State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-267_1

Article 26A.

Three‑Judge Panelfor Redistricting Challenges.

§ 1‑267.1.  Three‑judgepanel for actions challenging plans apportioning or redistricting Statelegislative or congressional districts.

(a)        Any actionchallenging the validity of any act of the General Assembly that apportions orredistricts State legislative or congressional districts shall be filed in theSuperior Court of Wake County and shall be heard and determined by a three‑judgepanel of the Superior Court of Wake County organized as provided by subsection(b) of this section.

(b)        Whenever any personfiles in the Superior Court of Wake County any action challenging the validityof any act of the General Assembly that apportions or redistricts Statelegislative or congressional districts, a copy of the complaint shall be servedupon the senior resident superior court judge of Wake County, who shall be thepresiding judge of the three‑judge panel required by subsection (a) ofthis section. Upon receipt of that complaint, the senior resident superiorcourt judge of Wake County shall notify the Chief Justice, who shall appointtwo additional resident superior court judges to the three‑judge panel ofthe Superior Court of Wake County to hear and determine the action. Beforemaking those appointments, the Chief Justice shall consult with the NorthCarolina Conference of Superior Court Judges, which shall provide the ChiefJustice with a list of recommended appointments. To ensure that members of thethree‑judge panel are drawn from different regions of the State, theChief Justice shall appoint to the three‑judge panel one residentsuperior court judge from the First through Fourth Judicial Divisions and oneresident superior court judge from the Fifth through Eighth Judicial Divisions.In order to ensure fairness, to avoid the appearance of impropriety, and toavoid political bias, no member of the panel, including the senior residentsuperior court judge of Wake County, may be a former member of the GeneralAssembly. Should the senior resident superior court judge of Wake County bedisqualified or otherwise unable to serve on the three‑judge panel, theChief Justice shall appoint another resident superior court judge of WakeCounty as the presiding judge of the three‑judge panel. Should any othermember of the three‑judge panel be disqualified or otherwise unable toserve on the three‑judge panel, the Chief Justice shall appoint as areplacement another resident superior court judge from the same group ofjudicial divisions as the resident superior court judge being replaced.

(c)        No order orjudgment shall be entered affecting the validity of any act of the GeneralAssembly that apportions or redistricts State legislative or congressionaldistricts except by the three‑judge panel of the Superior Court of WakeCounty organized as provided by subsection (b) of this section. In the event ofdisagreement among the three resident superior court judges comprising thethree‑judge panel, then the opinion of the majority shall prevail. (2003‑434, 1st Ex.Sess., s. 7(a).)