Case: Griffin v. North Carolina Board of Elections

5:24-cv-00731 | U.S. District Court for the Eastern District of North Carolina

Filed Date: Dec. 23, 2024

Closed Date: May 5, 2025

Clearinghouse coding complete

Case Summary

In November 2024, a Democrat candidate, Allison Riggs, narrowly won an open seat on the North Carolina Supreme Court. The Republican candidate, Griffin, filed a protest with the State Board of Elections, arguing that about 60,000 votes should be discarded because voter forms omitted information required by state law. The case was originally assigned to United States District Judge Terrence W. Boyle, but was reassigned to U.S. District Judge Richard E. Myers II on January 3, 2025. After the Stat…

In November 2024, a Democrat candidate, Allison Riggs, narrowly won an open seat on the North Carolina Supreme Court. The Republican candidate, Griffin, filed a protest with the State Board of Elections, arguing that about 60,000 votes should be discarded because voter forms omitted information required by state law. The case was originally assigned to United States District Judge Terrence W. Boyle, but was reassigned to U.S. District Judge Richard E. Myers II on January 3, 2025.

After the State Board of Elections rejected his challenges, dismissing them on procedural grounds and on the merits, Griffin sought a writ of prohibition in the North Carolina Supreme Court (“Griffin I,” 320P24-3) and separately petitioned for review of the Board’s dismissal of his challenges in state Superior Court (“Griffin II,” 24CV040619-910). The Board removed both cases to the U.S. District Court for the Eastern District of North Carolina, but the District Court remanded them back to the state courts for lack of subject-matter jurisdiction. The same day, the North Carolina State Board of Elections appealed the remand. On February 4, 2025, the U.S. Court of Appeals for the Fourth Circuit reviewed and directed the District Court to modify its order to expressly retain jurisdiction of the federal issues identified in the Board’s notice of removal should those issues remain after the resolution of the state court proceedings, including any appeals. 

On remand, the Superior Court affirmed the Board’s dismissal of Griffin’s protests on February 7, 2025. Griffin appealed to the North Carolina Court of Appeals, which reversed the Superior Court’s decision on April 4, 2025 and remanded the matter to the Board with specific instructions, including instructions to notify challenged voters and allow them to cure any registration defects. On April 6, 2025, the Board and intervenor Allison Riggs filed motions for temporary stay, petitions for writs of supersedeas (a legal mechanism to temporarily halt the enforcement of a judgment or order), and petitions for discretionary review at the North Carolina Supreme Court. The state Supreme Court allowed the motions for temporary stay on April 7, 2025. But on April 11, 2025, the North Carolina Supreme Court dissolved the temporary stay, denying review except to order the North Carolina Court of Appeals to alter its instructions to the Board to expand the period for voters to cure deficiencies after the Board’s mailing of notice to the challenged voters. 

That same day, Riggs filed an emergency motion for preliminary injunction in the U.S. District Court asking that the Board be prohibited from proceeding in accordance with the state court opinions. On April 12, 2025, Judge Myers at the District Court granted it in part, ordering the Board to proceed in accordance with the North Carolina Court of Appeals opinion as modified by the North Carolina Supreme Court, but ordering it not to certify the results of the election pending further order of the District Court. 


Consolidation in the U.S. District Court

Back in December 2024, the North Carolina Democratic Party filed a complaint against the Board, seeking a declaration that federal law prohibits discarding votes based on Griffin’s protests. North Carolina Democratic Party v. North Carolina State Board of Elections et al. (5:25-cv-00699, E.D. Va.). On April 14, 2025, four North Carolina voters and the League of Women voters filed a class action complaint against the Board, seeking to enjoin the Board from requiring a proposed class of challenged voters to cure registration deficiencies as required by Judge Myers’s April 12 order and also seeking injunctive and declaratory relief against Board’s certification of Griffin as the winner of the election. Conley et al. v. Hirsch et al. (5:25-cv-00193, E.D. Va.).

The same day, on April 14, 2025, the District Court sua sponte consolidated both of these cases into the lead case Griffin v. North Carolina Board of Elections (5:24-cv-00731), finding that they involved common questions of law or fact. 


Griffin Concedes

On April 14 & 15, 2025, defendants filed multiple emergency motions to stay Judge Myers’ April 12 preliminary injunction order and motions for an injunction pending interlocutory appeal in the Fourth Circuit. Judge Myers denied both motions the same day, reasoning that there was sufficient time to allow full briefing by the parties on their respective requests.

The Fourth Circuit decided on the interlocutory appeal on April 22, 2025 and granted Riggs’ motion to stay. The Fourth Circuit further enjoined the Board from mailing any notice to challenged voters pending the District Court’s resolution of Riggs’ motion for a preliminary injunction.

