Case: North Carolina State Conference of the NAACP v. North Carolina State Board of Electors

1:16-cv-01274 | U.S. District Court for the Middle District of North Carolina

Filed Date: Oct. 31, 2016

Closed Date: Dec. 20, 2019

Clearinghouse coding complete

Case Summary

This is a case about the en mass cancelation of voter registrations by local boards of elections in North Carolina prior to the November 8, 2016 election. Shortly before the federal general election in 2016, boards of elections (BOEs) in at least three North Carolina counties, including Beaufort, Moore, and Cumberland counties, canceled thousands of voters’ registrations based on challenges by private individuals. The private individuals claimed that because a piece of mail was returned as unde…

This is a case about the en mass cancelation of voter registrations by local boards of elections in North Carolina prior to the November 8, 2016 election.

Shortly before the federal general election in 2016, boards of elections (BOEs) in at least three North Carolina counties, including Beaufort, Moore, and Cumberland counties, canceled thousands of voters’ registrations based on challenges by private individuals. The private individuals claimed that because a piece of mail was returned as undeliverable, that the voter had changed their residency. The mailings were sometimes sent to residential addresses, instead of P.O. boxes where the voters could receive mail, and in many cases, voters still resided at the addresses at which they were registered to vote. Other voters had moved within the county and remained eligible to vote there, but the BOEs still canceled their registrations. When the private individuals challenged the registrations, the county boards then held preliminary hearings where the single letter that could not be delivered was prima facie evidence that the person no longer resided there. The county board then mailed notice of a follow-up hearing, which was often sent to the same address where mail had been returned as undelivered. Unless the voter appeared in person to testify or submitted an affidavit confirming residency in the same county, their registration was canceled. In many cases, voters were never aware that their registrations were challenged until good Samaritans reached out to warn them. Thousands of voters were affected.

In October 2016, after learning about the mass voter purges, the North Carolina NAACP sent letters to the state BOE and Moore County BOE to protest the practices, advise the BOEs that their conduct violated federal law, and instruct the BOEs to stop removing voters. The state BOE confirmed that thousands of voters had had their registrations challenged and sometimes removed from voter rolls but denied that the conduct was unlawful. The Moore County BOE never responded to the NAACP’s letter.

On October 31, 2016, the North Carolina State Conference of the NAACP, a local branch of the NAACP, and individual voters filed this lawsuit in the United States District Court for the Middle District of North Carolina. The plaintiffs sued the North Carolina State BOE, three county boards of elections, and election officials in their official capacities for allegedly violating the National Voter Registration Act (NVRA), the Voting Rights Act (VRA), and the Equal Protection Clause (EPC). Represented by the private counsel and attorneys from the nonpartisan law, policy, and strategy center called Forward Justice, the plaintiffs sought: (1) a declaration that North Carolina’s voter challenge and purge practices were unlawful; and (2) injunctive relief, including relief to restore voters’ registrations, issue directives to ensure that those voters could cast regular ballots, and provide mailed and public notice to reach voters whose registrations had been challenged.

The case focused on Section 8 of the NVRA, which prohibits the systematic removal of voters from voter registration rolls within 90 days of an election unless the state either (1) receives written confirmation from the voter that he or she has moved to a different residence outside the county, or (2) sends a prescribed notice to which the voter fails to respond, and then wait for two federal election cycles in which the voter does not vote. The plaintiffs alleged that the defendants carried out systematic purges of voters within 90 days of the November 8, 2016 general election in violation of the NVRA when they allowed the private individuals to challenge voter registrations. In addition, the plaintiffs claimed that the voter purges violated the VRA because they would have a disparate impact on Black voters. Finally, the plaintiffs alleged a violation of the EPC because the purges denied North Carolina voters the fundamental right to vote and placed a severe burden on challenged voters to remain eligible to vote.

With their complaint, the plaintiffs also moved for a temporary restraining order to enjoin additional voter purges, require affected voters to have their registration restored before the November 2016 election, and ensure notice to voters who were impacted.

On November 1, 2016, the defendants filed a single motion to dismiss the complaint, alleging that the plaintiffs lacked standing, failed to show that the Moore defendants took actions that affected the plaintiffs, and had an adequate remedy at law. On the same day, the United States filed a Statement of Interest. It argued that if the plaintiffs’ allegations were true, the actions of the local boards of election violated the NVRA.

However, the judge rejected the defendants’ arguments, and on November 4, 2016, she granted a preliminary injunction. The injunction required the defendants to restore voter registrations and enjoined them from interfering with those individuals’ right to vote. It limited its injunctive relief to the North Carolina counties named in the lawsuit and challenges sustained within 90 days of the election.

After the election occurred in November 2016, the litigation continued. On January 26, 2017, each defendant filed separate motions to dismiss the complaint. The Beaufort County defendants claimed the case against them was moot after the judge issued the preliminary injunction because their presence was not required to decide the lawfulness of North Carolina statutes about removing voters from rolls. The Cumberland County and Moore County defendants made the same mootness claim and also argued that the plaintiffs lacked standing to sue them.

On September 26, 2017, the judge granted in part and denied in part the county defendants’ motions to dismiss. The judge found that certain plaintiffs did not have standing to sue the Cumberland and Moore defendants, but she did not dismiss the entire case. She found that the claims against the county defendants were not moot, and some plaintiffs still had standing to sue each defendant.

