Democracy North Carolina

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Last Updated: September 9, 2020 at 9:44 PM

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

(5/22/20)

Exhibit 1 - March 26 Letter

(5/22/20)

Exhibit 2 - April 22 Letter

(5/22/20)

Exhibit 3 - CD11 Letter

(5/22/20)

First Amended Complaint

(6/5/20)

Motion For Preliminary Injunction And Consent Request To Expedite Briefing/Consideration By Plaintiffs

(6/5/20)

Brief re 9 Motion For Preliminary Injunction And Consent Request To Expedite Briefing/Consideration By Plaintiffs

(6/5/20)

Additional Attachments To Main Document re 10 Brief

(6/5/20)

Additional Attachments To Main Document re 10 Brief

(6/5/20)

Exhibit Lopez Declaration

(6/5/20)

Exhibit Nicholas Declaration

(6/5/20)

Exhibit Permar Declaration

(6/5/20)

Exhibit Clark Declaration

(6/5/20)

Exhibit Cates Declaration

(6/5/20)

Exhibit Bentley Declaration

(6/5/20)

Exhibit Edwards Declaration

(6/5/20)

Exhibit Priddy Declaration

(6/5/20)

Exhibit Hutchins Declaration

(6/5/20)

Exhibit Schaffer Declaration

(6/5/20)

Additional Attachments to Main Document re 10 Brief

(6/5/20)

Exhibit Dr. Murray Declaration

(6/5/20)

Exhibit Dr. Gronke Declaration

(6/5/20)

Exhibit Bartlett Declaration

(6/5/20)

Exhibit Tutor Declaration

(6/5/20)

Exhibit Ketchie Declaration

(6/5/20)

Exhibit Riggs Declaration

(6/5/20)

Exhibit Riggs Exhibits 1-10

(6/5/20)

Exhibit Riggs Exhibits 11-17

(6/5/20)

Exhibit Riggs Exhibits 18-23

(6/5/20)

Motion To Intervene By Philip E. Berger, Timothy K. Moore

(6/10/20)

Supplement Proposed Answer

(6/10/20)

Text of Proposed Order

(6/10/20)

Memorandum Filed By Intervenor Parties Philip E. Berger, Timothy K. Moore re 16 Motion To Intervene

(6/10/20)

Affidavit Declaration Of Nicole J. Moss

(6/10/20)

Exhibit A - Letter re H1169 From AG Stein

(6/10/20)

Exhibit B - 2019-06-19 Holmes - State Defs.' Resp. To PI Motion

(6/10/20)

Exhibit C - Press Release- AG Dismisses Case

(6/10/20)

Exhibit D - Gov. On SCOTUS Decision

(6/10/20)

Response Filed By Defendants re 16 Motion To Intervene Filed By Timothy K. Moore, Philip E. Berger

(6/12/20)

Response In Opposition re 16 Motion To Intervene Filed By Timothy K. Moore, Philip E. Berger Filed By Plaintiffs

(6/12/20)

Order Signed By Judge William L. Osteen, Jr That Proposed Intervenors' Motion To Intervene, Is Granted

(6/15/20)

Consent Motion To Amend Complaint And Motion For Preliminary Injunction

(6/18/20)

1 Exhibit Proposed Second Amended Complaint

(6/18/20)

2 Exhibit Redline Of Proposed Second Amended Complaint

(6/18/20)

3 Exhibit Proposed Amended PI Motion

(6/18/20)

4 Exhibit Redline of Proposed Amended PI Motion

(6/18/20)

5 Text of Proposed Order

(6/18/20)

Second Amended Complaint Against All Defendants

(6/18/20)

Amended Motion For Preliminary Injunction

(6/18/20)

Motion To Intervene By Republican National Committee, National Republican Senatorial Committee, National Republican Congressional Committee

(6/18/20)

(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

(6/18/20)

# 1 Declaration

(6/18/20)

# 2 Declaration

(6/18/20)

# 3 Declaration

(6/18/20)

# 4 Declaration

(6/18/20)

Response Filed By Intervenor Parties re Motion To re NRCC Motion To Intervene

(6/22/20)

Corrected document re 37 Response to Motion

(6/22/20)

Response In Opposition re 32 Motion To Intervene Filed By National Republican Congressional

(6/22/20)

Corrected Document/ Response In Opposition re 32 Motion To Intervene

(6/23/20)

Reply, Filed By Intervenor Parties

(6/23/20)

(6/23/20)

Response In Opposition re Motion For Preliminary Injunction And Consent Request To Expedite Briefing/Consideration

(6/26/20)

Exhibit 1 Bell Declaration

(6/26/20)

Exhibit 2 Jessup Declaration

(6/26/20)

Exhibit 3 Prince Declaration

(6/26/20)

Exhibit 4 Burghardt Declaration

(6/26/20)

Exhibit 5 Speight Declaration

(6/26/20)

Response In Opposition re Amended Motion For Preliminary Injunction

(6/26/20)

Exhibit 1 HB 1169

(6/26/20)

Exhibit 2 Block Declaration

(6/26/20)

Exhibit 3 Callanan Declaration

(6/26/20)

Exhibit 4 Devore Declaration

(6/26/20)

Exhibit 5 Hawkins Declaration

(6/26/20)

Exhibit 6 Plush Declaration

(6/26/20)

Exhibit 7 Schauder Declaration

(6/26/20)

Exhibit 8 Weatherly Declaration

(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

(6/26/20)

Text Of Proposed Order Reconsideration

(6/26/20)