Finally, on May 5, 2025, Judge Myers ordered the election be certified with Riggs as the winner of the seat, declaring that retroactively throwing out the challenged votes would violate the voters’ constitutional right to substantive due process, equal protection, and procedural due process. On May 7, 2025, Griffin conceded to incumbent Justice Allison Riggs, ending the dispute.

Summary Authors

Madison Krumins (3/22/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69489473/parties/griffin-v-north-carolina-state-board-of-elections/


Judge(s)
Attorney for Plaintiff

Babbitt, Christopher (North Carolina)

Baronia, Nitisha (North Carolina)

Attorney for Defendant

Babb, Mary Carla (North Carolina)

Dowling, William Michael (North Carolina)

Expert/Monitor/Master/Other

Delancy, Jay Norman (North Carolina)

show all people

Documents in the Clearinghouse

Document

910:24-40619

Case Summary

North Carolina state trial court

Dec. 20, 2024

Dec. 20, 2024

Docket

910:24-40619

Notice of Appeal and Verified Petition for Judicial Review (Never Residents)

North Carolina state trial court

Dec. 13, 2024

Dec. 13, 2024

Pleading / Motion / Brief
2

320P24-3

Petition for Writ of Prohibition

North Carolina state supreme court

Dec. 18, 2024

Dec. 18, 2024

Complaint
24

5:24-cv-00731

Order

Jan. 6, 2025

Jan. 6, 2025

Order/Opinion
50

5:24-cv-00724

Order

Jan. 6, 2025

Jan. 6, 2025

Order/Opinion
132

25-01018

Unpublished per curiam opinion

U.S. Court of Appeals for the Fourth Circuit

Feb. 4, 2025

Feb. 4, 2025

Order/Opinion
133-1

25-01018

Judgment

U.S. Court of Appeals for the Fourth Circuit

Feb. 4, 2025

Feb. 4, 2025

Order/Opinion
33

25-01020

Unpublished Per Curiam Opinion

U.S. Court of Appeals for the Fourth Circuit

Feb. 4, 2025

Feb. 4, 2025

Order/Opinion

25-00181

Opinion of the Court

North Carolina state appellate court

April 4, 2025

April 4, 2025

Order/Opinion

320P24-3

Order

North Carolina state supreme court

April 11, 2025

April 11, 2025

Order/Opinion

913 S.E.2d 894

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69489473/griffin-v-north-carolina-state-board-of-elections/

Last updated March 18, 2026, 5:15 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL by North Carolina State Board of Elections from Wake County Superior Court, case number 24CV040622-910, 24-CV040619-910, 24CV040620-910. ( Filing fee $ 405 receipt number ANCEDC-7906098), filed by North Carolina State Board of Elections. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet Supplemental Removal Cover Sheet, # 3 Index, # 4 Exhibit 1-PJR Never Residents, # 5 Exhibit 2-PJR Never Residents - TRO motion, # 6 Exhibit 3-PJR Never Residents - Cover Sheet, # 7 Exhibit 4-PJR Never Residents - Summons, # 8 Exhibit 5-PJR Incomplete Registration, # 9 Exhibit 6-PJR Incomplete Registration - TRO Motion, # 10 Exhibit 7-PJR Incomplete Registration - Cover sheet, # 11 Exhibit 8-PJR Incomplete Registration - Summons, # 12 Exhibit 9-PJR Oversea ID, # 13 Exhibit 10-PJR Oversea ID - TRO Motion, # 14 Exhibit 11-PJR Oversea ID - Cover sheet, # 15 Exhibit 12-PJR Oversea ID - Summons) (Babb, Mary) (Entered: 12/20/2024)

1 Civil Cover Sheet

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2 Civil Cover Sheet Supplemental Removal Cover Sheet

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3 Index

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4 Exhibit 1-PJR Never Residents

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5 Exhibit 2-PJR Never Residents - TRO motion

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6 Exhibit 3-PJR Never Residents - Cover Sheet

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7 Exhibit 4-PJR Never Residents - Summons

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8 Exhibit 5-PJR Incomplete Registration

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9 Exhibit 6-PJR Incomplete Registration - TRO Motion

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10 Exhibit 7-PJR Incomplete Registration - Cover sheet

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11 Exhibit 8-PJR Incomplete Registration - Summons

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12 Exhibit 9-PJR Oversea ID

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13 Exhibit 10-PJR Oversea ID - TRO Motion

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14 Exhibit 11-PJR Oversea ID - Cover sheet

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15 Exhibit 12-PJR Oversea ID - Summons

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Dec. 20, 2024

Dec. 20, 2024

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2

Notice of Related Case filed by North Carolina State Board of Elections . (Babb, Mary) (Entered: 12/20/2024)

Dec. 20, 2024

Dec. 20, 2024

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3

Financial Disclosure Statement by North Carolina State Board of Elections (Babb, Mary) (Entered: 12/20/2024)

