Resource: N.C. State Conference of the NAACP v. N.C. State Bd. of Elections

Plaintiffs, North Carolina State Conference of NAACP branches and individual registered voters residing in counties using the ExpressVote machine, sued North Carolina State Board of Elections and Board of Elections of various North Carolina Counties to enjoin them from employing the ExpressVote to conduct any public election in North Carolina. Plaintiffs alleged violation of the North Carolina Constitution Article I, section 10 (the Free Elections Clause) because ExpressVote is subject to security threats, has been proven to malfunction in marking and tabulation of votes, does not permit insurance that votes are counted correctly, and creates risk to public health (as the screen and ExpressVote-related components are vectors of transmission of COVID-19 virus). Plaintiffs also alleged violation of Article I section 19 (the Equal Protection Clause) because only some North Carolina counties compel voting using the ExpressVote.