DocketNumber： 103A06
Citation Numbers： 649 S.E.2d 364, 361 N.C. 491
Judges： Edmunds, Hudson, Parker, Timmons, Timmons-Goodson
Filed Date： 8/24/2007
Status： Precedential
Modified Date： 8/21/2023
In this case, we consider whether the current geographic configuration and racial composition of North Carolina House District 18 as established by the North Carolina General Assembly was required by Section 2 of the Voting Rights Act of 1965.
The General Assembly’s redistricting powers are confined and directed in several respects. In the first instance, redistricting “must comport with federal law.” Stephenson v. Bartlett, 355 N.C. 354, 363, 562 S.E.2d 377, 384 (Stephenson I), stay denied, 535 U.S. 1301, 152 L. Ed. 2d 1015 (Rehnquist, Circuit Justice 2002). In addition, the Constitution of North Carolina enumerates several limitations on the General Assembly’s redistricting authority. See N.C. Const. art. II, §§ 3, 5. Those constitutional limitations are binding upon the General Assembly “except to the extent superseded by federal, law.” Stephenson I, 355 N.C. at 372, 562 S.E.2d at 390. None of the express limitations on redistricting in our State Constitution is facially inconsistent with federal law. Id. at 370, 562 S.E.2d at 389.
Two constitutional sections limiting redistricting, collectively known as the “Whole County Provision” (WCP), provide “[n]o county shall be divided in the formation of a senate district,” N.C. Const, art. II, § 3(3), and “[n]o county shall be divided in the formation of a representative district,” id. art. II, § 5(3). Although federal law is supreme, when “the primary purpose of the WCP can be effected to a large degree without conflict with federal law, it should be adhered to by the General Assembly to the maximum extent possible.” Stephenson I, 355 N.C. at 374, 562 S.E.2d at 391. Moreover, “the WCP cannot be applied in isolation or in a manner that fails to comport with other requirements of the State Constitution.” Id. at 376, 562 S.E.2d at 392.
The district in question, House District 18, was drawn after this Court determined that earlier redistricting efforts by the North Carolina General Assembly failed to meet federal and state standards. In Stephenson I, we held that the General Assembly’s 2001 state House and Senate legislative redistricting plans violated the State Constitution’s WCP. 355 N.C. at 375, 562 S.E.2d at 392. Similarly, in Stephenson II, this Court held that the General Assembly’s proposed 2002 redistricting plans were also constitutionally deficient. Stephenson v. Bartlett, 357 N.C. 301, 314, 582 S.E.2d 247, 254 (2003) (Stephenson II). In the 2003 House redistricting plan promulgated after the two Stephenson opinions, Pender County was divided between two legislative districts, House District 16 and House District 18. Act of Nov. 25, 2003, ch. 434, secs. 1-2, 2003 N.C. Sess. Laws (1st Extra Sess. 2003) 1313, 1313-92. Both districts encompass portions of Pender and New Hanover Counties and thus cross county lines. Id., sec. 1 at 1327-30.
The General Assembly drew House District 18 to meet the requirements of Section 2 of the Voting Rights Act of 1965 (VRA), codified as amended at 42 U.S.C. § 1973 (2003). Section 2 of the VRA, which we discuss in detail below, “generally provides that states or their political subdivisions may not impose any voting qualification or prerequisite that impairs or dilutes, on account of race or color, a citizen’s opportunity to participate in the political process and to elect representatives of his or her choice.” Stephenson I, 355 N.C. at 363, 562 S.E.2d at 385 (citing 42 U.S.C. §§ 1973(a), (b); Thornburg v. Gingles, 478 U.S. 30, 43, 92 L. Ed. 2d 25, 42 (1986)). Past election results in North Carolina demonstrate that a legislative voting district with a total African-American population of at least 41.54 percent, or an African-American voting age population of at least 38.37 percent, creates an opportunity to elect African-American candidates. Accordingly, in the 2003 House redistricting plan, the General Assembly fashioned House District 18 with a total African-American population of 42.89 percent, and an African-American voting age pop
On 14 May 2004, plaintiffs brought the instant action. Pender County was a named plaintiff, as were five persons suing both as individuals and in their official capacities as county commissioners of Pender County. Defendants, consisting of the Executive Director and members of the North Carolina Board of Elections, the then co-Speakers of the North Carolina House of Representatives, the President Pro Tempore of the North Carolina Senate, the Attorney General, and the Governor of the State of North Carolina, were all sued in their official capacities. In their complaint, plaintiffs contended that the 2003 House redistricting plan violated the WCP by dividing Pender County into House District 16 and House District 18. Defendants responded that the division of Pender County was required by Section 2 of the VRA, which trumped the State Constitution.