The plaintiffs and state defendants disagreed on whether the preliminary injunction continued to apply after the November 2016 election. Therefore, on March 5, 2018, the plaintiffs filed a motion to clarify or modify the scope of the preliminary injunction. On the same day, the plaintiffs also filed a motion for partial summary judgment on the NVRA claims. Plaintiffs argued that the court should issue a permanent injunction to protect voters from purges that violate the NVRA. The state BOE opposed both motions.

On August 7, 2018, the judge granted the plaintiffs’ motion for summary judgment on the NVRA claims. She then denied the motion to clarify or modify the scope of the preliminary injunction as moot.

After the summary judgment ruling, the plaintiffs reached a settlement agreement with all defendants. In December 2019, they agreed that the state BOE would pay the plaintiffs $619,000 in attorneys’ fees and litigation expenses on behalf of all defendants. In return, the plaintiffs waived any other claims that were asserted or could have been asserted against the defendants based on the voting purges. Plaintiffs reserved the right to litigate to ensure compliance and enforce the terms of the agreement.

As a result, the court entered final judgment in favor of the plaintiffs on the NVRA claims, dismissed the other claims, and awarded attorneys’ fees.

The case was closed on the same day, December 20, 2019.

Summary Authors

(8/10/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4516828/parties/north-carolina-state-conference-of-the-naacp-v-the-north-carolina-state/


Judge(s)

Biggs, Loretta Copeland (North Carolina)

Attorney for Plaintiff

BROWN, ERIC P. (North Carolina)

CARLSON, MARY J. (North Carolina)

CHAN, CONNIE K. (North Carolina)

Attorney for Defendant

BENNETT, JOSHUA HAMILTON (North Carolina)

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Documents in the Clearinghouse

Document
118

1:16-cv-01274

Master Trial Calendar - Notice to Counsel

North Carolina State Conference of the NAACP v North Carolina State Board of Elections

Nov. 8, 2019

Nov. 8, 2019

Docket
3

1:16-cv-01274

Application for Temporary Restraining Order

North Carolina State Co v. The North Carolina State Board of Electors

Oct. 31, 2016

Oct. 31, 2016

Pleading / Motion / Brief
1

1:16-cv-01274

Complaint for Declaratory and Injunctive Relief

North Carolina State Conf. of the NAACP v The North Carolina State Board of Elections

Oct. 31, 2016

Oct. 31, 2016

Complaint
33

1:16-cv-01274

Statement of Interest of the United States

North Carolina State Conference of the NAACP v North Carolina State Board of Elections

Nov. 1, 2016

Nov. 1, 2016

Statement of Interest (DOJ)
32

1:16-cv-01274

Motion to Dismiss Complaint

North Carolina State Co v. The North Carolina State Board of Electors

Nov. 1, 2016

Nov. 1, 2016

Pleading / Motion / Brief
43

1:16-cv-01274

Order Granting Preliminary Injunction

North Carolina State Co v. The North Carolina State Board of Electors

Nov. 4, 2016

Nov. 4, 2016

Order/Opinion

2016 WL 6581284

42

1:16-cv-01274

Memorandum and Opinion regarding Plaintiffs' Application for TRO

Nov. 4, 2016

Nov. 4, 2016

Order/Opinion

2016 WL 6581284

55

1:16-cv-01274

Answer to Complaint

North Carolina State Co v. The North Carolina State Board of Electors

Dec. 22, 2016

Dec. 22, 2016

Pleading / Motion / Brief
62

1:16-cv-01274

Brief in Support of Moore County Defendants' Motion to Dismiss

North Carolina State Conference of the NAACP v North Carolina State Board of Elections

Jan. 26, 2017

Jan. 26, 2017

Pleading / Motion / Brief
56

1:16-cv-01274

Motion to Dismiss the Beaufort County Defendants

North Carolina State Conference of the NAACP v North Carolina State Board of Elections

Jan. 26, 2017

Jan. 26, 2017

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4516828/north-carolina-state-conference-of-the-naacp-v-the-north-carolina-state/

Last updated Jan. 30, 2025, 3:07 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-2012395.), filed by James L. Cox, North Carolina State Conference of the NAACP, Grace Bell Hardison, Moore County Branch of the NAACP, James Edward Arthur, Sr, James Michael Brower.(LEYTON, STACEY) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

Clearinghouse

Motions Submitted

Oct. 31, 2016

Oct. 31, 2016

PACER
2

NOTICE of Appearance by attorney STACEY M. LEYTON on behalf of Plaintiffs James Edward Arthur, Sr, James Michael Brower, James L. Cox, Grace Bell Hardison, Moore County Branch of the NAACP, North Carolina State Conference of the NAACP (LEYTON, STACEY) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER

Case Assigned

Oct. 31, 2016

Oct. 31, 2016

PACER
3

MOTION for Temporary Restraining Order by James Edward Arthur, Sr, James Michael Brower, James L. Cox, Grace Bell Hardison, Moore County Branch of the NAACP, North Carolina State Conference of the NAACP. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Application for Temporary Restraining Order)(LEYTON, STACEY) (Entered: 10/31/2016)

1 Text of Proposed Order Proposed Order Granting Application for Temporary Restrai

View on PACER

Oct. 31, 2016

Oct. 31, 2016

Clearinghouse

Case Referred to Mediation

Oct. 31, 2016

Oct. 31, 2016

PACER
4

NOTICE of Appearance by attorney IRVING L. JOYNER on behalf of Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP (JOYNER, IRVING) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER

