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10-18-21 Regular Meeting
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10-18-21 Regular Meeting
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beholden to the North Carolina Supreme Court's explicit ruling in Stephenson v. Bartlett that VRA <br /> districts must be drawn first, the spirit of Stephenson's VRA prioritization should permeate the <br /> Board's districting decisions. <br /> To the extent that the Board is redrawing these districts with a partisan intent, the Board <br /> cannot avoid the racial issues described above by relying on purportedly partisan justifications for <br /> the changes in Plan F, especially where partisan manipulation or partisan gerrymandering can <br /> mask the underlying racially discriminatory intent in a proposed district map. It has been reported <br /> that members of the Board tried to draw maps that gave a partisan advantage on the Board, but <br /> you advised them not to in a September 13, 2021 memo.' In North Carolina, race and political <br /> affiliation are often correlated,but as the court in Common Cause v. Lewis stated, "[e]lections are <br /> not free when partisan actors have tainted future elections by specifically and systematically <br /> designing the contours of the election districts for partisan purposes and a desire to preserve <br /> power."2019 N.C. Super. LEXIS 56, *344(September 3,2019).Thus,to the extent that the Board <br /> seeks to consolidate power within one party by undermining the power of the Black vote and their <br /> candidate of choice in District 1,the Board will likely run afoul of North Carolina's Free Election <br /> Clause. See N.C. Const. Art. I, § 10. <br /> Non-Transparent Process in Proposing Plan F <br /> The Board has developed Plan F behind closed doors in a process that lacked the <br /> transparency necessary to instill public confidence in the redistricting process and legitimacy of <br /> the district map if Plan F is adopted. Plan F was never submitted for public comment, and it was <br /> only proposed after a public hearing on two other maps(Plans A and E).5 <br /> It is clear that in proposing Plan F,the Board was not vigilant in protecting Black voters in <br /> Lee County. Plan F makes significant changes to District 1 and has done so with no transparency <br /> in how the map was drawn, including whether partisan data was utilized. The Board also did not <br /> publicly release the voting age population statistics that are necessary to determine how <br /> substantially the voting power of the Black community will be diminished under Plan F. Because <br /> there has been no public hearing on Plan F,there is no way to interrogate the Board members about <br /> Plan F and thus, there are limited ways to hold the Board accountable before it votes on the <br /> adoption of Plan F. <br /> The residents of Lee County should choose their representatives in a fair and equitable <br /> way. For too long, elected officials in North Carolina have been choosing who they want to <br /> represent,whether on partisan or racial grounds.In creating a separate map that has not been vetted <br /> by the public,the Board has allowed transparency to take a back seat and the Board is now seeking <br /> to choose the voters it wants to represent,flipping our democratic process on its head.Plan F harms <br /> Black voters by significantly diluting their voting power within District 1. Local races are decided <br /> a Attorney Parrish Memo to Board of County Commissioners,available at https://rantnc.com/wp- <br /> content/uploads/2021/09/Memorandum-9.13.21.2-converted.pdf(last visited October 17,2021).See also Smith <br /> Seeks `Political Breakdown"of Redistricting Proposals(September 17,2012), <br /> https://rantnc.com/2021/09/17/smith-seeks-political-breakdown-of-redistricting-proposals/ <br /> 5 Richard Sullins,Commissioners Propose,Approve Last Minute Redistricting Proposal (October 6,2021), <br /> (https://rantnc.com/2021/10/06/commissionerspropose-approve-last-minute-redistricting-proposal/. ' , <br /> 3 `` <br />
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