Pursuant to N.C.G.S. § 1-267.1(b), on 24 May 2004 the Chief Justice appointed a three-judge panel to hear this redistricting challenge. Plaintiffs first sought a preliminary injunction to enjoin defendants from proceeding with the 2004 primary and general elections. The panel denied the injunction. On 25 February 2005, the parties filed cross-motions for summary judgment, followed by initial and amended stipulations of fact.
On 2 December 2005, the three-judge panel entered an order allowing partial summary judgment in favor of defendants and denying summary judgment for plaintiffs. In its order, the panel determined that plaintiff Pender County and its commissioners lacked standing to sue in their official capacity, although the commissioner-plaintiffs could proceed in their individual capacities. Plaintiffs do not appeal this determination. Next, the panel examined House District 18 in light of the United States Supreme Court’s decision in Thornburg v. Gingles, the leading case interpreting Section 2. Gingles set out three “necessary preconditions” a plaintiff is required to demonstrate before he or she can establish that a legislative district must be drawn to comply with Section 2 or that an existing district violates Section 2. 478 U.S. at 50, 92 L. Ed. 2d at 46. These preconditions require a plaintiff to show that: (1) a minority population is “sufficiently large and geographically compact to constitute a majority in a single-member district”; (2) the minority population is “politically cohesive” and thus votes as a bloc; and (3) the majority
As the three-judge panel noted, the procedural posture of the case at bar differs from a typical Section 2 case. Here, defendants drew House District 18 as a preemptive measure against the possibility that a lawsuit might be filed challenging the absence of a Section 2 district in southeastern North Carolina. Plaintiffs claim that the current configuration of House District 18 was not required by Section 2 and that the District violates the WCP, thus placing defendants in the unusual position of having to defend a legislative district by proving that a Section 2 violation would have occurred if current House District 18 had not been created. Accordingly, defendants here must bear the burden, normally borne by plaintiffs, of establishing the Gingles preconditions. If they succeed, defendants can demonstrate that the drawing of House District 18 was required by Section 2, obviating the need to comply with the WCP.
The three-judge panel held that House District 18 met the first two Gingles preconditions but determined that material issues of fact remained as to whether the third precondition had been satisfied. Because the panel did not reach the issue of whether House District 18 met the third precondition, it declined to consider whether the district also met the “totality of circumstances” test prescribed by Gingles and Section 2 of the VRA. Gingles, 478 U.S. at 43, 92 L. Ed. 2d at 42 (quoting 42 U.S.C. § 1973(b)) (explaining that Section 2 is violated when the “totality of the circumstances” establishes that members of a protected class “have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice”).
Following the order of partial summary judgment, the parties on 9 January 2006 filed another joint stipulation that the Caucasian majority voted sufficiently as a bloc to enable it usually to defeat the African-American minority’s preferred candidate. Through this stipulation, plaintiffs conceded House District 18 met the third Gingles precondition. However, plaintiffs did not stipulate that House District 18 was required by Section 2 of the VRA.
