Case: Disability Rights NC v. North Carolina Board of Elections

5:21-cv-00361 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Sept. 9, 2021

Closed Date: Nov. 4, 2022

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Case Summary

On September 9, 2021, Disability Rights North Carolina (DRNC) (the North Carolina protection and advocacy system) brought suit, as organizational plaintiff, against the North Carolina State Board of Elections to challenge state laws that 1) prohibited voters with disabilities living in congregate settings such as clinics, hospitals, and nursing homes from relying on persons associated with those facilities for assistance with any of the steps required to vote absentee, including requesting, completing, and returning absentee ballots; and 2) limited who can assist any voter to request and return an absentee ballot to a near relative or legal guardian. The case was filed in federal district court in the Eastern District of North Carolina, raising claims under Section 208 of the Voting Rights Act and the Supremacy Clause. Judge Terrence W. Boyle was assigned to this case.

Defendants filed a motion to dismiss, and on May 4, 2022, the court denied defendants’ motion and found that plaintiff had plausibly stated a claim that the North Carolina provisions conflicted with federal law. Disability Rts. N. Carolina v. N. Carolina State Bd. of Elections, 602 F. Supp. 3d 872 (E.D.N.C. 2022).

On June 15, 2022, defendant filed a motion for summary judgment. On July 10, 2022, the court granted the motion for summary judgment. Disability Rts. N. Carolina v. N. Carolina State Bd. of Elections, No. 5:21-CV-361-BO, 2022 WL 2678884 (E.D.N.C. July 11, 2022). The court found that all voters with disabilities in North Carolina are constituents of DRNC and accordingly, granted associational and organizational standing to DRNC. The court found that the state laws at issue conflicted with and were therefore preempted by Section 208, and enjoined enforcement of the laws noting that “[t]he purpose [of Section 208] was to create a guaranteed right to the voting process that could not be narrowed or limited by state legislation.” 2022 WL 2678884 *4.

The parties entered into an unreported settlement on attorney fees on November 4, 2022 and the case was closed.

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Summary Authors

NDRN (9/4/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60372751/parties/disability-rights-nc-v-north-carolina-board-of-elections/

Judge(s)

Boyle, Terrence William (North Carolina)

Attorney for Plaintiff

Grafstein, Lisa (North Carolina)

Stiles, Holly Anne (North Carolina)

Attorney for Defendant

Steed, Terence (North Carolina)

Judge(s)

Boyle, Terrence William (North Carolina)

Attorney for Plaintiff

Grafstein, Lisa (North Carolina)

Stiles, Holly Anne (North Carolina)

Attorney for Defendant

Steed, Terence (North Carolina)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 5:21-cv-00361	Complaint Disability Rights North Carolina v. North Carolina Board of Elections	Sept. 9, 2021	Sept. 9, 2021 Complaint
29 5:21-cv-00361	Order Disability Rights North Carolina v. North Carolina Board of Elections	May 4, 2022	May 4, 2022 Order/Opinion 602 F.Supp.3d 872
39 5:21-cv-00361	Order Disability Rights North Carolina v. North Carolina Board of Elections	July 11, 2022	July 11, 2022 Order/Opinion 2022 WL 2678884
45 5:21-cv-00361	Notice of Settlement Disability Rights North Carolina v. North Carolina Board of Elections	Nov. 4, 2022	Nov. 4, 2022 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/60372751/disability-rights-nc-v-north-carolina-board-of-elections/

