Case: Taliaferro v. North Carolina State Board of Elections

5:20-cv-00411 | U.S. District Court for the Eastern District of North Carolina

Filed Date: July 27, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

On July 27, 2020, disability organizations filed a lawsuit against the North Carolina State Board of Elections (NCSBOE) for excluding North Carolinians with disabilities from their Absentee Voting program. The lawsuit alleged that voters who were unable to independently and privately mark a paper ballot due to vision disabilities were being discriminated against in violation of Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973. The lawsuit was fil…

On July 27, 2020, disability organizations filed a lawsuit against the North Carolina State Board of Elections (NCSBOE) for excluding North Carolinians with disabilities from their Absentee Voting program. The lawsuit alleged that voters who were unable to independently and privately mark a paper ballot due to vision disabilities were being discriminated against in violation of Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973. The lawsuit was filed in the U.S. District Court for the Eastern District of North Carolina by a coalition of groups including Disability Rights Advocates, Disability Rights North Carolina, the North Carolina Council of the Blind, the Governor Morehead School Alumni Association, Inc., and several individual North Carolina voters with disabilities. Plaintiffs sought injunctive relief only. Chief Judge Terrence W. Boyle presided.

On September 24, 2020, the court granted plaintiffs’ motion for a preliminary injunction, ordering defendant NCSBOE to make its Absentee Voting Program accessible to voters with disabilities for the November 2020 election. 489 F.Supp.3d 433. Judge Boyle’s ruling ordered the NCSBOE to allow voters with vision disabilities to opt into the already accessible electronic platform used by North Carolina’s military and overseas voters. This included accessible electronic means for requesting, receiving, marking, and returning absentee ballots. The preliminary injunction only applied to the November 2020 election.

On June 15, 2021, the court issued a permanent injunction, ordering the NCSBOE to take immediate steps to ensure that blind voters would have equal access to the 2021 municipal elections and all subsequent elections, finding that North Carolina denied blind voters the opportunity to cast an absentee ballot privately and independently in violation of the Americans with Disabilities Act and the Rehabilitation Act. The Court directed the court to enter judgment and close the case, but retained jurisdiction over the case for enforcement purposes through the 2024 presidential election to ensure compliance.  

Summary Authors

NDRN (7/28/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17383483/parties/taliaferro-v-north-carolina-state-board-of-elections/


Judge(s)

Boyle, Terrence William (North Carolina)

Attorney for Plaintiff

Bichell, Rosa Lee (North Carolina)

Brandt-Young, Christina L. (North Carolina)

Grafstein, Lisa (North Carolina)

Attorney for Defendant

Peters, Alexander McClure (North Carolina)

Documents in the Clearinghouse

Documents in this case
1

5:20-cv-00411

Complaint for Injunctive and Declaratory Relief

July 27, 2020

July 27, 2020

Complaint
25

5:20-cv-00411

Memorandum of Law in Support of Plaintiffs’ Motion for Preliminary Injunction

Aug. 12, 2020

Aug. 12, 2020

Pleading / Motion / Brief
26

5:20-cv-00411

Motion for Preliminary Injunction

Aug. 13, 2020

Aug. 13, 2020

Pleading / Motion / Brief
27

5:20-cv-00411

Memorandum of Law in Support of Plaintiffs’ Motion for Preliminary Injunction

Aug. 13, 2020

Aug. 13, 2020

Pleading / Motion / Brief
41

5:20-cv-00411

Order

Sept. 24, 2020

Sept. 24, 2020

Order/Opinion

489 F.Supp.3d 433

46

5:20-cv-00411

Order Granting Stay

Nov. 23, 2020

Nov. 23, 2020

Order/Opinion
48

5:20-cv-00411

Joint Motion for Continued Stay Pending Resolution of all Claims

Jan. 20, 2021

Jan. 20, 2021

Pleading / Motion / Brief
49

5:20-cv-00411

Order

Jan. 27, 2021

Jan. 27, 2021

Order/Opinion
56

5:20-cv-00411

Memorandum of Law in Support of Plaintiffs' Motion for Judgment on the Pleadings

May 13, 2021

May 13, 2021

Pleading / Motion / Brief
57

5:20-cv-00411

Plaintiffs' Motion for Judgment on the Pleadings

May 18, 2021

May 18, 2021

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17383483/taliaferro-v-north-carolina-state-board-of-elections/

Last updated Aug. 28, 2026, 5:02 a.m.