Set/Reset Deadlines/Hearings

Oct. 31, 2016

Oct. 31, 2016

PACER
5

DECLARATION of REV. DR. WILLIAM J. BARBER II IN SUPPORT OF APPLICATION FOR TEMPORARY RESTRAINING ORDER filed by Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP re 3 MOTION for Temporary Restraining Order filed by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(LEYTON, STACEY) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER
6

NOTICE of Appearance by attorney PENDA DENISE HAIR on behalf of Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP (HAIR, PENDA) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER
7

DECLARATION of OLINDA D. WATKINS IN SUPPORT OF APPLICATION FOR TEMPORARY RESTRAINING ORDER filed by Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP re 3 MOTION for Temporary Restraining Order filed by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (Attachments: # 1 Exhibit A, # 2 Exhibit B Part 1 of 3, # 3 Exhibit B Part 2 of 3, # 4 Exhibit B Part 3 of 3, # 5 Exhibit C, # 6 Exhibit D)(LEYTON, STACEY) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER
8

DECLARATION of JAMES EDWARD ARTHUR SR. IN SUPPORT OF APPLICATION FOR TEMPORARY RESTRAINING ORDER filed by Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP re 3 MOTION for Temporary Restraining Order filed by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (LEYTON, STACEY) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER
9

DECLARATION of JAMES MICHAEL BROWER IN SUPPORT OF APPLICATION FOR TEMPORARY RESTRAINING ORDER filed by Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP re 3 MOTION for Temporary Restraining Order filed by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (LEYTON, STACEY) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER
10

DECLARATION of GRACE BELL HARDISON IN SUPPORT OF APPLICATION FOR TEMPORARY RESTRAINING ORDER filed by Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP re 3 MOTION for Temporary Restraining Order filed by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (LEYTON, STACEY) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER
11

DECLARATION of JAMES L. COX IN SUPPORT OF APPLICATION FOR TEMPORARY RESTRAINING ORDER filed by Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP re 3 MOTION for Temporary Restraining Order filed by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (LEYTON, STACEY) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER
12

DECLARATION of VERONICA WARD IN SUPPORT OF APPLICATION FOR TEMPORARY RESTRAINING ORDER filed by Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP re 3 MOTION for Temporary Restraining Order filed by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (LEYTON, STACEY) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER
13

NOTICE of Appearance by attorney ALEXANDER MCCLURE PETERS on behalf of Defendants RHONDA K. AMOROSO, JAMES BAKER, MAJA KRICKER, JOSHUA D. MALCOLM, KIM WESTBROOK STRACH, THE NORTH CAROLINA STATE BOARD OF ELECTIONS, A. GRANT WHITNEY, JR (PETERS, ALEXANDER) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER
14

NOTICE of Appearance by attorney JAMES BERNIER, JR on behalf of Defendants RHONDA K. AMOROSO, JAMES BAKER, MAJA KRICKER, JOSHUA D. MALCOLM, KIM WESTBROOK STRACH, THE NORTH CAROLINA STATE BOARD OF ELECTIONS, A. GRANT WHITNEY, JR (BERNIER, JAMES) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER
15

DECLARATION of LAUREN BONDS IN SUPPORT OF APPLICATION FOR TEMPORARY RESTRAINING ORDER filed by Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP re 3 MOTION for Temporary Restraining Order filed by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(LEYTON, STACEY) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER
16

DECLARATION of HANNAH COLE filed by Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP re 3 MOTION for Temporary Restraining Order filed by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (LEYTON, STACEY) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER
17

DECLARATION of LUKE TAYLOR IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER filed by Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP re 3 MOTION for Temporary Restraining Order filed by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R)(LEYTON, STACEY) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER
18

NOTICE of Appearance by attorney CONNIE K. CHAN on behalf of Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP (CHAN, CONNIE) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER
19

NOTICE of Appearance by attorney PEDER J. THOREEN on behalf of Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP (THOREEN, PEDER) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER
20

NOTICE of Appearance by attorney ERIC P. BROWN on behalf of Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP (BROWN, ERIC) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER
21

AMENDED MOTION for Temporary Restraining Order, by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (Attachments: # 1 Amended Brief In Support of TRO)(LEYTON, STACEY) Modified on 10/31/2016 to reflect correct document title (Samuel-Priestley, Tina). (Entered: 10/31/2016)

1 Amended Brief In Support of TRO

View on RECAP

Oct. 31, 2016

Oct. 31, 2016

RECAP
22

MOTION to Exceed Page Limit by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (LEYTON, STACEY) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER
23

CERTIFICATE OF SERVICE by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP (LEYTON, STACEY) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER

Motions Submitted: 21 AMENDED MOTION for Temporary Restraining Order, and 22 MOTION to Exceed Page Limit, to JUDGE LORETTA C. BIGGS. (Samuel-Priestley, Tina)

Oct. 31, 2016

Oct. 31, 2016

PACER

Case ASSIGNED to JUDGE LORETTA C. BIGGS and MAGISTRATE JUDGE JOE L. WEBSTER. Set flag for Magistrate Judge Joe L. Webster. (Coyne, Michelle)

Oct. 31, 2016

Oct. 31, 2016

PACER

CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Coyne, Michelle)

