State of North Carolina

North Carolina 2023 Redistricting Challenge (State Court)

Bard v. North Carolina State Board of Elections

Lawsuit filed on behalf of North Carolina voters challenging North Carolina’s newly enacted congressional, state House and state Senate map, which the Republican-controlled Legislature redrew in October 2023. The plaintiffs contend that in drawing these new maps, the North Carolina General Assembly created an unfair partisan advantage for Republican candidates. The plaintiffs assert that because the North Carolina Constitution guarantees citizens a right to “frequent” and “free” elections, it “surely… guarantees them the right to ‘fair’ elections” as well. According to the plaintiffs, the right to “fair” elections is “an unenumerated right reserved by the people and fundamental to the very concept of elections and the underpinnings of democracy.” The complaint maintains that the 6th, 13th and 14th Congressional Districts — which include Davidson, Franklin and Burke Counties respectively — unduly favor Republicans. In addition, the plaintiffs argue that the 7th Senate District and 105th House District — which encompass New Hanover and Mecklenburg Counties respectively — afford Republicans an unfair advantage. The plaintiffs contend that the challenged districts violate their right to “fair” elections under the North Carolina Constitution. The lawsuit asks the court to declare that “the citizens of North Carolina have an unenumerated constitutional right to fair elections” and to simultaneously strike down the maps for violating said right.

STATUS: Legislative defendants’ motion to dismiss is in progress.

Case Documents

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