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Election Law @ Moritz

Election Law @ Moritz


Litigation

 

Democracy North Carolina v. North Carolina State Board of Elections

Case Information

Date Filed: April 13, 2020
State: North Carolina
Issue: Voter Registration
Current Court: U.S. District Court District for the Middle District of North Carolina (Case 20-cv-457)

Issue:

The Plaintiffs allege that North Carolina's 25-day registration requirement unconstitutionally burdens North Carolinians' right to vote under 42 U.S.C. § 1983, the First and Fourteenth Amendments, Title II of the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act.

Status:

Opinion and Order filed 8/4/20.

U.S. District Court Documents

  • Complaint Against All Defendants pdf file (5/22/20)
  • Exhibit 1 - March 26 Letter pdf file (5/22/20)
  • Exhibit 2 - April 22 Letter pdf file (5/22/20)
  • Exhibit 3 - CD11 Letter pdf file (5/22/20)
  • First Amended Complaint pdf file (6/5/20)
  • Motion For Preliminary Injunction And Consent Request To Expedite Briefing/Consideration By Plaintiffs pdf file (6/5/20)
  • Brief re 9 Motion For Preliminary Injunction And Consent Request To Expedite Briefing/Consideration By Plaintiffs pdf file (6/5/20)
  • Additional Attachments To Main Document re 10 Brief pdf file (6/5/20)
  • Additional Attachments To Main Document re 10 Brief pdf file (6/5/20)
  • Exhibit Lopez Declaration pdf file (6/5/20)
  • Exhibit Nicholas Declaration pdf file (6/5/20)
  • Exhibit Permar Declaration pdf file (6/5/20)
  • Exhibit Clark Declaration pdf file (6/5/20)
  • Exhibit Cates Declaration pdf file (6/5/20)
  • Exhibit Bentley Declaration pdf file (6/5/20)
  • Exhibit Edwards Declaration pdf file (6/5/20)
  • Exhibit Priddy Declaration pdf file (6/5/20)
  • Exhibit Hutchins Declaration pdf file (6/5/20)
  • Exhibit Schaffer Declaration pdf file (6/5/20)
  • Additional Attachments to Main Document re 10 Brief pdf file (6/5/20)
  • Exhibit Dr. Murray Declaration pdf file (6/5/20)
  • Exhibit Dr. Gronke Declaration pdf file (6/5/20)
  • Exhibit Bartlett Declaration pdf file (6/5/20)
  • Exhibit Tutor Declaration pdf file (6/5/20)
  • Exhibit Ketchie Declaration pdf file (6/5/20)
  • Exhibit Riggs Declaration pdf file (6/5/20)
  • Exhibit Riggs Exhibits 1-10 pdf file (6/5/20)
  • Exhibit Riggs Exhibits 11-17 pdf file (6/5/20)
  • Exhibit Riggs Exhibits 18-23 pdf file (6/5/20)
  • Motion To Intervene By Philip E. Berger, Timothy K. Moore pdf file (6/10/20)
  • Supplement Proposed Answer pdf file (6/10/20)
  • Text of Proposed Order pdf file (6/10/20)
  • Memorandum Filed By Intervenor Parties Philip E. Berger, Timothy K. Moore re 16 Motion To Intervene pdf file (6/10/20)
  • Affidavit Declaration Of Nicole J. Moss pdf file (6/10/20)
  • Exhibit A - Letter re H1169 From AG Stein pdf file (6/10/20)
  • Exhibit B - 2019-06-19 Holmes - State Defs.' Resp. To PI Motion pdf file (6/10/20)
  • Exhibit C - Press Release- AG Dismisses Case pdf file (6/10/20)
  • Exhibit D - Gov. On SCOTUS Decision pdf file (6/10/20)
  • Response Filed By Defendants re 16 Motion To Intervene Filed By Timothy K. Moore, Philip E. Berger pdf file (6/12/20)
  • Response In Opposition re 16 Motion To Intervene Filed By Timothy K. Moore, Philip E. Berger Filed By Plaintiffs pdf file (6/12/20)
  • Order Signed By Judge William L. Osteen, Jr That Proposed Intervenors' Motion To Intervene, Is Granted pdf file (6/15/20)
  • Consent Motion To Amend Complaint And Motion For Preliminary Injunction pdf file (6/18/20)
  • 1 Exhibit Proposed Second Amended Complaint pdf file (6/18/20)
  • 2 Exhibit Redline Of Proposed Second Amended Complaint pdf file (6/18/20)
  • 3 Exhibit Proposed Amended PI Motion pdf file (6/18/20)
  • 4 Exhibit Redline of Proposed Amended PI Motion pdf file (6/18/20)
  • 5 Text of Proposed Order pdf file (6/18/20)
  • Second Amended Complaint Against All Defendants pdf file (6/18/20)
