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State seeks emergency stay of redistricting ruling

State officials have asked the three-judge panel that late last week tossed Congressional Districts 1 and 12  as racial gerrymanders to stay their order requiring a new congressional redistricting plan by February 19, arguing that disrupting the primary elections already underway will lead to “significant voter confusion and irreparable harm to the citizens of North Carolina.”

They have asked the judges for a ruling today so that they can seek emergency relief from the U.S. Supreme Court if necessary and have also filed a notice of appeal of last week’s decision to the high court.

In an affidavit filed in support of the request, Board of Elections Executive Director Kim Strach noted that 46 congressional candidates are competing in the 2016 elections, including two in District 1 and five in District 12.

County election officials began issuing mail-in absentee ballots on January 25. According to state data those officials mailed 8,621 ballots to voters, 903 of whom are located outside the United States, and hundreds of those ballots have been voted and returned.

According to Strach, should the General Assembly redraw districts by the Feb. 19 deadline, election officials would need to late May to make necessary adjustments for the primary elections — well beyond the March 15 scheduled date.

Bifurcating the primary elections with congressional races held sometime in late May would add to early voting costs as well, Strach added.

In its final judgment on Friday, the judges also forbade state officials from conducting any elections for the U.S. Representative until a new plan is in place.

Since then though election officials have been encouraging absentee voters to keep voting and to cast the full ballot, including in House of Representative races — contending that the court’s order with respect to “conducting elections” was unclear.

“There are a lot of contingencies that we don’t want voters to have to filter through – in a district for example  that wouldn’t be affected by a redistricting effort,”  Board of Elections General Counsel Josh Lawson said.

“Our message was ‘vote it if it’s on your ballot,’ but the legal significance of that, whether or not we certify that, is still something that’s controlled by the courts,” he added.

“We’re trying to make sure that not everyone thinks that this jeopardizes participation, because it may not.”

Read the state’s papers here.

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