Dec. 20, 2024

Dec. 20, 2024

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4

Notice of Appearance filed by Terence Steed on behalf of North Carolina State Board of Elections. (Steed, Terence) (Entered: 12/20/2024)

Dec. 20, 2024

Dec. 20, 2024

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5

Notice filed by North Carolina State Board of Elections regarding 1 Notice of Removal,,, State Court Notice of Removal - Never Residents Protests (24cv040619-910). (Babb, Mary) (Entered: 12/20/2024)

Dec. 20, 2024

Dec. 20, 2024

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6

Notice filed by North Carolina State Board of Elections regarding 1 Notice of Removal,,, State Court Notice of Removal - Incomplete Registration (24cv040620-910). (Babb, Mary) (Entered: 12/20/2024)

Dec. 20, 2024

Dec. 20, 2024

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7

Notice filed by North Carolina State Board of Elections regarding 1 Notice of Removal,,, State Court Notice of Removal - Overseas ID Protests (24cv040622-910). (Babb, Mary) (Entered: 12/20/2024)

Dec. 20, 2024

Dec. 20, 2024

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8

Notice regarding 1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiff's Counsel, W. Michael Dowling, Craig D. Schauer & Troy D. Shelton of Dowling PLLC at 3801 Lake Boone Trail, Suite 2600, Raleigh, NC 27607 and Philip R. Thomas of Chalmers, Adams, Backer & Kaufman, PLLC at 204 N Person St., Raleigh, NC 27601 sent via US Mail on December 30, 2024. (Rudd, D.) (Entered: 12/30/2024)

Dec. 30, 2024

Dec. 30, 2024

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9

Notice of Appearance filed by Craig Daniel Schauer on behalf of Jefferson Griffin. (Schauer, Craig) (Entered: 12/30/2024)

Dec. 30, 2024

Dec. 30, 2024

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10

Notice of Appearance filed by Troy D. Shelton on behalf of Jefferson Griffin. (Shelton, Troy) (Entered: 12/30/2024)

Dec. 30, 2024

Dec. 30, 2024

RECAP
11

Notice of Appearance filed by Mary Carla Babb on behalf of North Carolina State Board of Elections. (Babb, Mary) (Entered: 12/30/2024)

Dec. 30, 2024

Dec. 30, 2024

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12

Notice of Appearance filed by Narendra K. Ghosh on behalf of North Carolina Alliance for Retired Americans, VoteVets Action Fund, Sarah Smith, Juanita Anderson. (Ghosh, Narendra) (Entered: 12/30/2024)

Dec. 30, 2024

Dec. 30, 2024

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13

MOTION to Intervene as Defendants filed by North Carolina Alliance for Retired Americans, VoteVets Action Fund, Sarah Smith, Juanita Anderson. (Attachments: # 1 Exhibit 1 -- Griffin Postcard, # 2 Exhibit 2 -- Dworkin Declaration, # 3 Exhibit 3 -- NCSBE Decision, # 4 Exhibit 4 -- Smith Declaration, # 5 Exhibit 5 -- Anderson Declaration, # 6 Exhibit 6 -- Mellman Declaration, # 7 Proposed Answer to Never Residents PJR, # 8 Proposed Answer to Voter Cancellation PJR, # 9 Proposed Answer to Incomplete Registration PJR, # 10 Text of Proposed Order) (Ghosh, Narendra) (Entered: 12/30/2024)

1 Exhibit 1 -- Griffin Postcard

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2 Exhibit 2 -- Dworkin Declaration

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3 Exhibit 3 -- NCSBE Decision

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4 Exhibit 4 -- Smith Declaration

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5 Exhibit 5 -- Anderson Declaration

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6 Exhibit 6 -- Mellman Declaration

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7 Proposed Answer to Never Residents PJR

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8 Proposed Answer to Voter Cancellation PJR

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9 Proposed Answer to Incomplete Registration PJR

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10 Text of Proposed Order

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Dec. 30, 2024

Dec. 30, 2024

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14

Memorandum in Support regarding 13 MOTION to Intervene as Defendants filed by North Carolina Alliance for Retired Americans, VoteVets Action Fund, Sarah Smith, Juanita Anderson. (Ghosh, Narendra) (Entered: 12/30/2024)

Dec. 30, 2024

Dec. 30, 2024

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15

Notice of Special Appearance for non-district by Christopher D. Dodge on behalf of North Carolina Alliance for Retired Americans, VoteVets Action Fund, Sarah Smith, Juanita Anderson. (Dodge, Christopher) (Entered: 12/30/2024)

Dec. 30, 2024

Dec. 30, 2024

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16

Notice of Special Appearance for non-district by Julie Zuckerbrod on behalf of North Carolina Alliance for Retired Americans, VoteVets Action Fund, Sarah Smith, Juanita Anderson. (Zuckerbrod, Julie) (Entered: 12/30/2024)

Dec. 30, 2024

Dec. 30, 2024

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17

Notice of Special Appearance for non-district by James Justin Pinchak on behalf of North Carolina Alliance for Retired Americans, VoteVets Action Fund, Sarah Smith, Juanita Anderson. (Pinchak, James) (Entered: 12/30/2024)

Dec. 30, 2024

Dec. 30, 2024

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Notice to Counsel

Dec. 30, 2024

Dec. 30, 2024

Notice to Counsel - All Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.)