Docket for: Taliaferro v. North Carolina State Board of Elections
ECF Number Date Description Link
1 July 27, 2020

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0417-5536977.), filed by GOVERNOR MOREHEAD SCHOOL ALUMNI ASSOCIATION, INC., KENDALL GIBBS, DISABILITY RIGHTS NC, KENNETH DURDEN, RICKY SCOTT, HELEN JO TALIAFERRO, NORTH CAROLINA COUNCIL OF THE BLIND, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons, # 5 Proposed Summons, # 6 Proposed Summons, # 7 Proposed Summons, # 8 Proposed Summons) (Stiles, Holly) (Entered: 07/27/2020)

Clearinghouse
2 July 27, 2020

Notice of Appearance filed by Holly Anne Stiles on behalf of All Plaintiffs. (Stiles, Holly) (Entered: 07/27/2020)

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3 July 27, 2020

Financial Disclosure Statement by HELEN JO TALIAFERRO (Stiles, Holly) (Entered: 07/27/2020)

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4 July 27, 2020

Financial Disclosure Statement by KENNETH DURDEN (Stiles, Holly) (Entered: 07/27/2020)

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5 July 27, 2020

Financial Disclosure Statement by RICKY SCOTT (Stiles, Holly) (Entered: 07/27/2020)

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6 July 27, 2020

Financial Disclosure Statement by KENDALL GIBBS (Stiles, Holly) (Entered: 07/27/2020)

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7 July 27, 2020

Financial Disclosure Statement by NORTH CAROLINA COUNCIL OF THE BLIND, INC. (Stiles, Holly) (Entered: 07/27/2020)

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8 July 27, 2020

Financial Disclosure Statement by GOVERNOR MOREHEAD SCHOOL ALUMNI ASSOCIATION, INC. (Stiles, Holly) (Entered: 07/27/2020)

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9 July 27, 2020

Financial Disclosure Statement by DISABILITY RIGHTS NC (Stiles, Holly) (Entered: 07/27/2020)

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10 July 27, 2020

Notice of Appearance filed by Lisa Grafstein on behalf of All Plaintiffs. (Grafstein, Lisa) (Entered: 07/27/2020)

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11 July 31, 2020

Summons Issued as to All Defendants. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Stouch, L.) (Entered: 07/31/2020)

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12 July 31, 2020

Affidavit of Service for Summonses and Complaint, Civil Cover Sheet, Disclosure of Corporate Affiliations for all Plaintiffs, and Notices of Appearance (Stiles, Grafstein) filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro served on NORTH CAROLINA STATE BOARD OF ELECTIONS, KAREN BRINSON BELL, in her official capacity as Executive Director of the NCSBOE, DAMON CIRCOSTA, in his official capacity as Chair of the NCSBOE, STELLA ANDERSON, in her official capacity as Secretary of the NCSBOE, KEN RAYMOND, in his official capacity as Member of the NCSBOE, JEFF CARMON III, in his official capacity as Member of the NCSBOE, and DAVID C. BLACK, in his official capacity as Member of the NCSBOE on July 31, 2020. (Attachments: # 1 ACCEPTANCE OF SERVICE) (Stiles, Holly) (Entered: 07/31/2020)

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13 Aug. 4, 2020

Notice of Special Appearance for non-district by Stuart J. Seaborn on behalf of Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Seaborn, Stuart) (Entered: 08/04/2020)

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14 Aug. 4, 2020

Notice of Special Appearance for non-district by Rosa Lee V. Bichell on behalf of Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Bichell, Rosa Lee) (Entered: 08/04/2020)

