Case: Wise v. North Carolina State Board of Election

5:20-cv-00505 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Sept. 26, 2020

Closed Date: Oct. 5, 2020

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Case Summary

This lawsuit challenged changes made to absentee voting procedures as a result of a state board of election’s consented judgment reached in a different lawsuit (NC Alliance for Retired Americans v. NC State Board of Elections). On September 26, 2020, four registered voters, two Republican members of the US House of Representatives, a reelection committee for Donald Trump, and national and state Republican Party committees filed this lawsuit in the United States District Court for the Eastern …

On September 26, 2020, four registered voters, two Republican members of the US House of Representatives, a reelection committee for Donald Trump, and national and state Republican Party committees filed this lawsuit in the United States District Court for the Eastern District of North Carolina. Plaintiffs sued the North Carolina State Board of Elections and the Board’s chair, secretary, a member, and executive director in their official capacities for violation of Article I, section 4; Article II, section 1; and the Fourth Amendment of the U.S. Constitution. Plaintiffs alleged absentee ballots were susceptible to fraud and the North Carolina General Assembly had the sole power to set the standards for absentee voting. The General Assembly had revised existing voting procedures for the 2020 election in response to the Coronavirus pandemic, including the absentee voting procedures. According to plaintiffs, the Consent Judgment unilaterally extended the dates by which absentee ballots must be postmarked and received; provided that a witness’s failure to comply with required procedures for completing the form can be cured; and provided an absentee ballot will not be disapproved solely based on who delivered it or because it was placed in a county board of election’s drop box. These changes allegedly violated the Constitution because only the General Assembly can set the requirements and procedures for absentee voting; impacted the manner in which North Carolina will appoint electors; cancelled or diluted individual plaintiffs’ votes by increasing the potential for fraudulent or illegal votes; and denied plaintiffs of equal protection by treating individuals who had already voted and complied with existing requirements differently.

Represented by private counsel, plaintiffs sought a declaration that the Consent Judgment (and three memoranda implementing it) violated the Constitution; preliminary and permanent injunctions prohibiting implementation and enforcement of the agreement; and costs and expenses. On the same day, plaintiffs filed a motion for temporary restraining order (“TRO”) seeking to enjoin implementation or enforcement of the Consent Judgment pending determination on the relief sought in their Complaint. The case was originally assigned to District Judge Richard E. Myers II, but reassigned on September 29, 2020 to District Judge James C. Dever III.

On September 28, 2020, defendants filed a motion to transfer venue to the United States District Court for the Middle District of North Carolina under the “first-filed rule” because the same issues were already addressed in a pending case (Democracy North Carolina v. NC State Board of Elections, 2020 U.S. Dist. LEXIS 138492 (Aug. 4, 2020)). On September 30, 2020, plaintiffs opposed the motion on the grounds that transfer was not permitted because the lawsuit could not have been brought in the Middle District and defendants had not overcome the strong presumption favoring plaintiffs’ choice of forum.

On October 2nd, the North Carolina Alliance for Retired Americans and several individual plaintiffs moved to intervene.

By Order dated October 3, 2020, the court granted the TRO, effective until no later than October 16, 2020, based on the Equal Protection clause, finding the claims raised “profound questions concerning arbitrariness and vote dilution.” After initially denying the motion to transfer, the court reconsidered and determined that transfer pursuant to the first-filed rule comported with circuit precedent and the interests of justice.

On October 5, 2020, the case was transferred to the Middle District of North Carolina for consideration with the already pending Democracy North Carolina case.