Dec. 30, 2024

Dec. 30, 2024

18

Financial Disclosure Statement by North Carolina Alliance for Retired Americans (Ghosh, Narendra) (Entered: 12/31/2024)

Dec. 31, 2024

Dec. 31, 2024

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19

Financial Disclosure Statement by VoteVets Action Fund (Ghosh, Narendra) (Entered: 12/31/2024)

Dec. 31, 2024

Dec. 31, 2024

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20

Financial Disclosure Statement by Juanita Anderson (Ghosh, Narendra) (Entered: 12/31/2024)

Dec. 31, 2024

Dec. 31, 2024

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21

Notice of Special Appearance for non-district by Tina Meng Morrison on behalf of North Carolina Alliance for Retired Americans, VoteVets Action Fund, Sarah Smith, Juanita Anderson. (Morrison, Tina) (Entered: 12/31/2024)

Dec. 31, 2024

Dec. 31, 2024

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22

Financial Disclosure Statement by Sarah Smith (Ghosh, Narendra) (Entered: 12/31/2024)

Dec. 31, 2024

Dec. 31, 2024

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23

Notice of Appearance filed by William Michael Dowling on behalf of Jefferson Griffin. (Dowling, William) (Entered: 01/02/2025)

Jan. 2, 2025

Jan. 2, 2025

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TEXT ORDER REASSIGNING CASE. At the direction of the Court and for the continued efficient administration of justice, this case is reassigned to Chief United States District Judge Richard E. Myers II for all further proceedings. United States District Judge Terrence W. Boyle is no longer assigned to the case. All future filings should reflect the revised case number of 5:24-CV-731-M-RJ. Signed by Peter A. Moore, Jr., Clerk of Court on 1/3/2025.

Jan. 3, 2025

Jan. 3, 2025

Order Reassigning Case

Jan. 3, 2025

Jan. 3, 2025

24

ORDER regarding Plaintiff Jefferson Griffin's motions for temporary restraining order [DE 1-5; DE 1-9; DE 1-13]. The court sua sponte remands this matter to the Superior Court for Wake County. Signed by Chief U.S. District Judge Richard E. Myers II on 1/6/2025. (McNally, Kimberly) (Entered: 01/06/2025)

Jan. 6, 2025

Jan. 6, 2025

Clearinghouse
25

Letter regarding remand to Wake County Superior Court. (McNally, Kimberly) (Entered: 01/06/2025)

Jan. 6, 2025

Jan. 6, 2025

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26

Notice of Appeal filed by North Carolina State Board of Elections as to 24 Order,. Filing fee, receipt number ANCEDC-7922804. (Steed, Terence) (Entered: 01/06/2025)

Jan. 6, 2025

Jan. 6, 2025

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27

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding 26 Notice of Appeal. (Foell, S.) (Entered: 01/07/2025)

Jan. 7, 2025

Jan. 7, 2025

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28

US Court of Appeals Case Number 25-1020 (Rachel Phillips, Case Manager) as to 26 Notice of Appeal filed by North Carolina State Board of Elections. (Foell, S.) (Entered: 01/07/2025)

Jan. 7, 2025

Jan. 7, 2025

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29

ORDER of US Court of Appeals consolidating cases on appeal 25-1018, 25-1019 (5:24-CV- 724-M), 25-1020 (524-CV-731-M) and 25-1024 (5:24-CV-724-M).a (Foell, S.) (Entered: 02/04/2025)

Feb. 4, 2025

Feb. 4, 2025

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30

Unpublished Opinion from Fourth Circuit Court of Appeals. Affirmed in part, modified in part and remanded with instructions. (Foell, S.) (Entered: 02/04/2025)

Feb. 4, 2025

Feb. 4, 2025

Clearinghouse
31

US Court of Appeals Judgment as to 26 Notice of Appeal filed by North Carolina State Board of Elections. (Foell, S.) (Entered: 02/04/2025)

Feb. 4, 2025

Feb. 4, 2025

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34

MANDATE of US Court of Appeals as to 26 Notice of Appeal filed by North Carolina State Board of Elections. (Foell, S.) (Entered: 02/26/2025)

Feb. 14, 2025

Feb. 14, 2025

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32

Notice filed by North Carolina State Board of Elections of Fourth Circuit Mandate. (Steed, Terence) (Entered: 02/25/2025)

Feb. 25, 2025

Feb. 25, 2025

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33

Notice filed by North Carolina State Board of Elections Withdraw of Government Counsel. (Steed, Terence) (Entered: 02/25/2025)