Oct. 31, 2016

Oct. 31, 2016

PACER
24

ORDER signed by JUDGE LORETTA C. BIGGS on 10/31/2016, that this matter is scheduled for hearing on Wednesday, November 2, 2016 at 9:00 a.m. in Winston-Salem, North Carolina in Courtroom No. 1. (Daniel, J) (Entered: 10/31/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER

Set Motion Hearing set for 11/2/2016 at 9:00 AM in Winston-Salem Courtroom #2 before JUDGE LORETTA C. BIGGS. (Daniel, J)

Oct. 31, 2016

Oct. 31, 2016

PACER
25

NOTICE of Appearance by attorney CAITLIN SWAIN-MCSURELY on behalf of Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP (SWAIN-MCSURELY, CAITLIN) (Entered: 11/01/2016)

Nov. 1, 2016

Nov. 1, 2016

PACER
26

NOTICE of Appearance by attorney JOSHUA HAMILTON BENNETT on behalf of Defendants KELLIE HARRIS HOPKINS, JAY MCROY, THOMAS S. PAYNE, II, JOHN B. TATE, III (BENNETT, JOSHUA) (Entered: 11/01/2016)

Nov. 1, 2016

Nov. 1, 2016

PACER
27

NOTICE of Appearance by attorney MARY J. CARLSON on behalf of Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP (CARLSON, MARY) (Entered: 11/01/2016)

Nov. 1, 2016

Nov. 1, 2016

PACER
28

NOTICE of Appearance by attorney DONALD M. WRIGHT on behalf of Defendants KELLIE HARRIS HOPKINS, JAY MCROY, THOMAS S. PAYNE, II, JOHN B. TATE, III (WRIGHT, DONALD) (Entered: 11/01/2016)

Nov. 1, 2016

Nov. 1, 2016

PACER
29

NOTICE of Appearance by attorney MISTY R. LELAND on behalf of Defendant MOORE COUNTY BOARD OF ELECTIONS (LELAND, MISTY) (Entered: 11/01/2016)

Nov. 1, 2016

Nov. 1, 2016

PACER
30

Duplicate NOTICE of Appearance by attorney MISTY R. LELAND on behalf of Defendant MOORE COUNTY BOARD OF ELECTIONS (LELAND, MISTY) Modified on 11/4/2016 to reflect duplicate of Doc. 31 .(Daniel, J) (Entered: 11/01/2016)

Nov. 1, 2016

Nov. 1, 2016

PACER
31

***FILED IN ERROR***NOTICE of Appearance by attorney MISTY R. LELAND on behalf of Defendant MOORE COUNTY BOARD OF ELECTIONS (LELAND, MISTY) Modified on 11/4/2016 to reflect filed in error. (Daniel, J) (Entered: 11/01/2016)

Nov. 1, 2016

Nov. 1, 2016

PACER
32

MOTION to Dismiss, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction by MOORE COUNTY BOARD OF ELECTIONS. Responses due by 11/2/2016 (Attachments: # 1 Affidavit)(LELAND, MISTY) (Entered: 11/01/2016)

1 Affidavit

View on PACER

Nov. 1, 2016

Nov. 1, 2016

Clearinghouse
33

STATEMENT OF INTEREST OF THE UNITED STATES filed pursuant to 28 U.S.C. 517 re 21 AMENDED MOTION for Temporary Restraining Order by Interested Party UNITED STATES. (COOPER, DAVID) (Entered: 11/01/2016)

Nov. 1, 2016

Nov. 1, 2016

Clearinghouse
34

DECLARATION filed by Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP re 21 MOTION for Temporary Restraining Order MOTION for Temporary Restraining Order Declaration of Duane Edward Anderson filed by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (LEYTON, STACEY) (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

PACER

Order on Motion to Exceed Page Limit

Nov. 2, 2016

Nov. 2, 2016

PACER
35

DECLARATION filed by Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP re 21 MOTION for Temporary Restraining Order MOTION for Temporary Restraining Order Supplemental Declaration of Luke Taylor filed by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D (part 1 of 2), # 5 Exhibit D (part 2 of 2))(LEYTON, STACEY) (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

PACER
36

DECLARATION filed by Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP re 21 MOTION for Temporary Restraining Order MOTION for Temporary Restraining Order Supplemental Declaration of Hannah Cole filed by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (LEYTON, STACEY) (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

PACER
37

CERTIFICATE OF SERVICE by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP re 36 Declaration,, 35 Declaration,, 34 Declaration,, (LEYTON, STACEY) (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

PACER
38

NOTICE of Appearance by attorney LEAH J. KANG on behalf of Plaintiffs JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP (KANG, LEAH) (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

PACER
39

NOTICE by RHONDA K. AMOROSO, JAMES BAKER, MAJA KRICKER, JOSHUA D. MALCOLM, KIM WESTBROOK STRACH, THE NORTH CAROLINA STATE BOARD OF ELECTIONS, A. GRANT WHITNEY, JR of Filing Declaration of Kim Strach in Opposition to Plaintiffs' Application for Temporary Restraining Order (Attachments: # 1 Declaration of Kim Strach)(BERNIER, JAMES) (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