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People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18478520/parties/wise-v-north-carolina-state-board-of-election/

Judge(s)

Dever, James C. (North Carolina)

Attorney for Plaintiff

Burchfield, Bobby R. (North Carolina)

Attorney for Defendant

Boyce, Sarah G. (North Carolina)

Elias, Marc E. (North Carolina)

Ghosh, Narendra K. (North Carolina)

Judge(s)

Dever, James C. (North Carolina)

Attorney for Plaintiff

Burchfield, Bobby R. (North Carolina)

Leland, Matthew M. (North Carolina)

Tobin, R. Scott (North Carolina)

Attorney for Defendant

Boyce, Sarah G. (North Carolina)

Elias, Marc E. (North Carolina)

Ghosh, Narendra K. (North Carolina)

Nkwonta, Uzoma N. (North Carolina)

Peters, Alexander McClure (North Carolina)

Steed, Terence (North Carolina)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
4 5:20-cv-00505	Memorandum in Support of Plaintiffs' Motion for TRO	Sept. 26, 2020	Sept. 26, 2020 Pleading / Motion / Brief
1 5:20-cv-00505	Complaint for Declaratory and Injunctive Relief	Sept. 26, 2020	Sept. 26, 2020 Complaint
3 5:20-cv-00505	Plaintiffs' Motion for TRO	Sept. 26, 2020	Sept. 26, 2020 Pleading / Motion / Brief
7 5:20-cv-00505	Memorandum of Law in Support of Defendants' Motion to Transfer Venue	Sept. 28, 2020	Sept. 28, 2020 Pleading / Motion / Brief
14 5:20-cv-00505	Memorandum in Opposition to Defendants' Motion to Transfer Venue	Sept. 30, 2020	Sept. 30, 2020 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/18478520/wise-v-north-carolina-state-board-of-election/