Feb. 25, 2025

Feb. 25, 2025

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35

ORDER regarding 34 USCA Mandate. Signed by Chief U.S. District Judge Richard E. Myers II on 2/26/2025. (McNally, Kimberly) (Entered: 02/26/2025)

Feb. 26, 2025

Feb. 26, 2025

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36

Notice of Appearance filed by Samuel B. Hartzell on behalf of Allison Riggs. (Hartzell, Samuel) (Entered: 04/11/2025)

April 11, 2025

April 11, 2025

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37

Emergency MOTION for Preliminary Injunction and Motion for Status Conference filed by Allison Riggs. (Attachments: # 1 Text of Proposed Order) (Hartzell, Samuel) (Entered: 04/11/2025)

1 Text of Proposed Order

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April 11, 2025

April 11, 2025

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38

Notice of Appearance filed by Raymond M. Bennett on behalf of Allison Riggs. (Bennett, Raymond) (Entered: 04/11/2025)

April 11, 2025

April 11, 2025

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39

Declaration regarding 37 Emergency MOTION for Preliminary Injunction and Motion for Status Conference (Declaration of Samuel B. Hartzell) by Allison Riggs (Attachments: # 1 Exhibit 1 - Order, Griffin v. N.C. State Bd. of Elections, No. 320P24-3 (N.C. Apr. 11, 2025), # 2 Exhibit 2 - Notice of Fourth Circuit Opinion and England Reservation by Justice Riggs (Filed Feb. 6, 2025)) (Hartzell, Samuel) (Entered: 04/11/2025)

1 Exhibit 1 - Order, Griffin v. N.C. State Bd. of Elections, No. 320P24-3 (N.C. Ap

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2 Exhibit 2 - Notice of Fourth Circuit Opinion and England Reservation by Justice

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April 11, 2025

April 11, 2025

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40

Memorandum in Support regarding 37 Emergency MOTION for Preliminary Injunction and Motion for Status Conference filed by Allison Riggs. (Hartzell, Samuel) (Entered: 04/11/2025)

April 11, 2025

April 11, 2025

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41

Financial Disclosure Statement by Allison Riggs (Bennett, Raymond) (Entered: 04/11/2025)

April 11, 2025

April 11, 2025

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TEXT ORDER: This matter comes before the court on Intervenor-Defendant Allison Riggs' emergency motion for injunction and motion for status conference [DE 37]. Pursuant to the court's authority under the All Writs Act, the motion is GRANTED IN PART. Defendant North Carolina State Board of Elections is ORDERED to proceed in accordance with the North Carolina Court of Appeals opinion, Griffin v. N.C. State Bd. of Elections, No. COA25-181, 2025 WL 1021724 (N.C. Ct. App. Apr. 4, 2025), as modified by the North Carolina Supreme Court in its April 11 Order, but SHALL NOT certify the results of the election, pending further order of this court. Further, the court adopts the following briefing schedule to facilitate prompt resolution of this matter: each party may file an opening brief addressing the remaining federal issues no later than April 21, 2025. Response briefs shall be due no later than April 25, 2025. Replies shall be due April 28, 2025. Unless the court finds that oral argument will aid the decisional process, it intends to rule on the papers as soon as practicable. Entered by Chief Judge Richard E. Myers II on 4/12/2025. (Edwards, S.)

April 12, 2025

April 12, 2025

TEXT ORDER: This matter comes before the court sua sponte. On or before April 15, 2025, Defendant North Carolina State Board of Elections shall provide notice to the court of the scope of its remedial efforts, including the number of potentially affected voters and the counties in which those voters cast ballots. Entered by Chief Judge Richard E. Myers II on 4/12/2025. (Edwards, S.)

April 12, 2025

April 12, 2025

42

Notice of Related Case filed by Carrie Conley, Lockhart Webb, Ella Kromm, Gabriela Adler-Espino, League of Women Voters of North Carolina . (Marsden, Jessica) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

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43

Notice of Special Appearance for non-district by Lalitha Madduri on behalf of Juanita Anderson, North Carolina Alliance for Retired Americans, Sarah Smith, VoteVets Action Fund. (Madduri, Lalitha) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

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44

Notice of Interlocutory Appeal filed by Allison Riggs as to Order on Motion for Preliminary Injunction,,,,. Filing fee, receipt number ANCEDC-8068028. (Hartzell, Samuel) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

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45

Notice of Interlocutory Appeal filed by Juanita Anderson, North Carolina Alliance for Retired Americans, Sarah Smith, VoteVets Action Fund as to Order on Motion for Preliminary Injunction,,,,. Filing fee, receipt number ANCEDC-8068029. (Madduri, Lalitha) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

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46

Certificate of Service filed by Gabriela Adler-Espino, Carrie Conley, Ella Kromm, League of Women Voters of North Carolina, Lockhart Webb . (Marsden, Jessica) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

