Harper v. Lewis
North Carolina voters supported by the NRF challenged the state’s 2016 congressional map as a partisan gerrymander in violation of the Free Elections, Equal Protection, Freedom of Speech, and Freedom of Assembly Clauses of the North Carolina Constitution. The NRF-supported plaintiffs argued that the legislature’s most recent partisan gerrymander is an extreme partisan gerrymander that dilutes Democratic votes and prevents Democratic voters from electing candidates of their choice. According to expert analysis submitted by the plaintiffs, a review of hundreds of nonpartisan simulated maps respecting North Carolina’s political geography and traditional redistricting principles revealed that, compared to the computer-generated maps, the 2016 Plan is extraordinarily abnormal — indicating it was heavily gerrymandered to favor the Republican Party.
On October 28, 2019, the Wake County Superior Court granted the NRF-supported Harper Plaintiffs’ motion for preliminary injunction, enjoining the State from using the 2016 map for the upcoming 2020 elections. However, on November 15, 2019, the General Assembly enacted a new congressional map, and shortly thereafter, the Legislative Defendants filed a motion for summary judgment arguing that the Harper Plaintiffs’ constitutional claims were moot. On December 2, 2019, the court lifted its previous injunction, allowing the State Board of Elections to begin administrative processes for congressional candidates under the recently enacted map.
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