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15 Aug. 4, 2020

Notice of Special Appearance for non-district by Christina L. Brandt-Young on behalf of Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Brandt-Young, Christina) (Entered: 08/04/2020)

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16 Aug. 10, 2020

Notice of Appearance filed by Alexander McClure Peters on behalf of Stella Anderson, Karen Brinson Bell, David C. Black, Jeff Carmon, III, Damon Circosta, North Carolina State Board of Elections, Ken Raymond. (Peters, Alexander) (Entered: 08/10/2020)

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17 Aug. 10, 2020

Financial Disclosure Statement by Stella Anderson (Peters, Alexander) (Entered: 08/10/2020)

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18 Aug. 10, 2020

Financial Disclosure Statement by Karen Brinson Bell (Peters, Alexander) (Entered: 08/10/2020)

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19 Aug. 10, 2020

Financial Disclosure Statement by David C. Black (Peters, Alexander) (Entered: 08/10/2020)

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20 Aug. 10, 2020

Financial Disclosure Statement by Jeff Carmon, III (Peters, Alexander) (Entered: 08/10/2020)

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21 Aug. 10, 2020

Financial Disclosure Statement by Damon Circosta (Peters, Alexander) (Entered: 08/10/2020)

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22 Aug. 10, 2020

Financial Disclosure Statement by North Carolina State Board of Elections (Peters, Alexander) (Entered: 08/10/2020)

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23 Aug. 10, 2020

Financial Disclosure Statement by Ken Raymond (Peters, Alexander) (Entered: 08/10/2020)

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24 Aug. 12, 2020

**Disregard: Counsel refiled corrected version at DE 26 ** MOTION for Preliminary Injunction filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Bichell, Rosa Lee) Modified on 8/19/2020 (Stouch, L.). (Entered: 08/12/2020)

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25 Aug. 12, 2020

**Disregard: Counsel refiled corrected version at DE 27 ** Memorandum in Support of Motion for Preliminary Injunction filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Attachments: # 1 Affidavit of Helen Jo Taliaferro, # 2 Affidavit of Kenneth Durden, # 3 Affidavit of Kendall Gibbs, # 4 Affidavit of Ricky Scott, # 5 Affidavit of Christopher Bell, # 6 Affidavit of Fred McEachern, # 7 Affidavit of Lou Ann Blake, # 8 Affidavit of Brian Keller, # 9 Exhibit A, # 10 Exhibit B, # 11 Exhibit C, # 12 Exhibit D) (Bichell, Rosa Lee) Modified on 8/19/2020 (Stouch, L.). (Entered: 08/12/2020)

1 Affidavit of Helen Jo Taliaferro

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2 Affidavit of Kenneth Durden

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3 Affidavit of Kendall Gibbs

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4 Affidavit of Ricky Scott

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5 Affidavit of Christopher Bell

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6 Affidavit of Fred McEachern

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7 Affidavit of Lou Ann Blake

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8 Affidavit of Brian Keller

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9 Exhibit A

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10 Exhibit B

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11 Exhibit C

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12 Exhibit D

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Clearinghouse
26 Aug. 13, 2020

MOTION for Preliminary Injunction filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Bichell, Rosa Lee) (Entered: 08/13/2020)

Clearinghouse
27 Aug. 13, 2020

Memorandum in Support of Motion for Preliminary Injunction filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Attachments: # 1 Index of Exhibits, # 2 Affidavit of Helen Jo Taliaferro, # 3 Affidavit of Kenneth Durden, # 4 Affidavit of Kendall Gibbs, # 5 Affidavit of Ricky Scott, # 6 Affidavit of Christopher Bell, # 7 Affidavit of Fred McEachern, # 8 Affidavit of Lou Ann Blake, # 9 Affidavit of Brian Keller, # 10 Exhibit A, # 11 Exhibit B, # 12 Exhibit C, # 13 Exhibit D) (Bichell, Rosa Lee) (Entered: 08/13/2020)

1 Index of Exhibits

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2 Affidavit of Helen Jo Taliaferro