PACER
40

Minute Entry for proceedings held before JUDGE LORETTA C. BIGGS in Winston-Salem: Hearing held on 11/2/2016 re: 21 AMENDED MOTION for Temporary Restraining Order. Attorneys Stacey Leyton, Penda Hair, Irving Joyner, Eric Brown, Connie Chan, Leah Kang, Caitlin Swain and Mary Joyce Carolson present on behalf of Plaintiffs. Assistant Attorney General James Bernier, Jr. and Sr. Deputy Attorney General Alexander Peters present on behalf of NC State Board of Election Defendants. Attorneys Joshua Bennett and Donald Wright present on behalf of Beaufort County Board of Elections Defendants. Attorneys Misty Leland and R. Ward Medlin present on behalf of Moore County Board of Elections Defendants. Attorney Ricky Moorefield present on behalf of Cumberland County Board of Elections Defendants. Arguments and evidence presented regarding 21 AMENDED MOTION for Temporary Restraining Order (see 40 attached Exhibit and Witness List). Court takes matter under advisement. Written Order forthcoming. Moore County Board of Elections Defendants withdraw 32 Motion to Dismiss in open court. (Court Reporter Lori Russell.) (Samuel-Priestley, Tina) (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

PACER

ORAL ORDER GRANTING 22 Motion to Exceed Page Limit. Issued by JUDGE LORETTA C. BIGGS on 11/2/2016. (Samuel-Priestley, Tina)

Nov. 2, 2016

Nov. 2, 2016

PACER
41

NOTICE of Appearance by attorney RICKEY L. MOOREFIELD on behalf of Defendants JAMES H. BAKER, CUMBERLAND COUNTY BOARD OF ELECTIONS, ROBERT KEVIN HIGHT, HARVEY RAYNOR, III, TERRI ROBERTSON (MOOREFIELD, RICKEY) (Entered: 11/03/2016)

Nov. 3, 2016

Nov. 3, 2016

PACER
42

MEMORANDUM OPINION signed by JUDGE LORETTA C. BIGGS on 11/4/2016, that the Court concludes that Plaintiffs' Motion for Preliminary Injunction should be, in this Court's discretion, granted in part and denied in part. An Order granting a Preliminary Injunction shall be filed simultaneously with this Memorandum Opinion. (Butler, Carol)

Nov. 4, 2016

Nov. 4, 2016

Clearinghouse
43

ORDER GRANTING PRELIMINARY INJUNCTION, signed by JUDGE LORETTA C. BIGGS on 11/4/2016, that Plaintiffs' motion for preliminary injunction is GRANTED IN PART to the extent as set forth herein, that Defendants and their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them, shall take all steps necessary to restore the voter registrations that were canceled during the 90-day period preceding the November 8, 2016 election through application of the challenge procedure set forth in N.C. Gen. Stat. §§ 163-85 and 163-86, and to ensure that those voters are able to vote in the upcoming November 8, 2016 election as they would prior to the challenge and subsequent cancellation of their voter registrations. Defendants and their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them, are HEREBY ENJOINED AND RESTRAINED from preventing or otherwise interfering with these individual's right to vote, as well as any other individual whose right to vote was challenged pursuant to N.C. Gen. Stat. §§ 163-85 and 163-86 within 90 days of the November 8, 2016 election. FURTHER that Defendants and their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them, shall issue directives and take all other measures to ensure that any challenged voters are restored to their status prior to the challenge and subsequent removal so that they may be allowed to vote on or before November 8, 2016 and in future elections, including prohibiting any same day challenges to such voters under N.C. Gen. Stat. § 163-87 if they appear to vote in person on November 8, 2016. FURTHER ORDERED that Defendants and their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them, are HEREBY ENJOINED AND RESTRAINED from canceling the registration of voters through the challenge procedures set forth in N.C. Gen. Stat. §§ 163- 85 and 163-86, when those challenges are based on change of residency and the State has neither received written confirmation from the voter of a change in residency outside of the county, nor complied with the NVRA's notice requirement and two-election cycle waiting period; from using the challenge procedure set forth in N.C. Gen. Stat. §§ 163-85 and 163-86 to remove voters from the rolls based on change of residency information in the 90 days preceding a Federal election; and from holding hearings or taking any other action(s) to process challenges filed under those provisions in the circumstances identified above. FURTHER that if any challenged voter has already cast a provisional or challenged ballot, for purposes of counting those ballots, Defendants and their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them, shall treat the status of those voters as registered in their respective counties on the date the votes were cast. FURTHER that if any challenged voter has requested and been denied an absentee ballot for the November 8, 2016 election on the ground that the voter is not registered in the county, Defendants and their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them, shall immediately take whatever steps are necessary to ensure that the voter receives and absentee ballot and is able to cast it on time and have the vote counted, unless the voter voluntarily chooses to vote in person at the polls. FURTHER ORDERED that if any challenged voter has been or is provided an absentee ballot for the November 8, 2016 election and has voted, Defendants and their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them, shall not reject the ballot on the ground that the voter is not registered in the county or precinct, but rather shall treat the ballot as having been cast by a voter whose registration status is that which existed prior to having been challenged and removed from the voter rolls. FURTHER that Defendant Strach shall take all reasonable and necessary steps to ensure statewide compliance with the NVRA consistent with this Court's Memorandum Opinion and this Order. (Butler, Carol) (Entered: 11/04/2016)

Nov. 4, 2016

Nov. 4, 2016

Clearinghouse
44

MOTION for Extension of Time to File Answer re 1 Complaint, by KELLIE HARRIS HOPKINS, JAY MCROY, THOMAS S. PAYNE, II, JOHN B. TATE, III, THE BEAUFORT COUNTY BOARD OF ELECTIONS. (Attachments: # 1 Text of Proposed Order)(BENNETT, JOSHUA) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