  • Amended Motion For Preliminary Injunction pdf file (6/18/20)
  • Motion To Intervene By Republican National Committee, National Republican Senatorial Committee, National Republican Congressional Committee pdf file (6/18/20)
  • Proposed Order pdf file (6/18/20)
  • Memorandum Filed By Select Role Types National Republican Congressional Committee, National Republican Senatorial Committee, Republican Party Of North Carolina, Republican National Committee pdf file (6/18/20)
  • # 1 Declaration pdf file (6/18/20)
  • # 2 Declaration pdf file (6/18/20)
  • # 3 Declaration pdf file (6/18/20)
  • # 4 Declaration pdf file (6/18/20)
  • Response Filed By Intervenor Parties re Motion To re NRCC Motion To Intervene pdf file (6/22/20)
  • Corrected document re 37 Response to Motion pdf file (6/22/20)
  • Response In Opposition re 32 Motion To Intervene Filed By National Republican Congressional pdf file (6/22/20)
  • Corrected Document/ Response In Opposition re 32 Motion To Intervene pdf file (6/23/20)
  • Reply, Filed By Intervenor Parties pdf file (6/23/20)
  • # 1 Exhibit pdf file (6/23/20)
  • Response In Opposition re Motion For Preliminary Injunction And Consent Request To Expedite Briefing/Consideration pdf file (6/26/20)
  • Exhibit 1 Bell Declaration pdf file (6/26/20)
  • Exhibit 2 Jessup Declaration pdf file (6/26/20)
  • Exhibit 3 Prince Declaration pdf file (6/26/20)
  • Exhibit 4 Burghardt Declaration pdf file (6/26/20)
  • Exhibit 5 Speight Declaration pdf file (6/26/20)
  • Response In Opposition re Amended Motion For Preliminary Injunction pdf file (6/26/20)
  • Exhibit 1 HB 1169 pdf file (6/26/20)
  • Exhibit 2 Block Declaration pdf file (6/26/20)
  • Exhibit 3 Callanan Declaration pdf file (6/26/20)
  • Exhibit 4 Devore Declaration pdf file (6/26/20)
  • Exhibit 5 Hawkins Declaration pdf file (6/26/20)
  • Exhibit 6 Plush Declaration pdf file (6/26/20)
  • Exhibit 7 Schauder Declaration pdf file (6/26/20)
  • Exhibit 8 Weatherly Declaration pdf file (6/26/20)
  • Motion For Reconsideration re Order On Motion To Intervene By National Republican Congressional Committee, National Republican Senatorial Committee, Republican National Committee, Republican Party Of North Carolina pdf file (6/26/20)
  • Text Of Proposed Order Reconsideration pdf file (6/26/20)
  • Text Of Proposed Order Amicus Curiae pdf file (6/26/20)
  • Supplement Proposed Brief Of Amicus Curaie pdf file (6/26/20)
  • Exhibit To Proposed Brief Of Amicus Curiae pdf file (6/26/20)
  • Brief re Motion For Reconsideration re Order On Motion To Intervene By Intervenor Parties pdf file (6/26/20)
  • Response In Opposition re Motion For Reconsideration re Order On Motion To Intervene Filed By Defendants pdf file (6/29/20)
  • Corrected Document re Response In Opposition To Motion For Preliminary Injunction And Consent Request To Expedite Briefing/Consideration pdf file (6/30/20)
  • Exhibit 1 Bell Declaration pdf file (6/30/20)
  • Exhibit 2 Jessup Declaration pdf file (6/30/20)
  • Exhibit 3 Prince Declaration pdf file (6/30/20)
  • Exhibit 4 Burghardt Declaratio pdf file (6/30/20)
  • Exhibit 5 Speight Declaration pdf file (6/30/20)
  • Order Denying Proposed Intervenors' Motion For Reconsideration With Regard To The Motion To Reconsider And Granted With Regard To The Request For Leave To File Amici Curiae Brief pdf file (6/30/20)
  • Motion For Leave To File Amicus Curiae Brief In Opposition To Plaintiffs' Motion For Preliminary Injunction By Public Interest Legal Foundation pdf file (7/2/20)
  • Memorandum In Support pdf file (7/2/20)
  • Text Of Proposed Order pdf file (7/2/20)
  • Proposed Amicus Brief pdf file (7/2/20)
  • Exhibit pdf file (7/2/20)
  • Notice Of Appeal As To Order On Motion For Reconsideration, Order On Motion To Intervene By National Republican Congressional Committee, National Republican Senatorial Committee, Republican National Committee, Republican Party Of North Carolina pdf file (7/2/20)