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47

Emergency MOTION to Stay regarding Order on Motion for Preliminary Injunction,,,, and for Injunction Pending Appeal filed by Allison Riggs. (Hartzell, Samuel) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

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48

Memorandum in Support regarding 47 Emergency MOTION to Stay regarding Order on Motion for Preliminary Injunction,,,, and for Injunction Pending Appeal filed by Allison Riggs. (Hartzell, Samuel) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

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49

Notice of Interlocutory Appeal filed by North Carolina Democratic Party. Filing fee, receipt number ANCEDC-8068120. (Robertson, William) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

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50

Notice filed by North Carolina Democratic Party regarding 47 Emergency MOTION to Stay regarding Order on Motion for Preliminary Injunction,,,, and for Injunction Pending Appeal Notice of Joinder in Motion to Stay and Injunction Pending Appeal. (Robertson, William) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

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51

Notice of Interlocutory Appeal filed by Gabriela Adler-Espino, Carrie Conley, Ella Kromm, League of Women Voters of North Carolina, Lockhart Webb. Filing fee, receipt number ANCEDC-8068150. (Marsden, Jessica) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

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~Util - Create Case Association

April 14, 2025

April 14, 2025

Submitted the 42 Notice of Related Case to Chief Judge Richard E. Myers II. (Edwards, S.)

April 14, 2025

April 14, 2025

Create Case Association

April 14, 2025

April 14, 2025

TEXT ORDER: This matter comes before the court sua sponte. Finding that Case Nos. 5:24-CV-731-M, 5:24-CV-699-M, and 5:25-CV-193-M "nvolve... common question[s] of law or fact," the court ORDERS that the actions are consolidated to promote judicial economy. Fed. R. Civ. P. 42(a). All future pleadings, motions, and other documents shall be filed with a triple caption and filed on the docket in case number 5:24-CV-00731-M. As reflected in the court's April 12 Text Order in Case No. 5:24-CV-00731-M, the court intends to resolve Plaintiff Jefferson Griffin's pending motions for injunctive relief as soon as practicable. To that end, all parties to this (now) consolidated action may participate in the briefing schedule set forth by the court in its April 12 Text Order. Entered by Chief Judge Richard E. Myers II on 4/14/2025. (Edwards, S.)

April 14, 2025

April 14, 2025

Lead Case associated with 5:24-CV-699-M and 5:25-CV-193-M. Signed by Chief Judge Richard E. Myers II on 4/14/2025. (Edwards, S.)

April 14, 2025

April 14, 2025

52

MOTION to Stay filed by Gabriela Adler-Espino, Carrie Conley, Ella Kromm, League of Women Voters of North Carolina, Lockhart Webb. (Marsden, Jessica) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

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53

Proposed Order regarding 52 MOTION to Stay filed by Gabriela Adler-Espino, Carrie Conley, Ella Kromm, League of Women Voters of North Carolina, Lockhart Webb. (Marsden, Jessica) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

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54

MOTION to Stay regarding Order on Motion for Preliminary Injunction,,,, and for Injunction Pending Appeal filed by Juanita Anderson, North Carolina Alliance for Retired Americans, Sarah Smith, VoteVets Action Fund. (Madduri, Lalitha) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

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55

Memorandum in Support regarding 54 MOTION to Stay regarding Order on Motion for Preliminary Injunction,,,, and for Injunction Pending Appeal filed by Juanita Anderson, North Carolina Alliance for Retired Americans, Sarah Smith, VoteVets Action Fund. (Madduri, Lalitha) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

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56

Proposed Order regarding 54 MOTION to Stay regarding Order on Motion for Preliminary Injunction,,,, and for Injunction Pending Appeal filed by Juanita Anderson, North Carolina Alliance for Retired Americans, Sarah Smith, VoteVets Action Fund. (Madduri, Lalitha) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

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57

Notice of Appearance filed by William A Robertson on behalf of North Carolina Democratic Party. (Robertson, William) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

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58

Declaration regarding 54 MOTION to Stay regarding Order on Motion for Preliminary Injunction,,,, and for Injunction Pending Appeal by Sarah Smith, Juanita Anderson, VoteVets Action Fund, North Carolina Alliance for Retired Americans filed by Sarah Smith, Juanita Anderson, VoteVets Action Fund, North Carolina Alliance for Retired Americans. (Madduri, Lalitha) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

RECAP
59

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding 51 Notice of Interlocutory Appeal, 44 Notice of Interlocutory Appeal, 49 Notice of Interlocutory Appeal, 45 Notice of Interlocutory Appeal,. (Foell, S.) (Additional attachment(s) added on 4/15/2025: # 1 Corrected Transmittal - Case No.) (Foell, S.). (Entered: 04/15/2025)