Three of the five individual plaintiffs appealed to this Court pursuant to N.C.G.S. § 120-2.5. Although neither party has raised the issue of jurisdiction, we note that this statute authorizes direct appeal to this Court “from any final order or judgment of a court declaring unconstitutional or otherwise invalid in whole or in part and for any reason any act of the General Assembly that apportions or redistricts State legislative or congressional districts.” N.C.G.S. § 120-2.5 (2005). While the three-judge panel did not declare the 2003 House redistricting plan unconstitutional or invalid, we do not believe the General Assembly intended to limit appeals of the findings of such a three-judge panel to one type of outcome only. This view is supported by a later part of the same session law that enacted § 120-2.5, which provides that the appeal provision applies to “any action of a court affecting the validity of an act apportioning or redistricting State legislative or congressional districts.” Ch. 434, sec. 16, 2003 N.C. Sess. Laws (1st Extra Sess. 2003) at 1419 (emphasis added). Accordingly, we interpret N.C.G.S. § 120-2.5 to mean that any appeal from a three-judge panel dealing with apportionment or redistricting pursuant to N.C.G.S. § 1-267.1 is direct to this Court. We now consider whether the VRA required that House District 18 be drawn in its current form as a crossover district.
An order allowing summary judgment is reviewed de novo. Howerton v. Arai Helmet, Ltd., 358 N.C. 440, 470, 597 S.E.2d 674, 693 (2004). Summary judgment is appropriate when “there is no genuine issue as to any material fact” and “any party is entitled to a judgment as a matter of law.” N.C.G.S. § 1A-1, Rule 56(c) (2005). An act of the General Assembly is accorded a “strong presumption of constitutionality” and is “presumed valid unless it conflicts with the Constitution." Pope v. Easley, 354 N.C. 544, 546, 556 S.E.2d 265, 267 (2001) (per curiam).
[B]ased on the totality of circumstances, it is shown that the political processes leading to nomination or election in the State or political subdivision are not equally open to participation by members of a class of citizens protected by subsection (a) of this section in that its members have less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice. The extent to which members of a protected class have been elected to office in the State or political subdivision is one circumstance which may be considered: Provided, That nothing in this section establishes a right to have members of a protected class elected in numbers equal to their proportion in the population.
Id. § 1973(b) (2003). “The essence of a § 2 claim is that a certain electoral law, practice, or structure interacts with social and historical conditions to cause an inequality in the opportunities enjoyed” by minority voters to elect their preferred representatives. Gingles, 478 U.S. at 47, 92 L. Ed. 2d at 44.
Consequently, Section 2 prohibits the dilution, on account of race or color, of a minority citizen’s opportunity to participate in the political process and to elect representatives of his or her choice. Stephenson I, 355 N.C. at 363, 562 S.E.2d at 385. Although the phrase “vote dilution” does not appear in Section 2, the United States Supreme Court has provided guidance on this issue. Vote dilution of a racial minority group can occur “by the dispersal of blacks into districts in which they constitute an ineffective minority of voters or from the concentration of blacks into districts where they constitute an excessive majority.” Gingles, 478 U.S. at 46 n.11, 92 L. Ed. 2d at 44 n.11. “The phrase ‘vote dilution,’ in the legal sense, simply refers to the impermissible discriminatory effect that a . .. districting plan has when it operates ‘to cancel out or minimize the voting strength of racial groups.’ ” Id. at 87, 92 L. Ed. 2d at 70 (O’Connor, J., concurring) (quoting White v. Regester, 412 U.S. 755, 765, 37 L. Ed. 2d 314, 324 (1973)); see also Reno v. Bossier Parish Sch. Bd., 528 U.S. 320, 359, 145 L. Ed. 2d 845, 875 (2000) (Souter, J., concurring in part and dis
Although courts ultimately apply a totality of the circumstances tést to determine whether a practice results in a denial or abridgement of the right to vote, 42 U.S.C. § 1973(b), a plaintiff bringing a claim under Section 2 must first establish the three Gingles threshold preconditions. In the case at bar, plaintiffs argue, and defendants do not dispute, that these three preconditions must exist before the General Assembly is required to draw a legislative district pursuant to Section 2. Failure to sustain any one of the Gingles preconditions means that the General Assembly is not required to create a legislative district pursuant to Section 2 to ensure that the votes of the minority are not diluted. See Voinovich v. Quilter, 507 U.S. 146, 158, 122 L. Ed. 2d 500, 514 (1993).