Last updated Aug. 9, 2025, 10:31 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants ( Filing fee $ 400 receipt number 0417-5641615.), filed by DANIEL BISHOP, SAMUEL GRAYSON BAUM, REPUBLICAN NATIONAL COMMITTEE, NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, REGIS CLIFFORD, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, PATSY J. WISE, DONALD J. TRUMP FOR PRESIDENT INC., NORTH CAROLINA REPUBLICAN PARTY, CAMILLE ANNETTE BAMBINI, GREGORY F. MURPHY. (Attachments: # 1 Exhibit 1- Plaintiffs' and Defendants' joint motion for entry of consent from state court case, # 2 Exhibit 2- NC State Board of Election Memo 2020-19, # 3 Exhibit 3- NC State Board of Elections Memo 2020-22, # 4 Exhibit 4- NC State Board of Elections Memo 2020-23, # 5 Civil Cover Sheet, # 6 Proposed Summons, # 7 Proposed Summons, # 8 Proposed Summons, # 9 Proposed Summons) (Tobin, R.) Modified on 9/28/2020 to describe exhibits. (Rudd, D.) (Entered: 09/26/2020) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Civil Cover Sheet View on PACER 6 Proposed Summons View on PACER 7 Proposed Summons View on PACER 8 Proposed Summons View on PACER 9 Proposed Summons View on PACER	Sept. 26, 2020	Sept. 26, 2020 Clearinghouse
2	Financial Disclosure Statement by CAMILLE ANNETTE BAMBINI, SAMUEL GRAYSON BAUM, DANIEL BISHOP, REGIS CLIFFORD, DONALD J. TRUMP FOR PRESIDENT INC., GREGORY F. MURPHY, NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, NORTH CAROLINA REPUBLICAN PARTY, REPUBLICAN NATIONAL COMMITTEE, PATSY J. WISE (Tobin, R.) (Entered: 09/26/2020)	Sept. 26, 2020	Sept. 26, 2020 PACER
3	Emergency MOTION for Temporary Restraining Order filed by CAMILLE ANNETTE BAMBINI, SAMUEL GRAYSON BAUM, DANIEL BISHOP, REGIS CLIFFORD, DONALD J. TRUMP FOR PRESIDENT INC., GREGORY F. MURPHY, NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, NORTH CAROLINA REPUBLICAN PARTY, REPUBLICAN NATIONAL COMMITTEE, PATSY J. WISE. (Attachments: # 1 Text of Proposed Order) (Tobin, R.) (Entered: 09/26/2020) 1 Text of Proposed Order View on PACER	Sept. 26, 2020	Sept. 26, 2020 Clearinghouse
4	Memorandum in Support regarding 3 Emergency MOTION for Temporary Restraining Order filed by CAMILLE ANNETTE BAMBINI, SAMUEL GRAYSON BAUM, DANIEL BISHOP, REGIS CLIFFORD, DONALD J. TRUMP FOR PRESIDENT INC., GREGORY F. MURPHY, NATIONAL REPUBLICAN CONGRESSIONAL COMMITTEE, NATIONAL REPUBLICAN SENATORIAL COMMITTEE, NORTH CAROLINA REPUBLICAN PARTY, REPUBLICAN NATIONAL COMMITTEE, PATSY J. WISE. (Attachments: # 1 Leland Declaration, # 2 Exhibit 1 - Chambers Order, # 3 Exhibit 2 - Alliance Consent Judgment, # 4 Exhibit 3 - Elias Tweet, # 5 Exhibit 4 - Elias On the Docket Newsletter, # 6 Exhibit 5 - Consent Judgment WVA League of Women Voters, # 7 Exhibit 6- Consent Decree MN LaRose v. Simon, # 8 Exhibit 7 - Settlement Agreement AZ Voto Latino, # 9 Exhibit 8 - Compromise Settlement Agreement GA Dem Party of GA, # 10 Exhibit 9 - Carter Baker Report, # 11 Exhibit 10 - Morley Redlines Article, # 12 Exhibit 11 - Jordan Wilkie Article, # 13 Exhibit 12 - NC BOE Letter March 26, 2020, # 14 Exhibit 13 - NC BOE Order, # 15 Exhibit 14 - HB 1169 Voting Record, # 16 Exhibit 15 - Dore Declaration, # 17 Exhibit 16 - White Declaration, # 18 Exhibit 17 - Dollar Declaration, # 19 Exhibit 18 - Clark Declaration, # 20 Exhibit 19 - Holder TIME Article, # 21 Exhibit 20 - Numbered Memo 2020-19 Original, # 22 Exhibit 21 - Wash. Post NC Ballots, # 23 Exhibit 22 - BOE Absentee Data, # 24 Exhibit 