PACER

Order on Motion for Extension of Time to Answer

Nov. 14, 2016

Nov. 14, 2016

PACER
45

Summons Issued as to All Defendants. (Coyne, Michelle) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

PACER
46

Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: # 1 Consent Form)(Coyne, Michelle) (Entered: 11/14/2016)

Nov. 14, 2016

Nov. 14, 2016

PACER

ORDER granting 44 Motion for Extension of Time to Answer for KELLIE HARRIS HOPKINS; JAY MCROY; THOMAS S. PAYNE, II; JOHN B. TATE, III; and THE BEAUFORT COUNTY BOARD OF ELECTIONS. Answer due by 12/22/2016. Signed by John Brubaker, Clerk of Court, on 11/14/2016. (Brubaker, John)

Nov. 14, 2016

Nov. 14, 2016

PACER
47

MOTION for Extension of Time to File Answer re 1 Complaint, by RHONDA K. AMOROSO, JAMES BAKER, MAJA KRICKER, JOSHUA D. MALCOLM, KIM WESTBROOK STRACH, THE NORTH CAROLINA STATE BOARD OF ELECTIONS, A. GRANT WHITNEY, JR. (Attachments: # 1 Text of Proposed Order)(BERNIER, JAMES) (Entered: 11/16/2016)

Nov. 16, 2016

Nov. 16, 2016

PACER
48

First MOTION for Extension of Time to File Answer by MOORE COUNTY BOARD OF ELECTIONS. (LELAND, MISTY) (Entered: 11/16/2016)

Nov. 16, 2016

Nov. 16, 2016

PACER

Order on Motion for Extension of Time to Answer

Nov. 16, 2016

Nov. 16, 2016

PACER

ORDER granting 47 Motion for Extension of Time to Answer for RHONDA K. AMOROSO; JAMES BAKER; MAJA KRICKER; JOSHUA D. MALCOLM; KIM WESTBROOK STRACH; THE NORTH CAROLINA STATE BOARD OF ELECTIONS; and A. GRANT WHITNEY, JR. Answer due by 12/22/2016. Signed by John Brubaker, Clerk of Court, on 11/16/2016. (Brubaker, John)

Nov. 16, 2016

Nov. 16, 2016

PACER

ORDER granting 48 Motion for Extension of Time to Answer for SUSAN T. ADAMS; GLENDA M. CLENDENIN; CAROLYN M. MCDERMOTT; MOORE COUNTY BOARD OF ELECTIONS; and WILLIAM R. PARKE. Answer due by 12/24/2016. Signed by John Brubaker, Clerk of Court, on 11/16/2016. (Brubaker, John)

Nov. 16, 2016

Nov. 16, 2016

PACER
49

NOTICE of Appearance by attorney MISTY R. LELAND on behalf of Defendants SUSAN T. ADAMS, GLENDA M. CLENDENIN, CAROLYN M. MCDERMOTT, MOORE COUNTY BOARD OF ELECTIONS, WILLIAM R. PARKE (LELAND, MISTY) (Entered: 11/18/2016)

Nov. 18, 2016

Nov. 18, 2016

PACER

Order on Motion for Extension of Time to Answer

Nov. 18, 2016

Nov. 18, 2016

PACER
50

MOTION for Extension of Time to File Answer by SUSAN T. ADAMS, GLENDA M. CLENDENIN, CAROLYN M. MCDERMOTT, MOORE COUNTY BOARD OF ELECTIONS, WILLIAM R. PARKE. (LELAND, MISTY) (Entered: 11/18/2016)

Nov. 18, 2016

Nov. 18, 2016

PACER
51

Amended MOTION for Extension of Time to File Answer by SUSAN T. ADAMS, GLENDA M. CLENDENIN, CAROLYN M. MCDERMOTT, MOORE COUNTY BOARD OF ELECTIONS, WILLIAM R. PARKE. (Attachments: # 1 ORDER)(LELAND, MISTY) (Entered: 11/18/2016)

Nov. 18, 2016

Nov. 18, 2016

PACER

ORDER granting 51 Motion for Extension of Time to Answer for SUSAN T. ADAMS; GLENDA M. CLENDENIN; CAROLYN M. MCDERMOTT; MOORE COUNTY BOARD OF ELECTIONS; and WILLIAM R. PARKE. Answer due by 12/27/2016. Signed by John Brubaker, Clerk of Court, on 11/18/2016. (Brubaker, John)

Nov. 18, 2016

Nov. 18, 2016

PACER
52

MOTION for Extension of Time to File Answer re 1 Complaint, by JAMES H. BAKER, CUMBERLAND COUNTY BOARD OF ELECTIONS, ROBERT KEVIN HIGHT, HARVEY RAYNOR, III, TERRI ROBERTSON. (Attachments: # 1 Text of Proposed Order Proposed Order)(MOOREFIELD, RICKEY) (Entered: 11/18/2016)

Nov. 18, 2016

Nov. 18, 2016

PACER

Order on Motion for Extension of Time to Answer

Nov. 21, 2016

Nov. 21, 2016

PACER

ORDER granting 52 Motion for Extension of Time to Answer for JAMES H. BAKER; CUMBERLAND COUNTY BOARD OF ELECTIONS; ROBERT KEVIN HIGHT; HARVEY RAYNOR, III; and TERRI ROBERTSON. Answer due by 12/22/2016. Signed by John Brubaker, Clerk of Court, on 11/21/2016. (Brubaker, John)

