Lower court judges reject North Carolina redistricting lawsuit over right to ‘fair elections’

RALEIGH, North Carolina – North Carolina trial judges dismissed a lawsuit challenging the redrawn legislative and congressional district lines on the grounds that they conflict with indirect influence constitutional right to “fair elections”. The justices said a recent assertion still applies — that redistricting policy decisions are left to the General Assembly and not the courts.

In an order released Friday, the Superior Court’s three-judge panel rejected a complaint filed in January by several voters trying to block the implementation of redistricting that they say creates outsized preferences that favor one side — in this case benefiting Republicans .

On a 2023 state Supreme Court ruling, the Republican Party majority said the judiciary did not have the authority to declare redistricting maps illegal partisan gerrymanders. They also said that redistricting was a political issue that the Judiciary should stay out of, barring challenges over specific limitations.

A voter lawyer argued in court hearing earlier this month that the 2023 ruling did not apply to their lawsuit, which described an implicit, though unspecified, right within the state constitution to fair elections. The lawsuit cites specific language in the constitution that “elections shall be held frequently” and that “all elections shall be free.”

But the order signed by Superior Court Judges Jeffery Foster, Angela Puckett and Ashley Gore says the Supreme Court’s 2023 opinion still controls the outcome in this case. That’s the argument also made by Republican legislative leaders who were among the defendants in the lawsuit.

“The issues raised by the Claimants are clearly political in nature,” the order dated Thursday said. “There is no judicially discoverable or manageable standard for deciding them, and the Panel’s resolution would require us to make policy decisions that are best suited to the political branch of government, namely the General Assembly.”

Lawyers for the plaintiffs said Saturday they intend to file an appeal. In a written statement, the lawyers added that the ruling that “legislative manipulation of voters to create essentially predetermined election results” is beyond the courts’ authority to resolve, in part creates a result that “if correct, is a devastating blow for the democratic process.” of elections in North Carolina.” Spokespeople for state House Speaker Tim Moore and Senate leader Phil Berger did not respond Friday to a request for comment.

The lawsuit is among four filed in North Carolina to challenge congressional and legislative limits drawn by the GOP-dominated General Assembly last fall for use in elections through 2030 that electorally favor the Republicans. The other three, still pending, were filed in federal court and focus on allegations of illegal racial manipulation.

The “fair elections” process is concentrated in a few districts. Each of the three judges who heard the case are registered Republicans. Chief Justice Paul Newby, a Republican who wrote the prevailing opinion in the 2023 redistricting decision, chooses three-judge panels to hear such cases.

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This story has been updated to correct a judge’s name to Angela Puckett, not Angela Pickett.