23 - Numbered Memo 2020-19 Revised, # 25 Exhibit 24 - Numbered Memo 2020-22, # 26 Exhibit 25 - Numbered Memo 2020-23, # 27 Exhibit 26 - Mayer Deposition Transcript, # 28 Exhibit 27 - Plunkett Affidavit, # 29 Exhibit 28 - NC BOE Letter April 22, 2020, # 30 Exhibit 29 - Kaufman CNN Article, # 31 Exhibit 30 - Summa Declaration, # 32 Exhibit 31 - Lockerbie Affidavit) (Tobin, R.) (Entered: 09/26/2020) 1 Leland Declaration View on PACER 2 Exhibit 1 - Chambers Order View on PACER 3 Exhibit 2 - Alliance Consent Judgment View on PACER 4 Exhibit 3 - Elias Tweet View on PACER 5 Exhibit 4 - Elias On the Docket Newsletter View on PACER 6 Exhibit 5 - Consent Judgment WVA League of Women Voters View on PACER 7 Exhibit 6- Consent Decree MN LaRose v. Simon View on PACER 8 Exhibit 7 - Settlement Agreement AZ Voto Latino View on PACER 9 Exhibit 8 - Compromise Settlement Agreement GA Dem Party of GA View on PACER 10 Exhibit 9 - Carter Baker Report View on PACER 11 Exhibit 10 - Morley Redlines Article View on PACER 12 Exhibit 11 - Jordan Wilkie Article View on PACER 13 Exhibit 12 - NC BOE Letter March 26, 2020 View on PACER 14 Exhibit 13 - NC BOE Order View on PACER 15 Exhibit 14 - HB 1169 Voting Record View on PACER 16 Exhibit 15 - Dore Declaration View on PACER 17 Exhibit 16 - White Declaration View on PACER 18 Exhibit 17 - Dollar Declaration View on PACER 19 Exhibit 18 - Clark Declaration View on PACER 20 Exhibit 19 - Holder TIME Article View on PACER 21 Exhibit 20 - Numbered Memo 2020-19 Original View on PACER 22 Exhibit 21 - Wash. Post NC Ballots View on PACER 23 Exhibit 22 - BOE Absentee Data View on PACER 24 Exhibit 23 - Numbered Memo 2020-19 Revised View on PACER 25 Exhibit 24 - Numbered Memo 2020-22 View on PACER 26 Exhibit 25 - Numbered Memo 2020-23 View on PACER 27 Exhibit 26 - Mayer Deposition Transcript View on PACER 28 Exhibit 27 - Plunkett Affidavit View on PACER 29 Exhibit 28 - NC BOE Letter April 22, 2020 View on PACER 30 Exhibit 29 - Kaufman CNN Article View on PACER 31 Exhibit 30 - Summa Declaration View on PACER 32 Exhibit 31 - Lockerbie Affidavit View on PACER	Sept. 26, 2020	Sept. 26, 2020 Clearinghouse
5	Notice of Appearance filed by Alexander McClure Peters on behalf of All Defendants. (Peters, Alexander) (Entered: 09/27/2020)	Sept. 27, 2020	Sept. 27, 2020 PACER
6	MOTION to Transfer Case filed by STELLA ANDERSON, IN HER OFFICIAL CAPACITY AS SECRETARY OF THE NC BOARD OF ELECTIONS, KAREN BRINSON BELL, IN HER OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR OF THE NC STATE BOARD OF ELECTIONS, JEFF CARMON, III, IN HIS OFFICIAL CAPACITY AS MEMBER OF THE NC STATE BOARD OF ELECTIONS, DAMON CIRCOSTA, IN HIS OFFICIAL CAPACITY AS CHAIRMAN OF THE NC STATE BOARD OF ELECTIONS, NORTH CAROLINA STATE BOARD OF ELECTIONS. (Peters, Alexander) (Entered: 09/28/2020)	Sept. 28, 2020	Sept. 28, 2020 PACER
7	Memorandum in Support regarding 6 MOTION to Transfer Case filed by STELLA ANDERSON, IN HER OFFICIAL CAPACITY AS SECRETARY OF THE NC BOARD OF ELECTIONS, KAREN BRINSON BELL, IN HER OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR OF THE NC STATE BOARD OF ELECTIONS, JEFF CARMON, III, IN HIS OFFICIAL CAPACITY AS MEMBER OF THE NC STATE BOARD OF ELECTIONS, DAMON CIRCOSTA, IN HIS OFFICIAL CAPACITY AS CHAIRMAN OF THE NC STATE BOARD OF ELECTIONS, NORTH CAROLINA STATE BOARD OF ELECTIONS. (Attachments: # 1 Exhibit 1 Letter to Elaine Marshall) (Peters, Alexander) (Entered: 09/28/2020) 1 Exhibit 1 Letter to Elaine Marshall View on RECAP	Sept. 28, 2020	Sept. 28, 2020 Clearinghouse