Nov. 21, 2016

Nov. 21, 2016

PACER
53

Joint MOTION for Extension of Time to File Answer re 1 Complaint, by the Beaufort, Moore, and Cumberland County Boards of Elections by THE BEAUFORT COUNTY BOARD OF ELECTIONS. (Attachments: # 1 Text of Proposed Order)(BENNETT, JOSHUA) (Entered: 12/15/2016)

Dec. 15, 2016

Dec. 15, 2016

PACER

Motions Referred

Dec. 15, 2016

Dec. 15, 2016

PACER

Motion Referred: RE: 53 Joint MOTION for Extension of Time to File Answer re: 1 Complaint, by the Beaufort, Moore, and Cumberland County Boards of Elections, to MAGISTRATE JUDGE JOE L. WEBSTER. (Samuel-Priestley, Tina)

Dec. 15, 2016

Dec. 15, 2016

PACER
54

Declaration of Proof of Service served on All Defendants on 11/22/2016, filed by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. . (BROWN, ERIC) (Entered: 12/16/2016)

Dec. 16, 2016

Dec. 16, 2016

PACER

Order on Motion for Extension of Time to Answer

Dec. 20, 2016

Dec. 20, 2016

PACER

TEXT ORDER by MAG/JUDGE JOE L. WEBSTER on 12/20/16, granting 53 Joint MOTION for Extension of Time to File Answer re: 1 Complaint until 1/26/17. Answer due by 1/26/2017. (Garrett, Kim)

Dec. 20, 2016

Dec. 20, 2016

PACER
55

ANSWER to 1 Complaint, by RHONDA K. AMOROSO, JAMES BAKER, MAJA KRICKER, JOSHUA D. MALCOLM, KIM WESTBROOK STRACH, THE NORTH CAROLINA STATE BOARD OF ELECTIONS, A. GRANT WHITNEY, JR. (BERNIER, JAMES) (Entered: 12/22/2016)

Dec. 22, 2016

Dec. 22, 2016

Clearinghouse
56

MOTION to Dismiss by KELLIE HARRIS HOPKINS, JAY MCROY, THOMAS S. PAYNE, II, JOHN B. TATE, III, THE BEAUFORT COUNTY BOARD OF ELECTIONS. Response to Motion due by 2/16/2017 (Attachments: # 1 Exhibit A, # 2 Exhibit B) (BENNETT, JOSHUA) (Entered: 01/26/2017)

1 Exhibit A

View on RECAP

2 Exhibit B

View on RECAP

Jan. 26, 2017

Jan. 26, 2017

Clearinghouse
57

BRIEF re 56 MOTION to Dismiss . (BENNETT, JOSHUA) (Entered: 01/26/2017)

Jan. 26, 2017

Jan. 26, 2017

Clearinghouse
58

ANSWER to 1 Complaint, with Jury Demand by KELLIE HARRIS HOPKINS, JAY MCROY, THOMAS S. PAYNE, II, JOHN B. TATE, III, THE BEAUFORT COUNTY BOARD OF ELECTIONS. (BENNETT, JOSHUA) (Entered: 01/26/2017)

Jan. 26, 2017

Jan. 26, 2017

Clearinghouse
59

MOTION to Dismiss by JAMES H. BAKER, CUMBERLAND COUNTY BOARD OF ELECTIONS, ROBERT KEVIN HIGHT, HARVEY RAYNOR, III, TERRI ROBERTSON. Response to Motion due by 2/16/2017 (MOOREFIELD, RICKEY) (Entered: 01/26/2017)

Jan. 26, 2017

Jan. 26, 2017

Clearinghouse
60

BRIEF re 59 MOTION to Dismiss by Defendants JAMES H. BAKER, CUMBERLAND COUNTY BOARD OF ELECTIONS, ROBERT KEVIN HIGHT, HARVEY RAYNOR, III, TERRI ROBERTSON filed by JAMES H. BAKER, CUMBERLAND COUNTY BOARD OF ELECTIONS, ROBERT KEVIN HIGHT, HARVEY RAYNOR, III, TERRI ROBERTSON. (MOOREFIELD, RICKEY) (Entered: 01/26/2017)

Jan. 26, 2017

Jan. 26, 2017

Clearinghouse
61

MOTION to Dismiss by SUSAN T. ADAMS, GLENDA M. CLENDENIN, CAROLYN M. MCDERMOTT, MOORE COUNTY BOARD OF ELECTIONS, WILLIAM R. PARKE. Response to Motion due by 2/16/2017 (Attachments: # 1 Affidavit)(LELAND, MISTY) (Entered: 01/26/2017)

1 Affidavit

View on RECAP

Jan. 26, 2017

Jan. 26, 2017

Clearinghouse
62

BRIEF re 61 MOTION to Dismiss . (LELAND, MISTY) (Entered: 01/26/2017)

Jan. 26, 2017

Jan. 26, 2017

Clearinghouse
63

ANSWER to 1 Complaint, by SUSAN T. ADAMS, GLENDA M. CLENDENIN, CAROLYN M. MCDERMOTT, MOORE COUNTY BOARD OF ELECTIONS, WILLIAM R. PARKE. (LELAND, MISTY) (Entered: 01/26/2017)

