A pair of lawsuits challenging North Carolina's new Republican-drawn boundaries for congressional and legislative seats can move forward, a three-judge panel said Monday.
The Superior Court judges refused to dismiss the lawsuits, and threw out fewer than half of the 37 claims offered by attorneys for Democratic elected officials, civil rights and election watchdog groups, and voters from about 200 pages filed in November.
Attorneys for the state and legislative leaders had wanted the lawsuits themselves thrown out.
The crux of the argument within the consolidated lawsuits remains intact. Plaintiffs claim state or federal constitutions prohibit mapmakers from splitting voting precincts excessively, creating boundaries that fracture too many counties as well as gerrymandering based predominantly on racial considerations.
Although the maps for the House and Senate and the state's congressional delegation will still be used for this year's May primary, the ruling means a significant portion of the case can move to trial in the months ahead.
"We are pleased that the major claims in the lawsuit remain," Scott Falmlen, a spokesman for the Democratic elected officials and voters who sued, said in an emailed statement.
"We look forward to the opportunity to fully proving the significant constitutional flaws in all three redistricting plans and the manner in which those plans violate the rights of all North Carolina citizens."
The judges declined on Jan. 20 to delay the May elections until July, deciding the extra two months still wouldn't leave enough time to fully resolve the case.
The judges gave no explanation for Monday's decision in their two-page rulings, but the refusal to dismiss the lawsuits wasn't surprising. Wake County Judge Paul Ridgeway said in court last month, "The careful consideration of the plaintiffs' arguments must go on and this court will continue to balance these arguments against the thoughtful, serious and compelling arguments raised in defense of the plans."
Sen. Bob Rucho, R-Mecklenburg, the Redistricting Committee's chairman, said he was pleased that the judges dismissed claims he called "pretty much frivolous and not based on law." He said in a phone interview that he believes the remaining claims will be thrown out after evidence is collected and presented in court: "We would expect our maps to be vindicated completely."
Last month's ruling means candidate filing for the May 8 primary will begin on time on Monday.
Attorneys for the groups said neither would challenge the primary delay ruling.
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