8	Notice of Related Case filed by STELLA ANDERSON, IN HER OFFICIAL CAPACITY AS SECRETARY OF THE NC BOARD OF ELECTIONS, KAREN BRINSON BELL, IN HER OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR OF THE NC STATE BOARD OF ELECTIONS, JEFF CARMON, III, IN HIS OFFICIAL CAPACITY AS MEMBER OF THE NC STATE BOARD OF ELECTIONS, DAMON CIRCOSTA, IN HIS OFFICIAL CAPACITY AS CHAIRMAN OF THE NC STATE BOARD OF ELECTIONS, NORTH CAROLINA STATE BOARD OF ELECTIONS . (Peters, Alexander) (Entered: 09/28/2020)	Sept. 28, 2020	Sept. 28, 2020 PACER
	Notice to Counsel - Counsel did not properly identify attachments pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual. Attachments must be clearly labeled (i.e., "Exhibit 1" is not a sufficient description). Additionally, when filing a document with more than five attachments, the first attachment must be an index of all of the subsequent attached documents. No further action is needed. (Rudd, D.)	Sept. 28, 2020	Sept. 28, 2020 PACER
9	Summons Issued as to Stella Anderson, Karen Brinson Bell, Jeff Carmon, Damon Circosta. (NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.) (Rudd, D.) (Entered: 09/28/2020)	Sept. 28, 2020	Sept. 28, 2020 PACER
	REMINDER TO COUNSEL regarding docket entries 1 and 4 . Pursuant to Judge Myers Practice Preferences, counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 1003 South 17th Street, Wilmington, NC 28401. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted in a three-ring binder. (Edwards, S.)	Sept. 28, 2020	Sept. 28, 2020 PACER
	Notice to Counsel regarding: 3 Motion for TRO. Pursuant to District Judge Richard E. Myers II Practice Preferences, counsel shall email the proposed order in a word processing format to Documents_Judge_Myers@nced.uscourts.gov. (Waddell, K.)	Sept. 28, 2020	Sept. 28, 2020 PACER
10	Notice filed by Stella Anderson, Karen Brinson Bell, Jeff Carmon, Damon Circosta, North Carolina State Board of Elections of Filing. (Attachments: # 1 Exhibit 1 Notice of Filing in Democracy NC v. NCSBE) (Peters, Alexander) (Entered: 09/28/2020)	Sept. 28, 2020	Sept. 28, 2020 PACER
	Motion Submitted to District Judge Richard E. Myers II regarding 3 Emergency MOTION for Temporary Restraining Order. (Waddell, K.)	Sept. 28, 2020	Sept. 28, 2020 PACER
	Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Waddell, K.)	Sept. 28, 2020	Sept. 28, 2020 PACER
11	ORDER: The court has determined that expedited resolution of Defendants' motion to transfer venue [DE-6] is in the interest of justice. Plaintiffs are accordingly ORDERED to respond to Defendants' motion on or beforeSeptember 30, 2020, and Defendants are ORDERED file a reply to Plaintiffs' response on or before October 1, 2020. Signed by District Judge Richard E. Myers II on 9/28/2020. (Waddell, K.) (Entered: 09/28/2020)	Sept. 28, 2020	Sept. 28, 2020 PACER
12	Notice of Appearance filed by Terence Steed on behalf of All Defendants. (Steed, Terence) (Entered: 09/28/2020)	Sept. 28, 2020	Sept. 28, 2020 PACER
	Reminder to Counsel - Judge Myers	Sept. 28, 2020	Sept. 28, 2020 PACER
	Notice to Counsel	Sept. 28, 2020	Sept. 28, 2020 PACER
	Motion Submitted	Sept. 28, 2020	Sept. 28, 2020 PACER
	Case Selected for Mediation	Sept. 28, 2020	Sept. 28, 2020 PACER