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3 Affidavit of Kenneth Durden

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4 Affidavit of Kendall Gibbs

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5 Affidavit of Ricky Scott

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6 Affidavit of Christopher Bell

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7 Affidavit of Fred McEachern

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8 Affidavit of Lou Ann Blake

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9 Affidavit of Brian Keller

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10 Exhibit A

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11 Exhibit B

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12 Exhibit C

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13 Exhibit D

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Clearinghouse
Aug. 17, 2020

Reminder to Counsel - Judge Boyle

Aug. 17, 2020

REMINDER TO COUNSEL. Pursuant to Judge Boyle's Practice Preferences located on the court's website, counsel shall provide a courtesy copy of all documents over 20 pages, by mailing or delivering to the clerk's office in Raleigh. (Stouch, L.)

28 Aug. 18, 2020

First MOTION for Extension of Time to File Answer regarding 1 Complaint,, filed by Stella Anderson, Karen Brinson Bell, David C. Black, Jeff Carmon, III, Damon Circosta, North Carolina State Board of Elections, Ken Raymond. (Attachments: # 1 Text of Proposed Order) (Peters, Alexander) (Entered: 08/18/2020)

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Aug. 20, 2020

Motion Submitted

Aug. 20, 2020

Motion Submitted to Chief Judge Terrence W. Boyle regarding 28 First MOTION for Extension of Time to File Answer regarding 1 Complaint. (Stouch, L.)

29 Aug. 21, 2020

ORDER granting 28 Motion for Extension of Time to Answer regarding 1 Complaint. The State defendants shall answer or otherwise respond to the Complaint no later than 21 September 2020. Signed by Chief Judge Terrence W. Boyle on 8/20/2020. (Stouch, L.) (Entered: 08/21/2020)

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30 Sept. 1, 2020

First MOTION for Extension of Time to File Response/Reply as to 26 MOTION for Preliminary Injunction filed by Stella Anderson, Karen Brinson Bell, David C. Black, Jeff Carmon, III, Damon Circosta, North Carolina State Board of Elections, Ken Raymond. (Attachments: # 1 Text of Proposed Order) (Peters, Alexander) (Entered: 09/01/2020)

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Sept. 1, 2020

Motion Submitted

Sept. 1, 2020

Motion Submitted to Chief Judge Terrence W. Boyle regarding 30 First MOTION for Extension of Time to File Response as to 26 MOTION for Preliminary Injunction. (Stouch, L.)

31 Sept. 3, 2020

ORDER granting 30 Motion for Extension of Time to File Response regarding 26 MOTION for Preliminary Injunction. Response due by 9/8/2020. Signed by Chief Judge Terrence W. Boyle on 9/2/2020. (Stouch, L.) (Entered: 09/03/2020)

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32 Sept. 8, 2020

Memorandum in Opposition regarding 26 MOTION for Preliminary Injunction filed by Stella Anderson, Karen Brinson Bell, David C. Black, Jeff Carmon, III, Damon Circosta, North Carolina State Board of Elections, Ken Raymond. (Attachments: # 1 Exhibit Bell Declaration, # 2 Exhibit Macias Declaration) (Peters, Alexander) (Entered: 09/08/2020)

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33 Sept. 15, 2020

REPLY to Response to Motion regarding 26 MOTION for Preliminary Injunction filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Attachments: # 1 Index of Exhibits, # 2 Affidavit of Dr. Ted Selker, # 3 Exhibit A to Selker Declaration - UOCAVA Voter Registration and Absentee Ballot Request Screengrab, Exhibit B to Selker Declaration - Nielsen v. Desantis Declaration of Bryan Finney (Docket No. 230-3), Exhibit C - Photograph of Discarded Ballots, Exhibit D: Nielsen v. Desantis Declaration of Bryan Finney (Docket No. 351-1), # 4 Affidavit of Rosa Lee Bichell, # 5 Exhibit A to Declaration of Rosa Lee Bichell - Drenth v. Boockvar Motion to Supplement the Record, # 6 Exhibit B to Declaration of Rosa Lee Bichell - Gary v. Virginia Department of Elections Partial Consent Judgment and Decree, # 7 Affidavit of Valerie Yingling, # 8 Exhibit A to Declaration of Valerie Yingling - Letter Sent by NFB to North Carolina Secretary of State) (Bichell, Rosa Lee) (Entered: 09/15/2020)