Last updated Aug. 10, 2025, 12:54 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT L65 5:21-cv-361 against All Defendants ( Filing fee $ 402 receipt number 0417-6222766.), filed by Disability Rights NC. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Proposed Summons Summons for North Carolina State Board of Elections, # 3 Proposed Summons Summons For D. Circosta, # 4 Proposed Summons Summons for J. Cameron, # 5 Proposed Summons Summons for K.B. Bell, # 6 Proposed Summons Summons for S. Anderson, # 7 Proposed Summons Summons for S. Eggers, # 8 Proposed Summons Summons for T. Tucker) (Grafstein, Lisa) (Entered: 09/09/2021) 1 Civil Cover Sheet Civil Cover Sheet View on PACER 2 Proposed Summons Summons for North Carolina State Board of Elections View on PACER 3 Proposed Summons Summons For D. Circosta View on PACER 4 Proposed Summons Summons for J. Cameron View on PACER 5 Proposed Summons Summons for K.B. Bell View on PACER 6 Proposed Summons Summons for S. Anderson View on PACER 7 Proposed Summons Summons for S. Eggers View on PACER 8 Proposed Summons Summons for T. Tucker View on PACER	Sept. 9, 2021	Sept. 9, 2021 Clearinghouse
2	Notice of Appearance filed by Lisa Grafstein on behalf of Disability Rights NC. (Grafstein, Lisa) (Entered: 09/09/2021)	Sept. 9, 2021	Sept. 9, 2021 PACER
3	Financial Disclosure Statement by Disability Rights NC (Grafstein, Lisa) (Entered: 09/09/2021)	Sept. 9, 2021	Sept. 9, 2021 PACER
	Notice to Counsel - Counsel is reminded that when adding parties at case opening not to use all caps for names or party text information. (Rudd, D.)	Sept. 9, 2021	Sept. 9, 2021 PACER
	Notice to Counsel - All Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.)	Sept. 9, 2021	Sept. 9, 2021 PACER
	Notice to Counsel	Sept. 9, 2021	Sept. 9, 2021 PACER
4	Notice of Appearance filed by Holly Anne Stiles on behalf of Disability Rights NC. (Stiles, Holly) (Entered: 09/10/2021)	Sept. 10, 2021	Sept. 10, 2021 PACER
5	Summonses Issued as to Stella Anderson, Karen Brinson Bell, Jeff Carmon, III, Damon Circosta, Stacy Eggers, IV, North Carolina Board of Elections, Tommy Tucker. (NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.) (Sellers, N.) (Entered: 09/10/2021)	Sept. 10, 2021	Sept. 10, 2021 PACER
6	Affidavit of Service for Complaint, Summonses, Notices of Appearance, Corporate Disclosure filed by Disability Rights NC served on Defendants on 9/10/21. (Grafstein, Lisa) (Entered: 09/10/2021)	Sept. 10, 2021	Sept. 10, 2021 PACER
7	Notice of Appearance	Sept. 28, 2021	Sept. 28, 2021 PACER
8	Financial Disclosure Statement	Sept. 28, 2021	Sept. 28, 2021 PACER
9	Financial Disclosure Statement	Sept. 28, 2021	Sept. 28, 2021 PACER
10	Financial Disclosure Statement	Sept. 28, 2021	Sept. 28, 2021 PACER
11	Financial Disclosure Statement	Sept. 28, 2021	Sept. 28, 2021 PACER
12	Financial Disclosure Statement	Sept. 28, 2021	Sept. 28, 2021 PACER
13	Financial Disclosure Statement	Sept. 28, 2021	Sept. 28, 2021 PACER
14	Financial Disclosure Statement	Sept. 28, 2021	Sept. 28, 2021 PACER
15	Financial Disclosure Statement	Sept. 28, 2021	Sept. 28, 2021 PACER
16	Extension of Time to File Answer	Oct. 1, 2021	Oct. 1, 2021 PACER
	Motion Referred to Clerk	Oct. 1, 2021	Oct. 1, 2021 PACER
	Order on Motion for Extension of Time to Answer	Oct. 1, 2021	Oct. 1, 2021 PACER
	Case Selected for Mediation	Oct. 14, 2021	Oct. 14, 2021 PACER
17	Dismiss for Failure to State a Claim	Nov. 2, 2021	Nov. 2, 2021 PACER
18	Memorandum in Support	Nov. 2, 2021	Nov. 2, 2021 PACER
	Reminder to Counsel - Judge Boyle	Nov. 2, 2021	Nov. 2, 2021 PACER
19	Order for Discovery Plan	Nov. 2, 2021	Nov. 2, 2021 PACER
20	Extension of Time to File Response/Reply	Nov. 15, 2021	Nov. 15, 2021 PACER
	Motion Referred to Clerk	Nov. 15, 2021	Nov. 15, 2021 PACER
	Order on Motion for Extension of Time to File Response/Reply	Nov. 16, 2021	Nov. 16, 2021 PACER
21	Response in Opposition to Motion	Dec. 6, 2021	Dec. 6, 2021 PACER