Text Of Proposed Order Amicus Curiae

(6/26/20)

Supplement Proposed Brief Of Amicus Curaie

(6/26/20)

Exhibit To Proposed Brief Of Amicus Curiae

(6/26/20)

Brief re Motion For Reconsideration re Order On Motion To Intervene By Intervenor Parties

(6/26/20)

Response In Opposition re Motion For Reconsideration re Order On Motion To Intervene Filed By Defendants

(6/29/20)

Corrected Document re Response In Opposition To Motion For Preliminary Injunction And Consent Request To Expedite Briefing/Consideration

(6/30/20)

Exhibit 1 Bell Declaration

(6/30/20)

Exhibit 2 Jessup Declaration

(6/30/20)

Exhibit 3 Prince Declaration

(6/30/20)

Exhibit 4 Burghardt Declaratio

(6/30/20)

Exhibit 5 Speight Declaration

(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

(6/30/20)

Motion For Leave To File Amicus Curiae Brief In Opposition To Plaintiffs' Motion For Preliminary Injunction By Public Interest Legal Foundation

(7/2/20)

Memorandum In Support

(7/2/20)

Text Of Proposed Order

(7/2/20)

Proposed Amicus Brief

(7/2/20)

(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

(7/2/20)

Motion To Dismiss By Philip E. Berger, Timothy K. Moore

(7/2/20)

Memorandum Filed By Intervenor Parties Phillip E. Berger, Timothy K. Moore re Motion To Dismiss

(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

(7/2/20)

# 1 Exhibit Lopez Reply Decl.

(7/2/20)

# 2 Exhibit Nicholas Reply Decl.

(7/2/20)

# 3 Exhibit Bentley Reply Decl.

(7/2/20)

# 4 Exhibit Murray Reply Decl.

(7/2/20)

# 5 Exhibit Gronke Reply Decl.

(7/2/20)

# 6 Exhibit Bartlett Reply Decl.

(7/2/20)

# 7 Exhibit Ketchie Reply Decl.

(7/2/20)

# 8 Exhibit Myers Decl.

(7/2/20)

# 9 Exhibit Quinn Decl.

(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

(7/3/20)

Exhibit Unpublished League Of Women Voters Of N.J. v. Way

(7/3/20)

Status Report Of All Parties

(7/6/20)

Electronic Transmission Of Notice Of Appeal And Docket Sheet To US Court Of Appeals re Notice Of Appeal

(7/6/20)

Motion To Strike Affidavit In Support Of Motion, By Philip E. Berger, Timothy K. Moore

(7/6/20)

Memorandum Filed By Intervenor Parties Philip E. Berger, Timothy K. Moore re Motion To Strike Affidavit In Support Of Motion

(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

(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

(7/7/20)

Order That Public Interest Legal Foundation's Motion For Leave To File Amicus Curiae Brief Is Granted

(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

(7/8/20)

(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

(7/8/20)

Amicus Brief Filed By Amicus Public Interest Legal Foundation

(7/8/20)

(7/8/20)

Suggestion Of Subsequently Decided Authority re Response In Opposition To Motion, By Intervenor Parties Philip E. Berger, Timothy K. Moore

(7/19/20)

Exhibit 1 Seila Law LLC v. Consumer Financial Protection Bureau

(7/19/20)

Exhibit 2 Merrill v. People First Of Alabama

(7/19/20)

Memorandum Opinion And Order Granting Motion To Strike In Part

(7/27/20)

Suggestion Of Subsequently Decided Authority re Response In Opposition To Motion, By Intervenor Parties Philip E. Berger, Timothy K. Moore

(7/29/20)

(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

(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

(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

(7/30/20)

Proposed Third Amended Complaint

(7/30/20)

Redline Of Proposed Third Amended Complaint

(7/30/20)

Text Of Proposed Order

(7/30/20)

Suggestion Of Subsequently Decided Authority re Response In Opposition To Motion, By Intervenor Parties Philip E. Berger, Timothy K. Moore

(7/31/20)

Exhibit 1 Little v. Reclaim Idaho

(7/31/20)

Opinion and Order

(8/4/20)

Motion for Reconsideration and Memorandum in Support of Same

(8/5/20)

Plaintiffs' Response in Opposition to Defendant-Intervenors' Motion to Dismiss

(8/6/20)

Reply Brief in Support of Legislative Defendants' Motion to Dismiss

(8/20/20)

Legislative Defendants' Response in Opposition to Plaintiffs' Motion for Leave to File a Third Amended Complaint

(8/20/20)

Plaintiffs' Response in Opposition to State Defendants' Motion to Dismiss

(8/20/20)

Plaintiffs' Motion for Reconsideration and Modification of Preliminary Injunction and Brief in Support Thereof

(8/24/20)

Plaintiffs' Response in Opposition to Defendant Intervenors' Motion to Reconsider

(8/26/20)

Reply Memorandum in Support of State Defendants' Motion to Dismiss

(9/3/20)

Plaintiffs' Reply in Support of Their Motion for Leave to File a Third Amended Complaint

(9/3/20)

Defendant-Intervenors' Response in Opposition to Plaintiffs' Motion for Reconsideration and Modification of Preliminary Injunction

(9/8/20)

State Defendants' Response to Plaintiffs' Motion for Reconsideration

(9/8/20)

Reply in Support of Defendant-Intervenors' Motion for Reconsideration

(9/9/20)

U.S. Court of Appeals for the Fourth Circuit Documents

(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.

more commentary...

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...

Major Pending Cases

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