While Gingles construed Section 2 in the context of a lawsuit concerning dilution in a multi-member legislative district, the Supreme Court subsequently applied the Gingles preconditions to single-member legislative districts. “[A] claim of vote dilution in a single-member district requires proof meeting the same three threshold conditions for a dilution challenge to a multimember district.” Johnson v. De Grandly, 512 U.S. 997, 1006, 129 L. Ed. 2d 775, 788 (1994) (citing Growe v. Emison, 507 U.S. 25, 40, 122 L. Ed. 2d 388, 403-04 (1993)). Thus, the Gingles preconditions must be found before Section 2 requires the General Assembly to create a single-member district on behalf of a minority group. In other words, the existing configuration and makeup of House District 18 was not required by Section 2 unless all three Gingles preconditions were established.
Only the first Gingles precondition is at issue in this appeal. The narrow question before us is whether this precondition, that a minority group must be “sufficiently large and geographically compact to constitute a majority in a single-member district,” 478 U.S. at 50, 92 L. Ed. 2d at 46, requires that the minority group constitute a numerical majority of the relevant population, or whether a numerous minority can satisfy the precondition. We must determine whether the United States Supreme Court in Gingles meant a quantitative majority of the minority population (i.e., greater than 50 percent), or whether it meant instead a minority group sufficiently
Before we can answer that question, however, we must determine “which characteristic of minority populations (e.g., age, citizenship) ought to be the touchstone” for the first Gingles precondition. De Grandy, 512 U.S. at 1008, 129 L. Ed. 2d at 789. We cannot discuss the terms “minority” and “majority” in the context of a redistricting case without knowing what population we are considering. In other words, a “majority” or “minority” of what? Are we including the entire population of the minority group in the geographic area or are we limiting consideration to a smaller subset of that minority population? Although the United States Supreme Court has left open this question as well, id. at 1008-09, 129 L. Ed. 2d at 789-90, dictum in Perry from a unanimous Court indicates a majority should be determined by the number of minority citizens of voting age, not by its total population: “Latinos, to be sure, are a bare majority of the voting-age population in new District 23, but only in a hollow sense, for the parties agree that the relevant numbers must include citizenship. This approach fits the language of § 2 because only eligible voters affect a group’s opportunity to elect candidates.” Perry, 126 S. Ct. at 2616, 165 L. Ed. 2d at 638.
In addition, the plain language of Section 2 indicates citizenship should be taken into account in that the statute prohibits any “qualification or prerequisite to voting . . . which results in a denial or abridgement of the right of any citizen of the United States to vote on account of race.” 42 U.S.C. § 1973(a) (emphasis added). As Gingles explained:
The reason that a minority group making such a challenge must show, as a threshold matter, that it is sufficiently large and geographically compact to constitute a majority in a single-member district is this: Unless minority voters possess the potential to elect representatives in the absence of the challenged structure*501 or practice, they cannot claim to have been injured by that structure or practice.
478 U.S. at 50 n.17, 92 L. Ed. 2d at 46 n.17 (emphasis added). Gingles “repeatedly makes reference, to effective voting majorities, rather than raw population totals, as the touchstone for” determining the first precondition. Romero v. City of Pomona, 883 F.2d 1418, 1425 (9th Cir. 1989), overruled in part on other grounds, Townsend v. Holman Consulting Corp., 929 F.2d 1358 (9th Cir. 1991). “The raison d’etre of [Gingles] and of amended § 2 is to facilitate participation by minorities in our political processes, by preventing dilution of their votes. ... It would be a Pyrrhic victory for a court to create a single-member district in which a minority population dominant in absolute, but not in voting age numbers, continued to be defeated at the polls.” Campos v. City of Houston, 113 F.3d 544, 548 (5th Cir. 1997) (quotation omitted). Because only voting age citizens of the United States possess the ability to elect candidates, we hold that the “proper statistic” for deciding whether a minority group can meet the first Gingles precondition is “voting age population as refined by citizenship.” Negrón v. City of Miami Beach, 113 F.3d 1563, 1569 (11th Cir. 1997); see also Barnett v. City of Chicago, 141 F.3d 699, 704 (7th Cir. 1998) (“We think that citizen voting-age population is the basis for determining equality of voting power that best comports with the policy of [Section 2].”), cert. denied sub nom. Bialczak v. Barnett, 524 U.S. 954, 141 L. Ed. 2d 740 (1998).