22	Rule 26(f) Report (joint)	Dec. 7, 2021	Dec. 7, 2021 PACER
	Remark	Dec. 7, 2021	Dec. 7, 2021 PACER
23	Scheduling Order	Dec. 13, 2021	Dec. 13, 2021 PACER
	Notice to Counsel - Selection of Mediator	Dec. 13, 2021	Dec. 13, 2021 PACER
24	Reply to Response to Motion	Dec. 20, 2021	Dec. 20, 2021 PACER
25	Selection of Mediator	Dec. 23, 2021	Dec. 23, 2021 PACER
26	Order Appointing Mediator	Dec. 27, 2021	Dec. 27, 2021 PACER
	Motion Submitted	Dec. 28, 2021	Dec. 28, 2021 PACER
27	Expedite	April 26, 2022	April 26, 2022 PACER
	Motion Submitted	April 26, 2022	April 26, 2022 PACER
28	Order on Motion to Expedite	April 29, 2022	April 29, 2022 PACER
29	ORDER denying 17 Motion to Dismiss for Failure to State a Claim. Signed by District Judge Terrence W. Boyle on 5/4/2022. (Stouch, L.)	May 4, 2022	May 4, 2022 Clearinghouse
30	Miscellaneous Relief	May 19, 2022	May 19, 2022 PACER
31	Answer to Complaint	May 20, 2022	May 20, 2022 PACER
	Motion Submitted	May 24, 2022	May 24, 2022 PACER
32	Order on Motion for Miscellaneous Relief	May 25, 2022	May 25, 2022 PACER
33	Summary Judgment	June 15, 2022	June 15, 2022 PACER
34	Memorandum in Support	June 15, 2022	June 15, 2022 PACER
35	Response in Opposition to Motion	June 24, 2022	June 24, 2022 PACER
36	Statement of Material Facts	June 24, 2022	June 24, 2022 PACER
37	Reply to Response to Motion	June 30, 2022	June 30, 2022 PACER
38	Expedite	July 1, 2022	July 1, 2022 PACER
	Motion Submitted	July 5, 2022	July 5, 2022 PACER
	Motion Submitted	July 7, 2022	July 7, 2022 PACER
39	ORDER granting 33 Motion for Summary Judgment; granting 38 Motion to Expedite. Signed by District Judge Terrence W. Boyle on 7/10/2022. (Stouch, L.) (Entered: 07/11/2022)	July 11, 2022	July 11, 2022 RECAP
40	JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED that plaintiff's motion for summary judgement [DE 33) is GRANTED. The parties' motion to expedite consideration [DE 38] is GRANTED. N.C. Gen. Stat. §§ 163-226.3, 230.1, 230.2, 230.3, and 163- 23 l(b)(l), as applied to voters with disabilities who need assistance with voting, conflict with federal law and are preempted by the Voting Rights Act. Defendants are enjoined from enforcing such provisions against voters with disabilities in North Carolina. Signed by deputy clerk for Peter A. Moore, Jr., Clerk of Court on 7/11/2022. (Stouch, L.) (Entered: 07/11/2022)	July 11, 2022	July 11, 2022 PACER
41	MOTION for Extension of Time to file Motion for Attorneys' Fees and Costs filed by Disability Rights NC. (Attachments: # 1 Text of Proposed Order) (Grafstein, Lisa) (Entered: 07/18/2022)	July 18, 2022	July 18, 2022 PACER
	Motion Submitted to District Judge Terrence W. Boyle regarding 41 MOTION for Extension of Time to file Motion for Attorneys' Fees and Costs. (Stouch, L.)	July 20, 2022	July 20, 2022 PACER
	Motion Submitted	July 20, 2022	July 20, 2022 PACER
42	ORDER granting 41 Motion for Extension of Time to file Motion for Attorneys' Fees and Costs. Signed by District Judge Terrence W. Boyle on 7/22/2022. (Stouch, L.) (Entered: 07/25/2022)	July 25, 2022	July 25, 2022 PACER
43	Consent MOTION for Extension of Time to file Motion for Attorney's Fees and Costs filed by Disability Rights NC. (Attachments: # 1 Text of Proposed Order) (Stiles, Holly) (Entered: 10/11/2022)	Oct. 11, 2022	Oct. 11, 2022 PACER
	Motion Submitted to District Judge Terrence W. Boyle regarding 43 Consent MOTION for Extension of Time to file Motion for Attorney's Fees and Costs. (Stouch, L.)	Oct. 24, 2022	Oct. 24, 2022 PACER
	Motion Submitted	Oct. 24, 2022	Oct. 24, 2022 PACER
44	ORDER granting 43 Motion for Extension of Time to file Motion for Attorney's Fees and Costs. Signed by District Judge Terrence W. Boyle on 10/27/2022. (Reznick, Debra) (Entered: 10/28/2022)	Oct. 28, 2022	Oct. 28, 2022 PACER
45	NOTICE of Settlement by Disability Rights NC (Grafstein, Lisa) (Entered: 11/04/2022)	Nov. 4, 2022	Nov. 4, 2022 RECAP