U.S. Courts will not block state election

Federal judges in the state have refused a request by North Carolina Democrats to halt elections in the state which are planned under State House and Senate plans as drawn by State Superior Court Judge Knox V. Jenkins Jr.

The Democrats who made the request were told that they could instead make their case in federal court in the state. The request was made by House Speaker Jim Black and Senate leader Marc Basnight. According to them, further delays in the primaries (which were originally scheduled for May 7) could prevent a runoff (if needed), which they say would hurt African-Americans. The two asked that judges allow elections under maps drawn last year by the Democratically-controlled legislature. Those maps were approved by federal officials but ruled unconstitutional by the state Supreme Court. The judges said Thursday in their order that the federal court in the state "is the forum with unambiguous authority to order the (elections board) to adjust the primary election schedule to include a runoff. "That remark was made in reference to the assumption by Democrats that the runoff primaries would be cancelled, and that the state would not have time for a "traditional election schedule. "A hearing was scheduled Tuesday by a three-judge panel on a lawsuit brought by a Republican lawyer from Clemmons, Nate Pendley, which also challenges the validity of Jenkins' maps. Jenkins was called upon to draw the maps when he ruled that maps drawn by the Democrats were unconstitutional.

Judge Jenkins earlier this year heard the appeal filed by the state Republican Party over the first maps drawn by the state legislature. The state Supreme Court, in reviewing the case, sent the case back to Jenkins. The legislature was given the chance to redraw the maps, and Jenkins was given the option, by the Supreme Court, of either accepting those maps or drawing his own. The maps drawn by Judge Jenkins place Alleghany in State Senate District 45, which would include all of Alleghany County, Ashe County, Caldwell County and Watauga County, along with the following Wilkes precincts: Boomer, Jobs Cabin, Reddies River, Union, Mount Pleasant and Ferguson. Two incumbents will clash in the district.

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