We now return to the critical question on appeal, whether the “sufficiently large and geographically compact” minority population must constitute a numerical majority of citizens of voting age in order to satisfy the first Gingles precondition. As we undertake this analysis, we are mindful of at least four distinct types of legislative districts: (1) “majority-minority” districts, (2) “coalition” districts, (3) “crossover” districts, and (4) “influence” districts. A majority-minority district is one “in which a majority of the population is a member of a specific minority group.” Voinovich, 507 U.S. at 149, 122 L. Ed. 2d at 508. Majority-minority districts are often called “safe” districts for the minority because the minority group voters can vote as a bloc to elect the candidates of their choice without relying on voters of other races.
By contrast, in the other types of legislative districts, the predominant minority group cannot consistently elect its candidate of choice without the assistance of other racial groups. Absent such
Plaintiffs contend that a minority group must constitute a numerical majority of the voting population in the area under consideration before Section 2 of the VRA requires the creation of a legislative district to prevent dilution of the votes of that minority group. They point to the wording of the first Gingles precondition, which says a minority group must be “sufficiently large and geographically compact to constitute a majority in a single-member district,” 478 U.S. at 50, 92 L. Ed. 2d at 46 (emphasis added), and claim this language permits only majority-minority districts to be formed in response to a Section 2 claim. Defendants respond that the language of both Gingles and Section 2 allows for other types of legislative districts, such as coalition, crossover, and influence districts. House District 18, which defendants term an “effective minority district,” functions as a single-member crossover district in which the total African-American voting age population of 39.36 percent needs to draw votes from a Caucasian majority to elect the candidate of its choice. Defendants contend such a crossover district is permitted by Section 2 and Gingles.
Although the United States Supreme Court has left open this issue, the majority of federal circuit courts confronting the question have concluded that, when a district must be created pursuant to Section 2, it must be a majority-minority district. See, e.g., Hall v. Virginia, 385 F.3d 421, 423 (4th Cir. 2004) (holding “Gingles establishes a numerical majority requirement for all Section 2 claims”), cert. denied, 544 U.S. 961, 161 L. Ed. 2d 602 (2005); Valdespino v. Alamo Heights Indep. Sch. Dist., 168 F.3d 848, 850 (5th Cir. 1999) (holding “we reject the appellants’ contention that a ‘majority’ may be less than 50% of the citizen voting-age population”), cert. denied, 528 U.S. 1114, 145 L. Ed. 2d 811 (2000); Negrón, 113 F.3d at 1571 (11th Cir.) (plaintiffs failed to establish first Gingles precondition when Hispanics did not “constitute a majority of potential voters”)
We find these cases to be sensible and persuasive. When a minority group lacks a numerical majority in a district, “the ability to elect candidates of their own choice was never within the [minority group’s] grasp.” Hall, 385 F.3d at 430. If a minority group lacks the voting population “to independently decide the outcome of an election,” it cannot demonstrate that its voting strength has been diluted in violation of Section 2 because it cannot show that any electoral structure or practice has thwarted its ability or potential to elect candidates of its choice. Id. at 429. “Unless minority voters possess the potential to elect representatives in the absence of the challenged structure or practice, they cannot claim to have been injured by [a vote-diluting] structure or practice.” Gingles, 478 U.S. at 50 n.17, 92 L. Ed. 2d at 46 n.17; see also Hall, 385 F.3d at 429.
