1 League of Women Voters of Moore County Presentation to the Moore County Board of Commissioners June 21, 2011

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REDISTRICTING STUDY FINDINGS AND

RECOMMENDATIONSLeague of Women Voters of Moore County

Presentation to the

Moore County Board of CommissionersJune 21, 2011

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Presenters

Jo Nicholas, President: League of Women Voters of North Carolina and League of Women Voters of Moore County

Carolyn Mealing, Chair, League of Women Voters of Moore County Fair Representation/ Redistricting Committee

Committee Members: Jean Burbage, Dr. Barbara Farr, O’Linda Gillis, Kay Hodge, Linda Tableman

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LEAGUE REDISTRICTING STUDY

From 2005 to 2007, the League of Women Voters of Moore County undertook a study that focused on determining whether there is a current need to redistrict the five Board of County Commissioners/Board of Education residency voting districts in Moore County, and if it was so determined, to make appropriate recommendations for change.

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Reasons for Instituting the Study

Leagues work for equitable apportionment and redistricting of all elected governmental bodies, using every technique from public education and testimony to monitoring and litigation.

Behind the League position on apportionment is a conviction that a population standard is the most equitable way of assuring that

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Reasons for Study (Continued)

each vote is of equal value in a democratic and representative system of Government. (LWVUS Where We Stand, promoting Democracy in America.)

Voting is one of our most cherished rights and responsibilities. Redistricting gives meaning to the right to vote by creating plans that afford all voters an equal opportunity to take meaningful part in this process.

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(Notes)

Simply stated, there are three basic types of voting districts: At Large: Candidates may reside anywhere, and

voters from all districts vote for all candidates. Representative: Candidates must reside in their

district, and voters vote only for candidates from their district.

Residency: Candidates must reside in a particular district, but voters vote for all candidates.

Note: Districts in North Carolina are comprised of one or a combination of those types of voting districts.

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Enabling legislation in North Carolina G.S. §153A-58 required districts to be established in counties for local elections in 1965, and five residency districts were established in Moore County.

Redistricting in Moore County was not done until 1995 pursuant to North Carolina G.S. §153A-22.1, at which time it was determined that the populations of the districts were substantially unequal. That same reason exists today. The populations of the districts are substantially unequal.

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There is a question of fairness with respect to the inequality of some of the residency voting district populations that currently differ substantially. Opportunities for candidates would be more equitable in districts with more equal populations.

In order to assure accurate oversight and administration of the county’s legal responsibilities with respect to voting districts, there should be clearly identifiable accurate coordinates for each of the five districts. Currently accurate coordinates do not exist.

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Notes:

Coordinates with reference to mathematics maps are each of a set of numbers that together describe the exact position of something such as a place on a map with reference to a set of axes.

GIS (Geographic Information System) is a collection of computer hardware, software, and geographic data for capturing, managing, analyzing, and displaying all forms of geographically referenced information.

Ideal district population means the total population of all voting districts divided by the number of voting districts.

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The North Carolina and United States Supreme Courts have said with respect to representative voting districts that plus or minus five percent from the ideal district population legally comports with one person one vote. Currently, three of the five districts vary from the ideal voting district population by more than five percent, and two of these by more than 30 percent.

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Although there is a Legislative requirement for counties with representative districts to redistrict after the Census every 10 years, there is no similar requirement for counties with residency districts to redistrict, regardless of voting district population inequalities. Therefore, redistricting for residency districts is currently left to political whim.

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Voting Districts

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Historical Background

The five residency voting districts established by Legislative authority in Moore County in 1965 by G.S. §153A-58(3) d., initially applied to Board of County Commissioner elections. These voting districts were subsequently adopted for Board of Education elections as well. Currently, in addition to the five residency district seats, the Board of Education has three at-large seats.

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Notes:

District populations are determined based on gross populations provided by Census data and not on voting populations.

(G.S. §153A-22.1) is the local legislation that controlled redefining voting districts in Moore County. G.S. Chapter 215, Senate Bill 717, was ratified in the 1995 Session. Teena Little was the State Senator representing Moore County at that time and was a driving force for the legislation.

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Adoption of Current District Boundaries

In 1995, the Board of County Commissioners adopted a resolution in the form of a legal description of the voting district boundary descriptions and an accompanying 8.5 X 11 paper map with those boundaries sketched onto the paper map. Staff took that non-digital information and created a digital GIS layer that represents, to the best of their ability, a digital version of the boundary descriptions. It should be noted that when this GIS layer was created based on that legal description, discrepancies were identified. Again, staff worked to the best of their ability to ensure the accuracy of the information; however, it is not free of discrepancies.” (Communication from Moore County Planning and Community Development Director, Andrea Surratt, May 2, 2007.)