  • Motion To Dismiss By Philip E. Berger, Timothy K. Moore pdf file (7/2/20)
  • Memorandum Filed By Intervenor Parties Phillip E. Berger, Timothy K. Moore re Motion To Dismiss pdf file (7/2/20)
  • Affidavit In Support re Amended Motion For Preliminary Injunction Index Of Plaintiffs' Reply Declarations Filed By Lelia Bentley, Margarat B. Cates, John P. Clark, Democracy North Carolina, Regina Whitney Edwards, Walter Hutchins, League Of Women Voters Of North Carolina, Donna Permar, Robert K. Priddy II, Susan Schaffer pdf file (7/2/20)
  • # 1 Exhibit Lopez Reply Decl. pdf file (7/2/20)
  • # 2 Exhibit Nicholas Reply Decl. pdf file (7/2/20)
  • # 3 Exhibit Bentley Reply Decl. pdf file (7/2/20)
  • # 4 Exhibit Murray Reply Decl. pdf file (7/2/20)
  • # 5 Exhibit Gronke Reply Decl. pdf file (7/2/20)
  • # 6 Exhibit Bartlett Reply Decl. pdf file (7/2/20)
  • # 7 Exhibit Ketchie Reply Decl. pdf file (7/2/20)
  • # 8 Exhibit Myers Decl. pdf file (7/2/20)
  • # 9 Exhibit Quinn Decl. pdf file (7/2/20)
  • Reply, Filed By Plaintiffs re To Response To Amended Motion For Preliminary Injunction Filed By Lelia Bentley, Margarat B. Cates, John P. Clark, Democracy North Carolina, Regina Whitney Edwards, Walter Hutchins, League Of Women Voters Of North Carolina, Donna Permar, Robert K. Priddy II, Susan Schaffer pdf file (7/3/20)
  • Exhibit Unpublished League Of Women Voters Of N.J. v. Way pdf file (7/3/20)
  • Status Report Of All Parties pdf file (7/6/20)
  • Electronic Transmission Of Notice Of Appeal And Docket Sheet To US Court Of Appeals re Notice Of Appeal pdf file (7/6/20)
  • Motion To Strike Affidavit In Support Of Motion, By Philip E. Berger, Timothy K. Moore pdf file (7/6/20)
  • Memorandum Filed By Intervenor Parties Philip E. Berger, Timothy K. Moore re Motion To Strike Affidavit In Support Of Motion pdf file (7/6/20)
  • Response re Motion To Strike Affidavit In Support Of Motion, Filed By Stella Anderson, Karen Brinson Bell, David C. Black, J. Eric Boyette, Jeff Carmon, III, Damon Circosta, Mandy Cohen, North Carolina Department Of Health And Human Services, North Carolina Department Of Transportation, North Carolina State Board Of Elections, Ken Raymond pdf file (7/7/20)
  • Response In Opposition re Motion To Strike Affidavit In Support Of Motion, Filed By Lelia Bentley, Margarat B. Cates, John P. Clark, Democracy North Carolina, Regina Whitney Edwards, Walter Hutchins, League Of Women Voters Of North Carolina, Donna Permar, Robert K. Priddy II, Susan Schaffer pdf file (7/7/20)
  • Order That Public Interest Legal Foundation's Motion For Leave To File Amicus Curiae Brief Is Granted pdf file (7/8/20)
  • Amicus Brief Filed By Intervenor Parties National Republican Congressional Committee, National Republican Senatorial Committee, Republican National Committee, Republican Party Of North Carolina pdf file (7/8/20)
  • #1 Exhibit pdf file (7/8/20)
  • Memorandum In Support Of Motion For Leave To File Amicus Curiae Brief In Opposition To Plaintiffs' Motion For Preliminary Injunction Filed By Amicus Public Interest Legal Foundation pdf file (7/8/20)
  • Amicus Brief Filed By Amicus Public Interest Legal Foundation pdf file (7/8/20)
  • # 1 Exhibit pdf file (7/8/20)
  • Suggestion Of Subsequently Decided Authority re Response In Opposition To Motion, By Intervenor Parties Philip E. Berger, Timothy K. Moore pdf file (7/19/20)
  • Exhibit 1 Seila Law LLC v. Consumer Financial Protection Bureau pdf file (7/19/20)
  • Exhibit 2 Merrill v. People First Of Alabama pdf file (7/19/20)
  • Memorandum Opinion And Order Granting Motion To Strike In Part pdf file (7/27/20)
  • Suggestion Of Subsequently Decided Authority re Response In Opposition To Motion, By Intervenor Parties Philip E. Berger, Timothy K. Moore pdf file (7/29/20)
  • Exhibit 1 pdf file (7/29/20)
