

The court has reviewed the entire record and enters these findings of fact and conclusions of law. As explained below, the court concludes that the population deviations in the 2013 Wake County School Board Plan and the 2015 Wake County Commissioners Plan do not violate the one person one vote principle in the United States Constitution or North Carolina Constitution. The court finds that the General Assembly did not engage in invidious discrimination, act arbitrarily, or act in bad faith in enacting the 2013 Wake County School Board Plan or the 2015 Wake County Commissioners Plan. The court also finds that the 2015 General Assembly did not racially gerrymander District 4 in the 2015 Wake County Commissioners Plan and concludes that District 4 does not violate the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. Because plaintiffs have not met their burden of proof, the court enters judgment for the Wake County Board of Elections and declines to enjoin the Wake County Board of Elections from administering elections under either the 2013 Wake County School Board Plan or the 2015 Wake County Commissioners Plan.

I.

The court has jurisdiction over the parties and the subject matter. See 28 U.S.C. §§ 1331, 1367(a). On August 22, 2013, thirteen individual plaintiffs and two associations filed the first of these two consolidated cases. See Wright v. North Carolina, No. 5:13–CV–607 [D.E. 1] Compl. (E.D.N.C.) (“Wright Compl.”). In Wright plaintiffs named the State of North Carolina and the Wake County Board of Elections as defendants. See id. Plaintiffs allege that the 2013 Wake County School Board Plan violates the one person one vote principle of the United States and North Carolina Constitutions. See id.

166 F.Supp.3d 561

¶¶ 69–82. Essentially, plaintiffs allege that the “clear ... intent [of the 2013 Wake County School Board Plan is] to disfavor incumbents who are registered Democrats and support progressive education policies.” Id. ¶ 62. Plaintiffs also allege that the “only” goal the new plan accomplishes is to further “Republican interests” and advance “conservative” education policies. Id. ¶¶ 62, 66. Plaintiffs do not allege a racial gerrymandering claim concerning any district in the 2013 Wake County School Board Plan, including District 4 which is a majority African–American district. Plaintiffs request a declaratory judgment that the 2013 Wake County School Board Plan violates the one person one vote principle in the Equal Protection Clause of the United States and North Carolina Constitutions. See id. (prayer for relief). Plaintiffs also request preliminary and permanent injunctions enjoining the Wake County Board of Elections from enforcing the 2013 Wake County School Board Plan. See id. Plaintiffs also request the court to adopt a court-ordered remedial plan and to permit the General Assembly the opportunity to promulgate a lawful method of electing the Wake County Board of Education. See id. Finally, plaintiffs request costs and reasonable attorney's fees. See id.

On November 4, 2013, defendants moved to dismiss plaintiffs' complaint in Wright for failure to state a claim upon which relief can be granted. See [D.E. 27, 29]; Fed.R.Civ.P. 12(b)(6). On November 19, 2013, plaintiffs requested leave to tile an amended complaint in order to add as defendants, in their official capacities, North Carolina's Governor, Speaker of the House, and President Pro Tempore of the Senate. See [D.E. 33]. On November 23, 2013, plaintiffs responded in opposition to defendants' motion to dismiss. See [D.E. 35].

On March 17, 2014, the court dismissed the State of North Carolina as a defendant due to North Carolina's Eleventh Amendment immunity, denied plaintiffs' motion to amend to add the three defendants as futile, and granted defendants' motion to dismiss for failure to state a claim upon which relief can be granted. See Wright v. North Carolina, 975 F.Supp.2d 539, 542–47 (E.D.N.C.2014). Plaintiffs appealed.

On May 27, 2015, the United States Court of Appeals for the Fourth Circuit affirmed in part, reversed in part, and remanded. See Wright , 787 F.3d at 259, 270. The Fourth Circuit held that the district court properly denied, as futile, plaintiffs' motion to amend their complaint to add as defendants, in their official capacity, the Speaker of the House and President Pro Tempore of the Senate. See id. at 261–63.¹ The Fourth Circuit also held that the district court erred in dismissing the complaint for failure to state a claim upon which relief can be granted. Id. at 264–70. Judge Diana G. Motz dissented from the majority's conclusion that plaintiffs plausibly alleged a one person one vote claim under the United States and North Carolina Constitutions. See id. at 270–73 (Motz. J., dissenting).

On April 19, 2015, the RWCA and fourteen individual...