GREENSBORO, N.C. – A federal judge issued an injunction Thursday to stop the Greensboro redistricting law, enacted by state lawmakers, from going into effect this election cycle.
The first hearing for the case was held Thursday morning at the Federal Courthouse in downtown Greensboro. The judge heard arguments and asked questions before adjourning court before noon.
The City of Greensboro, along with six residents, filed the lawsuit against the Guilford County Board of Elections on July 13.
The injunction granted Thursday means candidate filing will begin Monday under the current five district system.
The law in question, referred to as the Greensboro Act, changes the make-up of the city council, creates new voting districts and strips the mayor of voting power. It also includes a provision that makes Greensboro the only city that needs state approval to redraw district lines in the future.
The lawsuit calls the move by state lawmakers arbitrary, discriminatory and “tainted with bad faith.” Plaintiffs say the legislation strips the city council and its residents of a voice in how they run the local government. They also claim the new districts overpopulate minority districts and pit all four African-American city council incumbents against each other.
The plaintiffs argue the law is unconstitutional, violating the 14th amendment of the North Carolina constitution, which guarantees equal protection under the law. They also say the “hastily passed Greensboro Act” denies citizens the right to petition and initiate a referendum.
The defendant in the case is the Guilford County Board of Elections because it is the agency that carries out the new law.
Attorneys for the Board of Elections argued the agency has a very specific and defined role, which is to hold fair and impartial elections. Attorneys agreed they should be a party, in this case, but only as far as an injunction is concerned.
They maintain a different defendant should be responsible for defending the law’s constitutionality.
The federal judge in the case agreed a decision about an injunction should be made this week to
provide temporary direction in the case.
Although the judge sided with the plaintiffs Thursday, litigation over HB263 may not be over.
The judge ordered a trial be scheduled for this case well before the 2017 municipal election to resolve the issue.