Several federal cases have described this interpretation as imposing a “bright line rule.” See McNeil, 851 F.2d at 944 (the Gingles preconditions can be viewed as a “brightline requirement” that the minority voters make up the majority of the district); Valdespino, 168 F.3d at 852 (“[T]his court has interpreted the Gingles factors as a bright line test.”). This bright line rule, requiring a minority group that otherwise meets the Gingles preconditions to constitute a numerical majority of citizens of voting age, can be applied fairly, equally, and consistently throughout the redistricting process. With a straightforward and easily administered standard, Section 2 legislative districts will be more uniform and less susceptible to ephemeral political vot
In addition, a bright line rule provides our General Assembly a safe harbor for the redistricting process. Redistricting should be a legislative responsibility for the General Assembly, not a legal process for the courts. Without a majority requirement, each legislative district is exposed to a potential legal challenge by a numerically modest minority group with claims that its voting power has been diluted and that a district therefore must be configured to give it control over the election of candidates. In such a case, codrts would be asked to decide just how small a minority population can be and still claim that Section 2 mandates the drawing of a legislative district to prevent vote dilution. “[A]n unrestricted breach of this precondition ‘would] likely open a Pandora’s box of marginal Voting Rights Act claims by minority groups of all sizes.’ ” Dillard, 376 F.3d at 1268 (quoting Hastert, 777 F. Supp. at 654 (alterations in original)). “The first Gingles precondition provides a gate-keeping mechanism by which the courts maintain” ascertainable and objective standards from which to adjudicate Section 2 claims. Id. Although we acknowledge that a bright line rule “might conceivably foreclose a meritorious claim,” in general it “ensure[s] that violations for which an effective remedy exists will be considered while appropriately closing the courthouse to marginal claims.” McNeil, 851 F.2d at 943. “In making that trade-off, the Gingles majority justifiably sacrificed some claims to protect stronger claims and promote judicial economy.” Id.
Besides the advantages of a bright line rule requiring a minority group to have a numerical majority of citizens of voting age, we are also advertent to the disadvantages of coalition, crossover, and influence districts. Without a rule requiring a numerical majority of citizens of voting age, “there appears to be no logical or objective measure for establishing a threshold minority group size necessary” for Section 2 legislative districts. Hastert, 777 F. Supp. at 654. In addition, courts could be called upon to divine whether coalitions would hold together through biennial and quadrennial election cycles, whether a majority group would continue to cross over through the election cycles, whether one minority group would consistently support another minority group’s primary election candidate, what percentage of a minority group would vote with or against that minority, whether the claims of one minority group are superior to those of
We also recognize a specific tension in the Gingles preconditions if crossover districts are permitted to satisfy Section 2 requirements. A crossover district is premised upon a minority group gaining support from voters in the typically Caucasian majority to elect the candidate of the minority group’s choice. In apparent contradiction, the third Gingles precondition requires that the majority population vote “sufficiently as a bloc to enable it. .. usually to defeat the minority’s preferred candidate.” Gingles, 478 U.S. at 51, 92 L. Ed. 2d at 47. Consequently, if the majority group does not vote sufficiently as a bloc, the third Gingles prong cannot be met. When a minority group is able to accumulate sufficient crossover Caucasian votes that the minority candidate is successful, however, the Gingles premise that the Caucasian majority votes as a bloc to defeat the minority group’s candidate is undermined. Metts, 363 F.3d at 12 (recognizing the “tension” in “any effort to satisfy both the first and third prong of Gingles,” and observing that “[t]o the extent that African-American voters have to rely on cross-over voting to prove they have the ‘ability to elect’ a candidate of their choosing, their argument that the majority votes as a bloc against their preferred candidate is undercut”). In short, a high level of crossover voting is inconsistent with the majority bloc voting defined in the third Gingles precondition and weakens the possibility of vote dilution. See id. at 13-14 (Selya, J., dissenting) (contending that a showing of majority bloc voting is “structurally inconsistent” with a crossover district).
Thus, after taking into account the language of Gingles, the weight of persuasive authority from the federal circuits, the importance of imposing a practicable rule, the necessity for judicial economy, the redistricting responsibility of the General Assembly, and the inherent tension lurking in the third Gingles prong, we conclude that a bright line rule is appropriate. Accordingly, if a minority group is geographically compact but nevertheless lacks a numerical majority of citizens of voting age, the minority group lacks the power to decide independently the outcome of an election, and its voting power has not been diluted by the lack of a legislative district. In such a case, the first Gingles precondition has not been satisfied and the General Assembly is not required to create a Section 2 legislative district.