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Research

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Other Residency Voting District Counties Surveyed

Other counties with residency voting

districts were surveyed to see if they had undergone redistricting, and if they had, to ask what their experience had been. Of the counties contacted at that time, only one other county had gone through a redistricting process within the past 10-12 years, and they had experienced population growth similar to Moore County. A few others reported that they were looking into

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Other Residency Voting District Counties Surveyed (Continued)

it, but the majority had not made any changes since the voting districts were originally established. It should be noted, however, that in some cases, there was no historical knowledge by the current administration as to whether their county had undergone redistricting. In other words, if it didn’t happen on their watch, they simply didn’t know. In other cases, voting district population variations from ideal populations had not changed substantially, so there was no need to redistrict.

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Minority Concerns League members met with attorney Anita

Earls, Director of Advocacy, UNC Center for Civil Rights to discuss this project, and more specifically, to address minority population concerns in the redistricting process. She told committee members about a 1989 lawsuit filed on behalf of a number of clients against the Town of Southern Pines and the Board of Education in Moore County. The clients were trying, under The Voting Rights Act to require that single voting districts be established instead of voting “at large.”

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Minority Concerns (Continued)

The case was not heard until 1994 – five years later -- at which time it was dismissed. It was found that neither the town, nor the Board of Education was in conflict with The Voting Rights Act because after the 1990 Census, it was determined that it was not possible to draw any of the five districts in a way that a minority candidate could be elected. Because you couldn’t draw one out of five, it couldn’t be required.

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NC Legislative Office Assistance

League members discussed at length legal ramifications and approaches to redistricting with the legal staff at the North Carolina Legislative Office in Raleigh.

League members also discussed the project at length with members of the North Carolina Legislative GIS Office staff prior to spending the day with them working on a sample model for proposed new districts. Whereas in 2007, this GIS capability was not readily available to the public in Moore County, it now is and can be done locally.

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Moore County Board of Elections

League members met with the director of the Moore County Board of Elections, Glenda Clendenin. Director Clendenin was very helpful in providing background and historical information about redistricting in Moore County and also offered valuable advice for our project. Director Clendenin said, “The Board of Elections has to use what was adopted by the Board of Commissioners.” At the time the districts were developed, the Commissioners had the option to adopt a map or coordinates, and they opted to adopt a visual map. Currently, therefore, there are no official coordinates. According to Director Clendenin, the lack of official coordinates can make administration of election law very difficult at times.

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Historical View of Moore County Voting District

Populations Census Years 1990-2010

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District Ideal Population

Actual Population

Difference % Difference

I 11,806 9,105 -2,701 -22.87

II 11,806 15,427 3,621 30.67

III 11,806 7,942 -3864 -32.73

IV 11,806 13,655 1,849 15.66

V 11,806 12,884 1,078 9.13

MC Voting District Populations ~ Based on 1990 Census – Total Population = 59,013

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MC Voting District Populations ~ Based on 2000 Census –Total Population =

74,770District Ideal

PopulationActual Population


I 14,954 12,949 -2,005 -13.41

II 14,954 19,437 4,483 29.98

III 14,954 12,226 -2,728 -18.24

IV 14,954 16,397 1,443 9.65

V 14,954 13,760 -1,194 -7.98

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MC Voting District Populations Based on 2010 Census Total Population = 88,247

District Ideal Population

Actual Population


I 17,649 17,858 +209 1.18II 17,649 24,283 6,634 37.58

III 17,649 11,978 -5,671 -32

IV 17,649 17,621 -28 .01

V 17,649 16,507 1,142 -6.48

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Districts by Precinct Based on 2010 Census Information

Ideal Voting District Population = 17,649

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District

1 District

II District

III District

IV District

V

Carthage 7093 Pinehurst A 5597 Robbins 2923 Eastwood 2137East Aberdeen 3398

PinehurstB-1 3056 West Moore 2982 Eureka 4164

West Aberdeen 5447

Cameron 3877Pinehurst B-2 2539 Bensalem 3319

North Southern Pines 3081 Pine Bluff 3486

Little River 3760 Pinehurst C 4426Deep River/High Falls 2754

South Southern Pines 4347 Pinedene 4176

Vass 3128 Taylortown 808 Knollwood 3892

West End 3016

Seven Lakes 4841

Total Population 17858





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TO EFFECT CHANGE

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District Criteria At the time the voting districts were first

established in 1965, they were required to meet certain criteria, and these criteria continue to apply today. Briefly,

One person, one vote Conformation to requirements of the Voting Rights Act

of 1965 and other state and federal precepts Considerations of

Compactness Contiguity: districts must be contiguous Division of counties must be minimized. Respect

for political subdivisions or communities of interest is to be maintained.