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34 Sept. 18, 2020

Second MOTION for Extension of Time to File Answer regarding 1 Complaint,, filed by Stella Anderson, Karen Brinson Bell, David C. Black, Jeff Carmon, III, Damon Circosta, North Carolina State Board of Elections, Ken Raymond. (Attachments: # 1 Text of Proposed Order) (Peters, Alexander) (Entered: 09/18/2020)

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35 Sept. 18, 2020

Request for Courtroom Technology Exception filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Brandt-Young, Christina) (Entered: 09/18/2020)

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36 Sept. 18, 2020

Notice filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro regarding 26 MOTION for Preliminary Injunction Regarding Request for Expedited Hearing. (Seaborn, Stuart) (Entered: 09/18/2020)

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Sept. 18, 2020

Motion Submitted

Sept. 18, 2020

Motion Submitted to Chief Judge Terrence W. Boyle regarding 34 Second MOTION for Extension of Time to File Answer regarding 1 Complaint, 26 MOTION for Preliminary Injunction. (Stouch, L.)

37 Sept. 21, 2020

NOTICE of Hearing on Motion 26 MOTION for Preliminary Injunction: Motion Hearing set for 9/23/2020 at 01:30 PM in Raleigh - 7th Floor - Courtroom 2 before Chief Judge Terrence W. Boyle. The hearing will be conducted in person and videoconference appearances will be permitted. Contact the Clerks Office for instructions if counsel needs to appear via videoconference. (Stouch, L.) (Entered: 09/21/2020)

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38 Sept. 21, 2020

ORDER regarding Motion Hearing scheduled for Wednesday, September 23 and allowing 35 Request for Courtroom Technology Exception. All counsel who can attend the hearing without difficulty should do so, while any others may appear by video or teleco nference. Any party or witness who cannot attend in person without difficulty may also participate by video or teleconference. The parties are directed to contact the Clerk's Office to make arrangements for any video or teleconference appearance. Signed by Chief Judge Terrence W. Boyle on 9/21/2020. (Stouch, L.)

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39 Sept. 22, 2020

ORDER granting 34 Motion for Extension of Time to Answer regarding 1 Complaint. Defendants shall answer or otherwise respond to the Complaint no later than 21 October 2020. Signed by Chief Judge Terrence W. Boyle on 9/22/2020. (Stouch, L.) (Entered: 09/22/2020)

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Sept. 22, 2020

Motion Submitted

Sept. 22, 2020

Motion Submitted to Chief Judge Terrence W. Boyle regarding 34 Second MOTION for Extension of Time to File Answer regarding 1 Complaint. (Stouch, L.)

40 Sept. 23, 2020

Minute Entry for proceedings held in Raleigh, NC before Chief Judge Terrence W. Boyle: Motion Hearing held on 9/23/2020 regarding 26 MOTION for Preliminary Injunction. All parties present and ready to proceed. Oral argument held. A written order will follow. (Court Reporter Michelle McGirr) (Stouch, L.) (Entered: 09/23/2020)

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41 Sept. 24, 2020

ORDER granting 26 Motion for Preliminary Injunction. Defendants are hereby ORDERED to open the Democracy Live portal to plaintiffs and other blind voters as expeditiously as possible so that it may be utilized for the November 3, 2020 election. The bond requirement is WAIVED. Signed by Chief Judge Terrence W. Boyle on 9/24/2020. (Stouch, L.)