Jan. 26, 2017

Jan. 26, 2017

Clearinghouse
64

MOTION for Extension of Time to File Response/Reply as to 59 MOTION to Dismiss, 61 MOTION to Dismiss, 56 MOTION to Dismiss by JAMES EDWARD ARTHUR, SR, JAMES MICHAEL BROWER, JAMES L. COX, GRACE BELL HARDISON, MOORE COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (Attachments: # 1 Text of Proposed Order)(LEYTON, STACEY) (Entered: 02/03/2017)

Feb. 3, 2017

Feb. 3, 2017

PACER

Motions Submitted

Feb. 10, 2017

Feb. 10, 2017

PACER

Motions Submitted: 64 MOTION for Extension of Time to File Response/Reply as to 59 MOTION to Dismiss, 61 MOTION to Dismiss, 56 MOTION to Dismiss to JUDGE LORETTA C. BIGGS- (Williamson, Wanda)

Feb. 10, 2017

Feb. 10, 2017

PACER

Motions No Longer Submitted

Feb. 10, 2017

Feb. 10, 2017

PACER

Motions No Longer Submitted to JUDGE LORRETTA C. BIGGS 64 MOTION for Extension of Time to File Response/Reply as to 59 MOTION to Dismiss, 61 MOTION to Dismiss, 56 MOTION to Dismiss (Williamson, Wanda)

Feb. 10, 2017

Feb. 10, 2017

PACER

Motions Referred

Feb. 10, 2017

Feb. 10, 2017

PACER

Motions Referred: RE: 64 MOTION for Extension of Time to File Response/Reply as to 59 MOTION to Dismiss, 61 MOTION to Dismiss, 56 MOTION to Dismiss, to MAG/JUDGE JOE L. WEBSTER (Williamson, Wanda)

Feb. 10, 2017

Feb. 10, 2017

PACER

Order on Motion for Extension of Time to File Response/Reply

Feb. 14, 2017

Feb. 14, 2017

PACER

TEXT ORDER granting 64 Motion for Extension of Time to File Response to Motions to Dismiss. Plaintiffs shall have up to and including March 17, 2017 to respond to the pending motions to dismiss. Issued by MAG/JUDGE JOE L. WEBSTER on 2/14/2017. (Lee, Pedra)

Feb. 14, 2017

Feb. 14, 2017

PACER
65

RESPONSE in Opposition re 59 MOTION to Dismiss, 61 MOTION to Dismiss, 56 MOTION to Dismiss filed by RHONDA K. AMOROSO, JAMES BAKER, MAJA KRICKER, JOSHUA D. MALCOLM, KIM WESTBROOK STRACH, THE NORTH CAROLINA STATE BOARD OF ELECTIONS, A. GRANT WHITNEY, JR. Replies due by 3/2/2017 (Attachments: # 1 Exhibit A Numbered Memo 2016-23)(BERNIER, JAMES) (Entered: 02/16/2017)

1 Exhibit A Numbered Memo 2016-23

View on RECAP

Feb. 16, 2017

Feb. 16, 2017

Clearinghouse
66

MOTION for Extension of Time to File Response/Reply as to 65 Response in Opposition to Motion, by KELLIE HARRIS HOPKINS, JAY MCROY, THOMAS S. PAYNE, II, JOHN B. TATE, III, THE BEAUFORT COUNTY BOARD OF ELECTIONS. (Attachments: # 1 Text of Proposed Order)(BENNETT, JOSHUA) (Entered: 02/20/2017)

Feb. 20, 2017

Feb. 20, 2017

PACER

Motions Referred

Feb. 21, 2017

Feb. 21, 2017

PACER

Motions Referred: RE: 66 MOTION for Extension of Time to File Reply as to 65 Response in Opposition to Motion to MAG/JUDGE JOE L. WEBSTER. (Kemp, Donita)

Feb. 21, 2017

Feb. 21, 2017

PACER

Order on Motion for Extension of Time to File Response/Reply

Feb. 22, 2017

Feb. 22, 2017

PACER

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: Oct. 31, 2016

Closing Date: Dec. 20, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The NC NAACP, a nonpartisan, nonprofit organization, whose headquarters are in Durham, North Carolina. With over 100 branches and more than 20,000 individual members throughout the state of North Carolina, the North Carolina NAACP is the largest NAACP conference in the South and the second largest conference in the country. The North Carolina NAACP has members who are citizens and registered voters in each of the state’s 100 counties, including the 40 counties formerly covered by the pre-clearance formula under Section 4(b) of the federal Voting Rights Act. Also multiple plaintiffs were African American North Carolina residents who claimed disenfranchisement.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

NORTH CAROLINA STATE BOARD OF ELECTIONS, State

BEAUFORT COUNTY BOARD OF ELECTIONS (Beaufort), County

MOORE COUNTY BOARD OF ELECTIONS (Moore), County

CUMBERLAND COUNTY BOARD OF ELECTIONS (Cumberland), County

Case Details

Causes of Action:

National Voter Registration Act ("Motor Voter law"), 52 U.S.C. § 20501 (previously 42 U.S.C. § 1973gg)

42 U.S.C. § 1983

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Reinstatement

Voter Registration

Amount Defendant Pays: $619,000

Order Duration: 2018 - None

Issues

General/Misc.:

Access to lawyers or judicial system

Pattern or Practice

Discrimination Area:

Disparate Impact

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Voting:

Voter registration rules

Voting: General & Misc.