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Applicability of Enabling Legislation

(Pertinent Provisions of G.S. §153A-22.1)

Redefining residency district boundaries. (b) If a county is divided into residency districts,

the board of commissioners may find as fact whether there is substantial inequality of population among the districts. If the board finds that there is substantial inequality of population among the districts, it may by resolution redefine the residency districts to make them more nearly equal. The test for compliance with this section is a reduction in the relative overall range of deviation .

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To Effect Change:

According to this legislation, in order to effect change, the following actions would be necessary:

First, the Board of County Commissioners would

have to determine that there is substantial inequality of population among the five voting districts, and if they so determine;

The Board of County Commissioners would have

to pass a resolution to redefine the voting districts to make them more equal.

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Findings and Recommendations

Given the consistent deviation in a number of voting districts from the ideal district populations over the past 20 years, and currently and most notably in Voting Districts II and III, as well as other considerations including the lack of official voting district coordinates, the League of Women Voters of Moore County respectfully requests the Moore County Board of Commissioners to:

1. Find as fact that there is a substantial inequality of

population among the Districts. 2. Adopt a resolution to redefine the residency

districts in accord with established criteria with districts so drawn that the populations of each district would be as nearly equal as practicable.

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Findings and Recommendations (Continued)

3. Consult with the Moore County Board of Elections in establishing new voting district lines that clearly define the voting district lines from coordinates that can be accurately identified on a digital GIS map.

4. Establish a process by which redistricting would be done on a consistent basis, either after every Census or at such time as the deviation of one or more of the voting district populations exceeds 10 percent from the ideal voting district population.

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Sample ResolutionWHEREAS, Moore County Commissioners are nominated and elected on a

county-wide basis, but with each Commissioner residing in a separate residency district as defined by state statutes; and

WHEREAS, the General Assembly of North Carolina in its 1995 Session enacted Chapter 215, which gave the Moore County Board of Commissioners the authority to redefine the residency districts; and

WHEREAS, the Board of Commissioners finds as a fact that there is substantial inequality of population among the districts and adopts this Resolution for the purpose of reducing the relative overall range of such inequality so that the district populations shall be as equal as practicable;

BE IT FURTHER RESOLVED and NOW, THEREFORE, BE IT RESOLVED:1. That the five residency districts of Moore County are redefined as follows:

______________________2. That the seats representing Residency Districts ______ and _______ shall be

filled in the 2012 Elections and the remaining three seats shall be filled in the 2014 Elections.

3. That redistricting of the residency voting districts shall be done after every Census or at such time as the voting district populations vary from the ideal voting district population by more than 10 %, whichever comes first.

4 This Resolution shall become effective _____________________

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Addendum 1-17-12 - Approval of New Voting Districts

It took seven years from the inception of its study to the passage of the resolution by the Moore County Board of Commissioners, but on January 17, 2012, The League of Women Voters of Moore County finally achieved its goal to have the five residency voting districts redrawn so that the populations would be more equal, and in doing so, fair representation for Moore County citizens was also achieved. Research by the League showed that the voting district populations were substantially unequal, but without the acknowledgement by and the support of the Moore County Board of Commissioners, redistricting could not have taken place. Under current legislation, two steps must be taken to change the existing voting districts in Moore County. First, the Board of Commissioners is required to find that a substantial inequality of populations exists among the five voting districts, and then they are required to pass a resolution defining the new voting districts.

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Addendum Continued League President, Jo Nicholas, testified in support of redistricting on

numerous occasions before the commissioners. On several of those occasions, other League members, including the president of the Moore County chapter of the NAACP, also testified. The continued support and presence of League members at the Board of Commissioners’ meetings demonstrated that the League was united in its conviction that redistricting was necessary to achieve fair representation for Moore County citizens.

At the January 3, 2012 meeting, the commissioners passed a motion to

approve a proposal that divided the district populations equally and in a manner that allows all sitting commissioners and members of the Board of Education to be eligible to run in future elections. Of the several options under consideration, the League strongly supported this option because it was in keeping with the League’s nonpartisanship and its commitment to fair representation. At the January 17 meeting of the County Commissioners, this action was made official with the unanimous passage of a resolution that defined the new residency voting districts, a copy of which follows.