Clearinghouse
42 Oct. 20, 2020

Third MOTION for Extension of Time to File Answer regarding 1 Complaint,, filed by Stella Anderson, Karen Brinson Bell, David C. Black, Jeff Carmon, III, Damon Circosta, North Carolina State Board of Elections, Ken Raymond. (Attachments: # 1 Text of Proposed Order) (Steed, Terence) (Entered: 10/20/2020)

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Oct. 21, 2020

Motion Submitted to Chief Judge Terrence W. Boyle regarding 42 Third MOTION for Extension of Time to File Answer regarding 1 Complaint. (Stouch, L.)

Oct. 21, 2020

Motion Submitted

43 Oct. 27, 2020

ORDER granting 42 Motion for Extension of Time to Answer regarding 1 Complaint. All Defendants answer due 11/20/2020. Signed by Chief Judge Terrence W. Boyle on 10/26/2020. (Stouch, L.) (Entered: 10/27/2020)

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44 Nov. 19, 2020

Notice of Appearance filed by Terence Steed on behalf of Stella Anderson, Karen Brinson Bell, David C. Black, Jeff Carmon, III, Damon Circosta, North Carolina State Board of Elections, Ken Raymond. (Steed, Terence) (Entered: 11/19/2020)

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45 Nov. 19, 2020

Consent MOTION to Stay filed by Stella Anderson, Karen Brinson Bell, David C. Black, Jeff Carmon, III, Damon Circosta, North Carolina State Board of Elections, Ken Raymond. (Attachments: # 1 Text of Proposed Order) (Steed, Terence) (Entered: 11/19/2020)

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Nov. 20, 2020

Motion Submitted to Chief Judge Terrence W. Boyle regarding 45 Consent MOTION to Stay. (Stouch, L.)

Nov. 20, 2020

Motion Submitted

46 Nov. 23, 2020

ORDER granting 45 Motion to Stay. All proceedings in this matter are stayed for sixty days from the date of entry of this Order. To the extent that the matter is not yet resolved at that time, the parties shall file a joint status report with the Court within sixty days of the entry of this Order along with a motion to continue the stay. Signed by Chief Judge Terrence W. Boyle on 11/22/2020. (Stouch, L.) (Entered: 11/23/2020)

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47 Jan. 20, 2021

STATUS REPORT FILED JOINTLY BY THE PARTIES by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro (Stiles, Holly) (Entered: 01/20/2021)

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48 Jan. 20, 2021

Joint MOTION to Stay regarding 47 Status Report, filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Attachments: # 1 Text of Proposed Order) (Stiles, Holly) (Entered: 01/20/2021)

1 Text of Proposed Order

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Jan. 21, 2021

Motion Submitted to District Judge Terrence W. Boyle regarding 48 Joint MOTION to Stay regarding 47 Status Report. (Stouch, L.)

Jan. 21, 2021

Motion Submitted

49 Jan. 27, 2021

ORDER granting 48 Motion to Stay. All proceedings in this matter are stayed until March 15, 2021. To the extent that the matter is not yet resolved at that time, the Defendant shall file its Answer or otherwise respond to the Complaint. Signed by District Judge Terrence W. Boyle on 1/26/2021. (Stouch, L.) (Entered: 01/27/2021)

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50 Feb. 1, 2021

Notice filed by Stella Anderson, Karen Brinson Bell, David C. Black, Jeff Carmon, III, Damon Circosta, North Carolina State Board of Elections, Ken Raymond of Withdrawal of Counsel. (Steed, Terence) (Entered: 02/01/2021)

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51 March 14, 2021

Fourth MOTION for Extension of Time to File Answer regarding 1 Complaint,, filed by Stella Anderson, Karen Brinson Bell, David C. Black, Jeff Carmon, III, Damon Circosta, North Carolina State Board of Elections, Ken Raymond. (Attachments: # 1 Text of Proposed Order) (Steed, Terence) (Entered: 03/14/2021)

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March 16, 2021

Motion Submitted to District Judge Terrence W. Boyle regarding 51 Fourth MOTION for Extension of Time to File Answer regarding 1 Complaint. (Stouch, L.)