1 Corrected Transmittal - Case No.

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April 15, 2025

April 15, 2025

RECAP
60

ORDER denying 47 Motion to Stay; denying 52 Motion to Stay; denying 54 Motion to Stay. Signed by Chief Judge Richard E. Myers, II on 4/15/2025. (Griffin, T) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

Clearinghouse
61

Notice filed by North Carolina State Board of Elections of Remedial Efforts in Response to the Court's April 12, 2025 Text Only Order. (Steed, Terence) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

RECAP
62

US Court of Appeals Case Number 25-1397 (Rachel Phillips, Case Manager) as to 44 Notice of Interlocutory Appeal filed by Allison Riggs. (Foell, S.) (Entered: 04/16/2025)

April 15, 2025

April 15, 2025

RECAP
63

US Court of Appeals Case Number 25-1398 (Rachel Phillips, Case Manager) as to 45 Notice of Interlocutory Appeal, filed by VoteVets Action Fund, Sarah Smith, Juanita Anderson, North Carolina Alliance for Retired Americans. (Foell, S.) (Entered: 04/16/2025)

April 15, 2025

April 15, 2025

RECAP
64

US Court of Appeals Case Number 25-1399 (Rachel Phillips, Case Manager) as to 49 Notice of Interlocutory Appeal filed by North Carolina Democratic Party . (Foell, S.) (Entered: 04/16/2025)

April 15, 2025

April 15, 2025

RECAP
65

US Court of Appeals Case Number 25-1401 (Rachel Phillips, Case Manager) as to 51 Notice of Interlocutory Appeal filed by Ella Kromm, Lockhart Webb, League of Women Voters of North Carolina, Gabriela Adler-Espino, Carrie Conley. (Foell, S.) (Entered: 04/16/2025)

April 15, 2025

April 15, 2025

RECAP

Motions Submitted to Chief Judge Richard E. Myers II regarding 54 MOTION to Stay regarding Order on Motion for Preliminary Injunction, and for Injunction Pending Appeal, 52 MOTION to Stay , 47 Emergency MOTION to Stay regarding Order on Motion for Preliminary Injunction, and for Injunction Pending Appeal. (Edwards, S.)

April 15, 2025

April 15, 2025

Motions Submitted to Chief Judge Richard E. Myers II regarding 54 MOTION to Stay regarding Order on Motion for Preliminary Injunction, and for Injunction Pending Appeal, 52 MOTION to Stay, 47 Emergency MOTION to Stay regarding Order on Motion for Preliminary Injunction, and for Injunction Pending Appeal. (Edwards, S.)

April 15, 2025

April 15, 2025

66

Notice of Appearance filed by Shana L. Fulton on behalf of North Carolina Democratic Party. (Fulton, Shana) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

RECAP
67

Notice of Appearance filed by James Weldon Whalen on behalf of North Carolina Democratic Party. (Whalen, James) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

RECAP
68

Notice of Special Appearance for non-district by Seth P. Waxman on behalf of North Carolina Democratic Party. (Waxman, Seth) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

RECAP
69

Notice of Special Appearance for non-district by Daniel Volchok on behalf of North Carolina Democratic Party. (Volchok, Daniel) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

RECAP
70

Notice of Special Appearance for non-district by Christopher Babbitt on behalf of North Carolina Democratic Party. (Babbitt, Christopher) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

RECAP
71

Notice of Special Appearance for non-district by Jane E. Kessner on behalf of North Carolina Democratic Party. (Kessner, Jane) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

RECAP
72

Notice of Special Appearance for non-district by Nitisha Baronia on behalf of North Carolina Democratic Party. (Baronia, Nitisha) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

RECAP
73

Notice of Special Appearance for non-district by Ann E. Himes on behalf of North Carolina Democratic Party. (Himes, Ann) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

RECAP
74

Notice of Appearance filed by Zachary Nathaniel Bernstein on behalf of Allison Riggs. (Bernstein, Zachary) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

RECAP
75

ORDER of US Court of Appeals consolidating cases as to 44 Notice of Interlocutory Appeal filed by Allison Riggs, (25-1397-L) and 45 Notice of Interlocutory Appeal, filed by VoteVets Action Fund, Sarah Smith, Juanita Anderson, North Carolina Alliance for Retired Americans (25-1398). (Foell, S.) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

RECAP
76

RESPONSE regarding 61 Notice - other filed by Jefferson Griffin. (Attachments: # 1 Exhibit A - Copy of Filing with North Carolina Court of Appeals) (Schauer, Craig) (Entered: 04/16/2025)

1 Exhibit A - Copy of Filing with North Carolina Court of Appeals

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April 16, 2025

April 16, 2025

RECAP
77

Notice of Special Appearance for non-district by Hayden Johnson on behalf of Gabriela Adler-Espino, Carrie Conley, Ella Kromm, League of Women Voters of North Carolina, Lockhart Webb. (Johnson, Hayden) (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

