Written by: Sam Garrett
BOONE, NC – Common Cause North Caolina, Watauga County Voting Rights Taskforce and a group of citizens, including former members of the Watauga County Board of Commissioners, filed a lawsuit in federal court challenging state lawmakers’ changes to Watauga County voting maps. The lawsuit alleges that republican lawmakers, lead by state Senator Ralph Hise of Mitchell County, gerrymandered voting maps for Watauga County commissioners and Watauga County Board of Education.
Ray Russell is a co-plaintiff and former Watauga County commissioner.
“Watauga County residents voted to adopt fair districts while rejecting the gerrymandered maps imposed on us by the legislature,” Russell said. “We’re filing this lawsuit to protect our mountain community against the unconstitutional overreach by politicians in Raleigh.”
Cathy Williamson is a Watauga County resident who serves as a state advisory board member for Common Cause North Carolina. She explained the lawsuit’s broader purpose.
“We’re speaking up for our fellow Watauga County voters and for all North Carolinians,” Williamson said. “If the legislature’s illegal actions are allowed to stand, it could open the door for self-serving politicians to disenfranchise voters from the Appalachian Mountains to the Albemarle Sound. We can’t let that happen.”
Common Cause is publicly communicating its view that lawmakers in Raleigh have broken the law.
“We’re proud to stand with the people of Watauga County as they stand up to protect their freedom to vote against the legislature’s unconstitutional actions,” Common Cause North Carolina Executive Director Bob Phillips said.
Senator Hise posed legislation that passed in 2023 which dictated changes to the Watauga County Board of Commissioners’ elections’ structure. A separate bill sponsored by Hise required the Watauga County Board of Education to use those same districts. According to Common Cause, this undermines fair elections for residents.
In 2024, the Watauga County Board of Commissioners’ democrat-controlled majority responded to the change by voting to place a referendum on the 2024 ballot at the same time the vote took place to give control to the republicans. This referendum would allow local voters to choose what Common Cause calls “fair, and locally drawn voting maps.” The referendum passed with 71% of Watauga County voters choosing to adopt the new election structure.
According to Common Cause, Hise and his GOP colleagues “lashed out” at Watauga voters, taking the unprecedented action of pre-emptively blocking the referendum results and delaying implementation of the fair, voter-approved maps until 2034.
Former county commissioner and current candidate Charlie Wallin spoke during a recent gathering in Boone hosted for Chuck Hubbard.
“People asked me, ‘are you sure you want your name to be on the lawsuit?’ I say ‘yes,’ I am proud that my name is on the lawsuit,” Wallin said. “We filed with the federal courts … the NC Supreme Court is not going to help. They are for gerrymandering and for voter suppression; we had to go federal.”
Wallin went on to talk about how democrats previously proposed that an independent group draw districting lines.
“Years ago, we (the democrats) had the house and senate in North Carolina, we had the votes, and we had good voting districts,” Wallin said. “We never thought we would lose the control. Now, look what the Republicans did when they got power … we are working now to stop the gerrymandering.”
The plaintiffs in the case are Watauga County Voting Rights Task Force, Common Cause, Dr. Ray Russell, Larry Turnbow, Charlie Wallin, Dr. James Fenwick, Jr., Laurie Fleming, Patricia Dale and Kinney Ray Baughman.
The defendants in the case are Watauga County Board of Elections, Eric Eller, Terry Cirone, Pamela Huss Cline, Elaine Rothenberg and Leta Councill. Members of the board (Eller, Cirone, Cline, Rothenberg and Councill) are only being sued in their official capacities serving on the board of elections, not personally.
The lawsuit states the plaintiffs’ requests as follows:
- Award preliminary and permanent injunctive relief enjoining Defendants and their agents, officers, and employees from enforcing, implementing, or giving any effect to the reapportionment plans described in Senate Bill 759, Sec. 1 and Senate Bill 912, Sec. 1 in their entirety;
- Award preliminary and permanent injunctive relief enjoining Defendants and their agents, officers, and employees from enforcing, implementing, or giving any effect to the referendum ban described in Senate Bill 912, Sec. 2 in its entirety;
- Declare that the reapportionment plans described in Senate Bill 759, Sec. 1 and Senate Bill 912, Sec. 1 are unconstitutional because each violates the First and Fourteenth Amendments; Case 5:25-cv-00157 Document 1 Filed
- Declare that Senate Bill 912, Sec. 2 is unconstitutional because it violates the First and Fourteenth Amendments;
- Restore, for purposes of holding elections for the Watauga County Commission, the reapportionment plans approved by Watauga County voters in 2024;
- Make all further orders as are just, necessary, and proper to preserve Citizen Plaintiffs’ rights to participate equally in elections for the Watauga County Commission and School Board and to be equally represented by members of the County Commission and School Board;
- Award Plaintiffs their costs, disbursement, and reasonable attorneys’ fees incurred in bringing this action pursuant to 42 U.S.C. § 1988;
- Tax the costs of this action against Defendants; and
- Grant such other or further relief the Court deems appropriate.
Watauga County has until November 12 to respond to the lawsuit in federal court. No response has been issued to the courts as of the time of this article. High Country Press will continue to follow this case.
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