March 16, 2021

Motion Submitted

52 March 24, 2021

ORDER granting 51 Motion for Extension of Time to Answer regarding 1 Complaint. The defendants shall answer or otherwise respond to the Complaint no later than April 15, 2021. Signed by District Judge Terrence W. Boyle on 3/23/2021. (Stouch, L.) (Entered: 03/24/2021)

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53 April 15, 2021

ANSWER to 1 Complaint,, with Jury Demand by Stella Anderson, Karen Brinson Bell, David C. Black, Jeff Carmon, III, Damon Circosta, North Carolina State Board of Elections, Ken Raymond. (Steed, Terence) (Entered: 04/15/2021)

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54 May 4, 2021

ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 5/4/2021. (Stouch, L.) (Entered: 05/04/2021)

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55 May 13, 2021

***See DE 57 Motion which bears correct signature.*** MOTION for Judgment on the Pleadings filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Attachments: # 1 Text of Proposed Order Granting Plaintiffs' Motion for Judgment on the Pleadings) (Bichell, Rosa Lee) Modified on 5/24/2021 (Stouch, L.). (Entered: 05/13/2021)

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56 May 13, 2021

Memorandum in Support regarding 57 MOTION for Judgment on the Pleadings filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Bichell, Rosa Lee) Modified on 5/24/2021 (Stouch, L.). (Entered: 05/13/2021)

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57 May 18, 2021

Corrected MOTION for Judgment on the Pleadings filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Attachments: # 1 Text of Proposed Order Granting Plaintiffs' Motion for Judgment on the Pleadings) (Bichell, Rosa Lee) Modified on 5/24/2021 (Stouch, L.). (Entered: 05/18/2021)

1 Text of Proposed Order Granting Plaintiffs' Motion for Judgment on the Plea

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58 June 2, 2021

Joint MOTION to Expedite re Motion for Judgment on the Pleadings filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott. (Attachments: # 1 Text of Proposed Order) (Grafstein, Lisa) (Entered: 06/02/2021)

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59 June 2, 2021

Memorandum in Support regarding 58 Joint MOTION to Expedite re Motion for Judgment on the Pleadings filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Grafstein, Lisa) (Entered: 06/02/2021)

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60 June 3, 2021

RESPONSE to Motion regarding 57 MOTION for Judgment on the Pleadings filed by Stella Anderson, Karen Brinson Bell, Jeff Carmon, III, Damon Circosta, North Carolina State Board of Elections. (Steed, Terence) (Entered: 06/03/2021)

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June 3, 2021

Motion Submitted to District Judge Terrence W. Boyle regarding 58 Joint MOTION to Expedite re Motion for Judgment on the Pleadings. (Stouch, L.)

June 3, 2021

Motion Submitted

61 June 8, 2021

ORDER granting 58 Motion to Expedite. The Court's May 4, 2021 Order for Discovery Plan is STAYED. In the event the Court denies Plaintiffs' Motion for Judgment on the Pleadings, the parties shall have fourteen (14) days from the date of entry of the Court's ruling to conduct their Rule 26(f) conference. The parties shall thereafter submit their Discovery Plan to the Court within fourteen (14) days of their Rule 26(f) conference. Mandatory initial disclosures must be made within fourteen (14) days of the Rule 26(f) conference. Signed by District Judge Terrence W. Boyle on 6/7/2021. (Stouch, L.) (Entered: 06/08/2021)

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June 9, 2021

Motion Submitted to District Judge Terrence W. Boyle regarding 57 MOTION for Judgment on the Pleadings. (Stouch, L.)