RECAP

Documents 61, 75 and 76 submitted to Chief Judge Richard E. Myers II for review. (Griffin, T)

April 17, 2025

April 17, 2025

78

RESPONSE to Order regarding Text Order,,, Opening Brief of North Carolina Democratic Party filed by North Carolina Democratic Party. (Attachments: # 1 Exhibit 1 - Supplemental Declaration of Catherine Lawson, # 2 Exhibit 2 - NCSBE Response to Petition for Judicial Review) (Fulton, Shana) (Entered: 04/21/2025)

1 Exhibit 1 - Supplemental Declaration of Catherine Lawson

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2 Exhibit 2 - NCSBE Response to Petition for Judicial Review

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April 21, 2025

April 21, 2025

RECAP
79

*CORRECTED AND REFILED AT 89 * Notice of Appearance filed by William Dunn Smith on behalf of State Democracy Defenders Fund. (Smith, William) Modified on 4/22/2025 (Griffin, T). (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

RECAP
80

*CORRECTED AND REFILED AT 88 * Notice of Appearance filed by William Dunn Smith on behalf of State Democracy Defenders Fund. (Smith, William) Modified on 4/22/2025 (Griffin, T). (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

RECAP
81

RESPONSE to Order regarding Order on Motion for Preliminary Injunction,,,, Judge Griffin's Opening Brief and Response in Opposition to Preliminary Injunction Motions filed by Jefferson Griffin. (Schauer, Craig) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

RECAP
82

RESPONSE to Order Regarding 4/12/25 Text Order filed by Gabriela Adler-Espino, Carrie Conley, Ella Kromm, League of Women Voters of North Carolina, Lockhart Webb. (Attachments: # 1 Index Exhibit List, # 2 Exhibit Declaration of Carrie Conley, # 3 Exhibit Declaration of Lockhart Webb, # 4 Exhibit Declaration of Ella Kromm, # 5 Exhibit Second Declaration of Jennifer Rubin, # 6 Exhibit Declaration of Alana Pierce, # 7 Exhibit Expert Report of Christopher A. Cooper, # 8 Exhibit Second Declaration of Hayden Johnson, # 9 Exhibit Supplemental Expert Report of Christopher A. Cooper, # 10 Text of Proposed Order Proposed Order) (Marsden, Jessica) (Entered: 04/21/2025)

1 Index Exhibit List

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2 Exhibit Declaration of Carrie Conley

View on RECAP

3 Exhibit Declaration of Lockhart Webb

View on RECAP

4 Exhibit Declaration of Ella Kromm

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5 Exhibit Second Declaration of Jennifer Rubin

View on RECAP

6 Exhibit Declaration of Alana Pierce

View on RECAP

7 Exhibit Expert Report of Christopher A. Cooper

View on RECAP

8 Exhibit Second Declaration of Hayden Johnson

View on RECAP

9 Exhibit Supplemental Expert Report of Christopher A. Cooper

View on RECAP

10 Text of Proposed Order Proposed Order

View on RECAP

April 21, 2025

April 21, 2025

RECAP
83

RESPONSE to Order State Board's Opening Brief filed by North Carolina State Board of Elections. (Steed, Terence) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

RECAP
84

RESPONSE to Order Opening Brief of Allison Riggs filed by Allison Riggs. (Bennett, Raymond) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

RECAP
85

MOTION for Leave to File filed by State Democracy Defenders Fund. (Attachments: # 1 Exhibit Proposed Amicus Curiae Brief) (Smith, William) (Entered: 04/21/2025)

1 Exhibit Proposed Amicus Curiae Brief

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April 21, 2025

April 21, 2025

RECAP
86

MOTION for Summary Judgment filed by Juanita Anderson, North Carolina Alliance for Retired Americans, Sarah Smith, VoteVets Action Fund. (Madduri, Lalitha) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

RECAP

Case Details

State / Territory:

North Carolina

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Mid-Decade Redistricting Cases

Key Dates

Filing Date: Dec. 23, 2024

Closing Date: May 5, 2025

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Republican candidate for a seat on the North Carolina Supreme Court.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

North Carolina Board of Elections

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

State law

Other Dockets:

U.S. Court of Appeals for the Fourth Circuit 25-01018

North Carolina state appellate court 25-181

North Carolina state trial court 24CV040619-910

Eastern District of North Carolina 5:24-cv-00724

Eastern District of North Carolina 5:24-cv-00731

U.S. Court of Appeals for the Fourth Circuit 25-01020

U.S. Court of Appeals for the Fourth Circuit 25-01397

U.S. Court of Appeals for the Fourth Circuit 25-01398

Eastern District of North Carolina 5:25-cv-00193

North Carolina state supreme court 320P24-3

Eastern District of North Carolina 5:24-CV-00699

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Sought:

Injunction

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Vote Counting

Issues

Voting:

Election administration

Voting: General & Misc.

Recommended Citation