	TEXT ORDER REASSIGNING CASE. At the direction of the Court, this case is reassigned to United States District Judge James C. Dever III for all further proceedings. United States District Judge Richard E. Myers II is no longer assigned to the case. All future filings should reflect the revised case number of 5:20-CV-505-D. Signed by Peter A. Moore, Jr., Clerk of Court on 9/29/2020. (Hockaday, A.)	Sept. 29, 2020	Sept. 29, 2020 PACER
	Motion No Longer Submitted to District Judge Richard E. Myers II: regarding 3 Emergency MOTION for Temporary Restraining Order. (Waddell, K.)	Sept. 29, 2020	Sept. 29, 2020 PACER
13	RESPONSE regarding 10 Notice - other filed by Camille Annette Bambini, Samuel Grayson Baum, Daniel Bishop, Regis Clifford, Donald J. Trump for President Inc., Gregory F. Murphy, National Republican Congressional Committee, National Republican Senatorial Committee, North Carolina Republican Party, Republican National Committee, Patsy J. Wise. (Attachments: # 1 Exhibit 1 - Original Numbered Memo 2020-19, # 2 Exhibit 2 - Numbered Memo 2020-19 Redline) (Tobin, R.) (Entered: 09/29/2020)	Sept. 29, 2020	Sept. 29, 2020 PACER
	Order Reassigning Case	Sept. 29, 2020	Sept. 29, 2020 PACER
	Motion No Longer Submitted	Sept. 29, 2020	Sept. 29, 2020 PACER
14	Memorandum in Opposition regarding 6 MOTION to Transfer Case filed by Camille Annette Bambini, Samuel Grayson Baum, Daniel Bishop, Regis Clifford, Donald J. Trump for President Inc., Gregory F. Murphy, National Republican Congressional Committee, National Republican Senatorial Committee, North Carolina Republican Party, Republican National Committee, Patsy J. Wise. (Tobin, R.) (Entered: 09/30/2020)	Sept. 30, 2020	Sept. 30, 2020 Clearinghouse
15	Notice of Special Appearance for non-district by Bobby R. Burchfield on behalf of All Plaintiffs. (Burchfield, Bobby) (Entered: 10/01/2020)	Oct. 1, 2020	Oct. 1, 2020 PACER
16	Notice of Special Appearance for non-district by Matthew M. Leland on behalf of All Plaintiffs. (Leland, Matthew) (Entered: 10/01/2020)	Oct. 1, 2020	Oct. 1, 2020 PACER
17	Order Setting Hearings - Hearing set for 10/2/2020 at 05:00 PM in Raleigh - 7th Floor - Courtroom 1 before District Judge James C. Dever III. Signed by District Judge James C. Dever, III on 10/2/2020. (Stouch, L.) (Entered: 10/02/2020)	Oct. 2, 2020	Oct. 2, 2020 PACER
18	Notice of Special Appearance for non-district by Marc E. Elias on behalf of North Carolina Alliance for Retired Americans, Barker Fowler, Becky Johnson, Jade Jurek, Rosalyn Kociemba, Tom Kociemba, Sandra Malone, Caren Rabinowitz. (Elias, Marc) (Entered: 10/02/2020)	Oct. 2, 2020	Oct. 2, 2020 PACER
19	Notice of Special Appearance for non-district by Uzoma N. Nkwonta on behalf of Barker Fowler, Becky Johnson, Jade Jurek, Rosalyn Kociemba, Tom Kociemba, Sandra Malone, North Carolina Alliance for Retired Americans, Caren Rabinowitz. (Nkwonta, Uzoma) (Entered: 10/02/2020)	Oct. 2, 2020	Oct. 2, 2020 PACER
20	Notice of Special Appearance for non-district by Sarah G. Boyce on behalf of All Defendants. (Boyce, Sarah) (Entered: 10/02/2020)	Oct. 2, 2020	Oct. 2, 2020 PACER
21	MOTION to Intervene as Defendants filed by Barker Fowler, Becky Johnson, Jade Jurek, Rosalyn Kociemba, Tom Kociemba, Sandra Malone, North Carolina Alliance for Retired Americans, Caren Rabinowitz. (Attachments: # 1 Exhibit 1-Proposed Answer, # 2 Exhibit 2-Proposed Order) (Nkwonta, Uzoma) (Entered: 10/02/2020)	Oct. 2, 2020	Oct. 2, 2020 PACER