June 9, 2021

Motion Submitted

62 June 15, 2021

ORDER granting 57 Motion for Judgment on the Pleadings. Signed by District Judge Terrence W. Boyle on 6/15/2021. Counsel should read the order in its entirety for critical deadlines and information. (Stouch, L.) (Entered: 06/15/2021)

Clearinghouse
63 June 15, 2021

JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED Plaintiffs' Corrected Motion for Judgment on the Pleadings (DE 57) is GRANTED. This case is closed. Signed by Peter A. Moore, Jr., Clerk of Court on 6/15/2021. (Stouch, L.) (Entered: 06/15/2021)

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64 Aug. 22, 2021

STATUS REPORT by Stella Anderson, Karen Brinson Bell, Jeff Carmon, III, Damon Circosta, North Carolina State Board of Elections (Attachments: # 1 Exhibit A - NCSBE Accessibility Policy for Alternative Formats) (Steed, Terence) (Entered: 08/22/2021)

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65 Sept. 8, 2021

MOTION for Extension of Time to File Motion for Attorneys' Fees and Costs filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Attachments: # 1 Text of Proposed Order) (Stiles, Holly) (Entered: 09/08/2021)

RECAP
Sept. 8, 2021

Motion Submitted to District Judge Terrence W. Boyle regarding 65 MOTION for Extension of Time to File Motion for Attorneys' Fees and Costs. (Sellers, N.)

Sept. 8, 2021

Motion Submitted

66 Sept. 9, 2021

ORDER granting 65 Motion for Extension of Time. Plaintiffs have until October 13, 2021 to file their motion for attorneys' fees and costs. Signed by District Judge Terrence W. Boyle on 9/9/2021. (Waddell, K.) (Entered: 09/09/2021)

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67 Oct. 11, 2021

MOTION for Extension of Time to File Motion for Attorneys' Fees and Costs filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Attachments: # 1 Text of Proposed Order) (Stiles, Holly) (Entered: 10/11/2021)

RECAP
Oct. 12, 2021

Motion Submitted to District Judge Terrence W. Boyle regarding 67 MOTION for Extension of Time to File Motion for Attorneys' Fees and Costs. (Sellers, N.)

Oct. 12, 2021

Motion Submitted

68 Oct. 18, 2021

ORDER granting 67 Motion for Extension of Time. Plaintiffs have until November 12, 2021 to file their motion for attorneys' fees and costs. Signed by District Judge Terrence W. Boyle on 10/18/2021. (Sellers, N.) (Entered: 10/18/2021)

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69 Oct. 27, 2021

Third MOTION for Extension of Time to File Motion for Attorneys' Fees and Costs filed by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro. (Attachments: # 1 Text of Proposed Order) (Stiles, Holly) (Entered: 10/27/2021)

RECAP
Oct. 28, 2021

Motion Submitted to District Judge Terrence W. Boyle regarding 69 Third MOTION for Extension of Time to File Motion for Attorneys' Fees and Costs. (Sellers, N.)

Oct. 28, 2021

Motion Submitted

70 Nov. 3, 2021

ORDER granting 69 Motion for Extension of Time. Plaintiffs have until December 10, 2021 to file their motion for attorneys' fees and costs. Signed by District Judge Terrence W. Boyle on 11/2/2021. (Stouch, L.) (Entered: 11/03/2021)

RECAP
71 Dec. 15, 2021

NOTICE of Settlement of Attorneys' Fees and Costs by Disability Rights NC, Kenneth Durden, Kendall Gibbs, Governor Morehead School Alumni Association, Inc., North Carolina Council of the Blind, Inc., Ricky Scott, Helen Jo Taliaferro (Stiles, Holly) (Entered: 12/15/2021)

RECAP
72 Jan. 31, 2022

STATUS REPORT by Stella Anderson, Karen Brinson Bell, Jeff Carmon, III, Damon Circosta, North Carolina State Board of Elections (Steed, Terence) (Entered: 01/31/2022)

RECAP

Case Details

State / Territory:

North Carolina

Case Type(s):

Disability Rights

Election/Voting Rights

Key Dates

Filing Date: July 27, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

individual blind voters and organizational plaintiffs, including protection and advocacy system

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

North Carolina State Board of Elections

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Other Dockets:

Eastern District of North Carolina 5:20-cv-00411

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Voting Process Changes

Issues

Disability and Disability Rights:

P&A Associational Standing

Visual impairment

Voting:

Voting: General & Misc.

Voting: Physical/Effective Access

Recommended Citation