  • Motion To Dismiss For Failure To State A Claim By Stella Anderson, Karen Brinson Bell, David C. Black, J. Eric Boyette, Jeff Carmon III, Damon Circosta, Mandy Cohen, North Carolina Department Of Health And Human Service, North Carolina Department Of Transportation, North Carolina State Board Of Elections, Ken Raymond pdf file (7/30/20)
  • Memorandum Filed By Defendants re Motion To Dismiss For Failure To State A Claim By Stella Anderson, Karen Brinson Bell, David C. Black, J. Eric Boyette, Jeff Carmon III, Damon Circosta, Mandy Cohen, North Carolina Department Of Health And Human Service, North Carolina Department Of Transportation, North Carolina State Board Of Elections, Ken Raymond pdf file (7/30/20)
  • Motion To Amend Complaint By Lelia Bentley, Margarat B. Cates, John P. Clark, Democracy North Carolina, Regina Whitney Edwards, Walter Hutchins, League Of Women Voters Of North Carolina, Donna Permar, Robert K. Priddy II, Susan Schaffer pdf file (7/30/20)
  • Proposed Third Amended Complaint pdf file (7/30/20)
  • Redline Of Proposed Third Amended Complaint pdf file (7/30/20)
  • Text Of Proposed Order pdf file (7/30/20)
  • Suggestion Of Subsequently Decided Authority re Response In Opposition To Motion, By Intervenor Parties Philip E. Berger, Timothy K. Moore pdf file (7/31/20)
  • Exhibit 1 Little v. Reclaim Idaho pdf file (7/31/20)
  • Opinion and Order pdf file (8/4/20)
  • Motion for Reconsideration and Memorandum in Support of Same pdf file (8/5/20)
  • Plaintiffs' Response in Opposition to Defendant-Intervenors' Motion to Dismiss pdf file (8/6/20)
  • Reply Brief in Support of Legislative Defendants' Motion to Dismiss pdf file (8/20/20)
  • Legislative Defendants' Response in Opposition to Plaintiffs' Motion for Leave to File a Third Amended Complaint pdf file (8/20/20)
  • Plaintiffs' Response in Opposition to State Defendants' Motion to Dismiss pdf file (8/20/20)
  • Plaintiffs' Motion for Reconsideration and Modification of Preliminary Injunction and Brief in Support Thereof pdf file (8/24/20)
  • Plaintiffs' Response in Opposition to Defendant Intervenors' Motion to Reconsider pdf file (8/26/20)
  • Reply Memorandum in Support of State Defendants' Motion to Dismiss pdf file (9/3/20)
  • Plaintiffs' Reply in Support of Their Motion for Leave to File a Third Amended Complaint pdf file (9/3/20)
  • Defendant-Intervenors' Response in Opposition to Plaintiffs' Motion for Reconsideration and Modification of Preliminary Injunction pdf file (9/8/20)
  • State Defendants' Response to Plaintiffs' Motion for Reconsideration pdf file (9/8/20)
  • Reply in Support of Defendant-Intervenors' Motion for Reconsideration pdf file (9/9/20)
  • U.S. Court of Appeals for the Fourth Circuit Documents

  • Order pdf file (8/26/20)
  • Commentary

    Edward B. Foley

    Gerrymandering as Viewpoint Discrimination: A "Functional Equivalence" Test

    Edward B. Foley

    A First Amendment test for identifying when a map is functionally equivalent to a facially discriminatory statute.

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    In the News

    Daniel P. Tokaji

    This is why US election ballots routinely go missing

    Professor Dan Tokaji was quoted in USA Today about the prevalence of missing election ballots.

     

    "Most of the time, it just goes unreported because it doesn't affect the result," Tokaji said. 


    more EL@M in the news...

    Info & Analysis

    Supreme Court Finds Partisan Gerrymandering Claims to be Non-Justiciable Political Questions

    In a 5-4 decision, the U.S. Supreme Court issued an opinion on Thursday determining that claims of partisan gerrymandering are political questions beyond the reach of the federal courts. The opinion resolved disputes originating in North Carolina and Maryland, in the cases of Rucho v. Common Cause and Lamone v. Benisek.

    more info & analysis...