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Resolution to Revise Residency Districts: 1-17-12

RESOLUTION TO REVISE THE RESIDENCY DISTRICTS FOR THE MOORE COUNTY BOARD OF COMMISSIONERS WHEREAS, redistricting gives meaning to the right to vote by creating plans

that afford all voters an equal opportunity to take meaningful part in this process; and

WHEREAS, the residency districts have not been modified since Moore Count)/'s

statutorily required participation, under G.S. in the 1995 Census Bureau's Boundary and

Annexation Survey project, the Precinct Boundary Program and the Block Boundary Suggestion Project, Phase 1 of the year 2000 Redistricting Data Project; and

WHEREAS, townships were used by the Census Bureau for Census Block

Boundaries and defined congressional districts and county commissioner districts; and

WHEREAS, on June 12, 1995, G.S. 153A-22.1 (a local act) was enacted to

require the Moore County Board of Commissioners to redistrict their residency districts; and

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Resolution continued

WHEREAS, according to G.S. if a county is divided into residency districts, the board of commissioners may find as fact whether there is substantial inequality

of population among the districts. lf the board finds that there is substantial inequality

of populations among the districts, they may by resolution redefine the residency

districts to make them more equal; and WHEREAS, the ideal voting district population equals the total district populations

divided by the number of districts; and WHEREAS, based on the 2010 Census, the ideal voting district population is 17,649;

and WHEREAS, based on the 2010 Census information, there exists a substantial

inequality of residency district populations between District Il and District III. The current voting district population in Voting District Il is 24,807, which varies from the ideal voting district population by 41 percent. In District III, the current voting district population is 12,597 which varies from the ideal voting district population by minus 29 percent; and

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Resolution continued WHEREAS, the 2010 US Census reflects the number of Moore County residents increased by 18 percent from 74,768 in 2000 to 88,247 in 2010; and WHEREAS, the Moore County Board of Commissioners consists of five (5) members; and WHEREAS, Moore County is divided into five (5) residency districts for election to the Moore County Board of Commissioners; and WHEREAS, this Board of Commissioners undertakes this action with the intent that current members retain their incumbency and that each member shall serve out the full term to

which that member was most recently elected as of the date of this Resolution; and WHEREAS, it is the intent of this Resolution that no change in the boundaries of the tive (5) residency districts will affect the unexpired term of office of a member currently serving; and NOW, THEREFORE, BE IT RESOLVED that the Moore County Board of Commissioners adopts the following:

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Resolution continued A. That the following residency districts are established for the purpose

of election to the Moore County Board of Commissioners: 1. Districts shall consist of the following Voter Tabulation Districts (VTD)

now in existence in Moore County and the attached referenced 2010 United States Census block information. Please also refer to the attached maps and GIS electronic data, all of which are attached hereto as if fully set and is hereby incorporated by reference:

a. District 1: Please see Exhibit A attached hereto as if fully set forth and

is hereby incorporated by reference. b. District 2: Please see Exhibit B attached hereto as if fully set forth and

is hereby incorporated by reference. c. District 3: Please see Exhibit C attached hereto as if fully set forth and

is hereby incorporated by reference.

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B. The Moore County Geospatial Information Services (GIS) created a compact disk (CD)

containing all electronic data pertaining to the new districts, including the new residency district map, Option 6 letter and district voter blocks. (The CD is attached hereto as if fully set forth and is hereby incorporated by reference and labeled Exhibit F.) GIS also created a 42" by 48“ physical map of the new residency districts. (The Map is attached hereto as if fully set forth and is hereby incorporated by reference and labeled Exhibit G.) The CD and map will be retained in the office of the Clerk to the Board.

C. A technical correction to the GIS map outlined in Option 6, adopted

by the Board of Commissioners on January 3, 2012, has been made changing the

category of Voter Precincts to Voter Tabulation Districts. This change has no affect on boundaries. (The Map is attached hereto as if fully set forth and is hereby incorporated by reference and labeled Exhibit G.)

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D. The redefined districts shall become effective so as to allow all incumbents to complete their term. Members to Districts 2 and 4 shall be elected in November of 2012 and every four years thereafter, and members to Districts l, 3, and 5 shall be elected in November of 2014 and every four years thereafter.

E. This Resolution shall become effective upon its adoption. FURTHER BE IT RESOLVED that the Moore County Board of

Commissioners approves this Resolution and all attachments hereto and authorizes the Chairman to execute the same.

ADOPTED and effective this the 17th day of January, 2012.

Documents

1 League of Women Voters of Moore County Presentation to the Moore County Board of Commissioners June 21, 2011