22	Memorandum in Support regarding 21 MOTION to Intervene as Defendants filed by Barker Fowler, Becky Johnson, Jade Jurek, Rosalyn Kociemba, Tom Kociemba, Sandra Malone, North Carolina Alliance for Retired Americans, Caren Rabinowitz. (Attachments: # 1 Exhibit 1-Joint Motion) (Nkwonta, Uzoma) (Entered: 10/02/2020) 1 Exhibit 1-Joint Motion View on RECAP	Oct. 2, 2020	Oct. 2, 2020 RECAP
23	Notice of Appearance filed by Narendra K. Ghosh on behalf of Barker Fowler, Becky Johnson, Jade Jurek, Rosalyn Kociemba, Tom Kociemba, Sandra Malone, North Carolina Alliance for Retired Americans, Caren Rabinowitz. (Ghosh, Narendra) (Entered: 10/02/2020)	Oct. 2, 2020	Oct. 2, 2020 PACER
24	Notice filed by Stella Anderson, Karen Brinson Bell, Jeff Carmon, Damon Circosta, North Carolina State Board of Elections Notice of Filing of State Court Consent Judgment. (Attachments: # 1 Exhibit Consent Judgment Entered in Wake County 20-CVS-8881) (Peters, Alexander) (Entered: 10/02/2020)	Oct. 2, 2020	Oct. 2, 2020 PACER
27	Minute Entry for proceedings held in Raleigh, NC before District Judge James C. Dever, III: Hearing held on 10/2/2020. Counsel present by videoconference. Oral argument held. Written order to follow. (Court Reporter Amy Condon) (Stouch, L.) (Entered: 10/05/2020)	Oct. 2, 2020	Oct. 2, 2020 PACER
25	ORDER granting 3 Motion for Temporary Restraining Order and transferring case to the Honorable William L. Osteen, Jr., USDC, MDNC.Signed by District Judge James C. Dever III on 10/3/2020. (Hayes, Lyndsay) (Entered: 10/03/2020)	Oct. 3, 2020	Oct. 3, 2020 Clearinghouse
26	OFFICIAL TRANSCRIPT of Proceedings held on October 2, 2020, before Judge James C. Dever III. Court Reporter/Transcriber Amy M. Condon. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's website Redaction Request due 10/27/2020. Redacted Transcript Deadline set for 11/6/2020. Release of Transcript Restriction set for 1/4/2021. (Condon, A.) (Entered: 10/03/2020)	Oct. 3, 2020	Oct. 3, 2020 PACER
	NOTICE of Filing of Official Transcript 26 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Condon, A.)	Oct. 3, 2020	Oct. 3, 2020 PACER
	Notice of Filing of Official Transcript	Oct. 3, 2020	Oct. 3, 2020 PACER
	Case transferred to Middle District of North Carolina. File transmitted electronically. (Stouch, L.)	Oct. 5, 2020	Oct. 5, 2020 PACER
	Remark - Case opened in North Carolina Middle District as case 1:20-cv-192, filed 10/5/2020. (Stouch, L.)	Oct. 5, 2020	Oct. 5, 2020 PACER
	Case Transferred Out - District	Oct. 5, 2020	Oct. 5, 2020 PACER
	Remark	Oct. 5, 2020	Oct. 5, 2020 PACER

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Case Details

State / Territory: North Carolina

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Sept. 26, 2020

Closing Date: Oct. 5, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A registered voter who cast an absentee ballot for the November 2020 election, three registered voters who intended to vote in the November 2020 election, two Republican members of the US House of Representatives, Donald J. Trump for President, Inc. (a reelection committee), the Republican National Committee, National Republican Senatorial Committee (a national political party committee), National Republican Congressional Committee (the national organization of the Republican Party), and the North Carolina Republican Party.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

North Carolina State Board of Elections, State

Chair of State Board of Elections, State

Secretary of the State Board of Elections, State

Member of State Board of Elections, State

Executive Director of State Board of Elections, State