As presently drawn, House District 18 does not meet this bright line test. The district has a total African-American population of 42.89
As we noted at the beginning of this opinion, the formation of legislative districts must comport with the requirements of our State Constitution, unless federal law supercedes those provisions. Accordingly, because current House District 18 is not required by Section 2, it must comply with the redistricting principles enunciated by this Court in Stephenson I. The WCP forbids the division of a county in the formation of a legislative district, N.C. Const, art. II, §§ 3(3), 5(3), except to the extent the WCP conflicts with the VRA and “one-person, one-vote” principles, Stephenson I, 355 N.C. at 381, 562 S.E.2d at 396. The importance of counties in the redistricting process was discussed at length in Stephenson I, id. at 364-68, 562 S.E.2d at 385-88, in which we noted the “long-standing tradition of respecting county lines during the redistricting process in this State,” id. at 366, 562 S.E.2d at 386. The U.S. Supreme Court acknowledges the importance of “ ‘traditional districting principles such as maintaining communities of interest and traditional boundaries’ ” in redistricting. Abrams v. Johnson, 521 U.S. 74, 92, 138 L. Ed. 2d 285, 303 (1997) (quoting Bush v. Vera, 517 U.S. 952, 977, 135 L. Ed. 2d 248, 269 (1996) (plurality)); see also Stephenson I, 355 N.C. at 381, 562 S.E.2d at 396 (“ [Operation of federal law does not preclude states from recognizing traditional political subdivisions when drawing their legislative districts.”). Thus, the General Assembly must comply with the WCP to the “maximum extent possible,” consistent with federal law. Stephenson I, 355 N.C. at 374, 562 S.E.2d at 391.
Stephenson I established nine requirements for a valid redistricting plan, several of which are relevant to House District 18:
[ 3. ] In counties having a 2000 census population sufficient to support the formation of one non-VRA legislative district. . ., the WCP requires that the physical boundaries of any,such non-VRA legislative district not cross or traverse the exterior geographic line of any such county.
*508 [ 4. ] When two or more non-VRA legislative districts may be created within a single county, . . . single-member non-VRA districts shall be formed within said county. Such non-VRA districts shall be compact and shall not traverse the exterior geographic boundary of any such county.
[ 5. ] In counties having a non-VRA population pool which cannot support at least one legislative district ... or, alternatively, counties having a non-VRA population pool which, if divided into districts, would not comply with the ... “one-person, one-vote” standard, the requirements of the WCP are met by combining or grouping the minimum number of whple, contiguous counties necessary to comply with the at or within plus or minus five percent “one-person, one-vote” standard. Within any such contiguous multi-county grouping, compact districts shall be formed, consistent with the at or within plus or minus five percent standard, whose boundary lines do not cross or traverse the “exterior” line of the multi-county grouping; provided, however, that the resulting interior county lines created by any such groupings may be crossed or traversed in the creation of districts within said multi-county grouping but only to the' extent necessary to comply with the at or within plus or minus five percent “one-person, one-vote” standard.
[ 6. ] The intent underlying the WCP must be enforced to the maximum extent possible;' thus, only the smallest number of counties necessary to comply with the at or within plus or minus five percent “one-person, one-vote” standard shall be combined[.]
[ 7. ] . . . [Communities of interest should be considered in the formation of compact and contiguous electoral districts.
Stephenson II, 357 N.C. at 306-07, 582 S.E.2d at 250 (emphasis omitted) (quoting and numbering the Stephenson I factors, 355 N.C. at 383-84, 562 S.E.2d at 396-98 (alterations in original)).
The General Assembly created House District 18, the only legislative district specifically at issue in this appeal, with the intention of complying with the requirements of Section 2 and thus with the belief that the district was exempt from the WCP and Stephenson I requirements. However, as explained above, the configuration of House District 18 is not required by Section 2, and thus the VRA neither controls the formation of that district nor supercedes our State
Pursuant to N.C.G.S. § 120-2.3 (2005), any judicial opinion which declares a redistricting plan “unconstitutional or otherwise invalid, in whole or in part and for any reason” must “identify every defect found by the court, both as to the plan as a whole and as to individual districts.” Although the language of § 120-2.3 appears to be directed to trial courts that make findings of fact and conclusions of law, we acknowledge the General Assembly’s need to know with specificity how a defective district fails to meet constitutional and statutory standards. Accordingly, we follow the statute’s directive.
From the information provided by the parties in the record before us, it appears New Hanover County has a total population large enough to form two or more non-VRA legislative districts that need “not traverse the exterior geographic boundary” of the county, which would satisfy the fourth requirement of Stephenson I. Stephenson I, 355 N.C. at 383, 562 S.E.2d at 397. Pender County, in contrast, lacks sufficient population to support a non-VRA House district. Therefore, to comply with the fifth Stephenson I requirement, a voting district that includes Pender County must add population across a county line, but “only to the extent necessary to comply with the at or within plus or minus five percent ‘one-person, one-vote’ standard.” Id. at 384, 562 S.E.2d at 397. In following the sixth Stephenson I requirement, the districts, within these counties must all comply with the WCP “to the maximum extent possible,” and “only the smallest number of counties necessary to comply with the . . . ‘one-person, one-vote’ standard shall be combined.” Id.
As a remedy, plaintiffs contend two House districts should be drawn in New Hanover County and one House district should be drawn comprising all of Pender County and a portion of New Hanover County. This Court declines, however, to specify the exact configuration of House District 18 or the configuration of House districts in Pender and New Hanover counties generally. “[R]edistricting is a legislative responsibility, [and] N.C.G.S. §§ 120-2.3 and 120-2.4 give the General Assembly a first, limited opportunity to correct plans that the courts have determined are flawed.” Stephenson v. Bartlett, 358 N.C. 219, 230, 595 S.E.2d 112, 119 (2004) (Stephenson III). “Not only do these statutes allow the General Assembly to exercise its proper responsibilities, they decrease the risk that the courts will encroach upon the responsibilities of the legislative branch.” Id.
Since House District 18 fails to comply with the WCP and Stephenson I requirements, it must be redrawn. We leave to the General Assembly the decision whether House District 18 should be redrawn as a non-VRA district, or whether it should be redrawn to meet the numerical majority requirement to satisfy the first Gingles precondition.
We are cognizant that the General Assembly will need time to redistrict not only House District 18 but also other legislative districts directly and indirectly affected by this opinion. The North Carolina General Assembly is now in recess and is not scheduled to reconvene until 13 May 2008, after the closing of the period for filing for elective office in 2008. We also realize that candidates have been preparing for the 2008 election in reliance upon the districts as presently drawn. Accordingly, to minimize disruption to the ongoing election cycle, the remedy explained above shall be stayed until after the 2008 election. See Reynolds v. Sims, 377 U.S. 533, 585, 12 L. Ed. 2d 506, 551 (1964) (“In awarding or withholding immediate relief [in an apportionment case], a court is entitled to and should consider the proximity of a forthcoming election and the mechanics and complexities of state election laws, and should act and rely upon general equitable principles. With respect to the timing of relief, a court can reasonably endeavor to avoid a disruption of the election process which might result from requiring precipitate changes that could make unreasonable or embarrassing demands on a State in adjusting to the requirements of the court’s decree.”). At the conclusion of the 2008 election, House District 18 and other impacted districts must be redrawn. All redistricting performed thereafter shall comply with this opinion.
. House District 16 also lies in Pender County, and perforce is affected by our holding today. However, we shall follow the lead of the parties and the three-judge panel and focus solely on House District 18.
. Despite the holding in Negrón, a later Eleventh Circuit case purports in a footnote to “leave open the question of whether a section 2 plaintiff can pursue a ‘coalition’ or ‘crossover’ dilution claim.” Dillard v. Baldwin County Comm’rs, 376 F.3d 1260, 1269 n.7 (11th Cir. 2004). We note without further comment an Eleventh Circuit “absolute rule that a prior decision of the circuit (panel or en banc) [cannot] be overruled by a panel but only by the court sitting en banc.” Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (enbanc); accord Va. Props., Inc. v. Home Ins. Co., 74 F.3d 1131, 1132 n.2 (11th Cir. 1996) (citing Bonner and other authority).