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M.D.N.C.

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Democratic National Committee v. Republican National Committee (Dickinson R. Debevoise and John Michael Vazquez, D.N.J. 2:81-cv-3876), Arizona Democratic Party v. Arizona Republican Party (John J. Tuchi, D. Ariz. 2:16-cv-3752), Nevada State Democratic Party v. Nevada Republican Party (Richard F. Boulware II, D. Nev. 2:16-cv-2514), Ohio Democratic Party v. Ohio Republican Party (James S. Gwin, N.D. Ohio 1:16-cv-2645), Pennsylvania Democratic Party v. Republican Party of Pennsylvania (Paul S. Diamond, E.D. Pa. 2:16-cv-5664), North Carolina Democratic Party v. North Carolina Republican Party (Catherine C. Eagles, M.D.N.C. 1:16-cv-1288), and Michigan Democratic Party v. Michigan Republican Party (Mark A. Goldsmith, E.D. Mich. 2:16-cv-13924)
In 2004, a voter in Ohio moved to intervene in a 1981 District of New Jersey case, complaining that widespread voter registration challenges in Ohio violated a consent decree between the two major political parties in the New Jersey case. On the day before the election, the district court in New Jersey granted injunctive relief. A panel of the court of appeals, over a dissent, denied the defendants a stay, but the full court ordered en banc review on election day. Because the plaintiff was allowed to vote, the appeal was subsequently declared moot. In 2016, a suit was again filed in the District of New Jersey to enforce and extend the consent decree. Related actions were filed in six other states, plaintiffs were denied immediate relief there, and the actions were dismissed voluntarily after the election. A little more than one year later, the consent decree was terminated.
Subject: Campaign activities. Topics: Registration challenges; intervention; enforcing orders; laches; case assignment.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

North Carolina State Conference of the NAACP v. North Carolina State Board of Elections (Loretta C. Biggs, M.D.N.C. 1:16-cv-1274)
Eight days before a presidential election, a federal complaint challenged widespread cancelation of voter registrations based on single instances of undeliverable mail. Finding that the National Voter Registration Act proscribed systematic voter registration cancelations less than 90 days before a federal election and proscribed cancelations based on evidence of residence changes before two federal elections had occurred, a district judge enjoined the voter registration cancelation program at issue in an opinion issued four days before the election. The judge issued a permanent injunction about two years later.
Subject: Nullifying registrations. Topics: Registration challenges; National Voter Registration Act.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

City of Greensboro v. Guilford County Board of Elections (Catherine C. Eagles, M.D.N.C. 1:15-cv-559)
On July 2, 2015, a state legislature restructured a city council from five members representing districts and three members elected at large to eight members representing districts, and the legislature removed control over the structure of city government from this city alone. On July 13, two weeks before the beginning of a candidate filing period, a federal complaint challenged the act, and the district judge determined that the act probably violated equal protection by treating the city differently from all other cities in the state, so the election proceeded according to the original council structure. Following a bench trial in 2017, the judge additionally determined that the new district lines unconstitutionally favored one political party. Because no party defended the constitutionality of the legislation, the judge declined the plaintiffs an award of attorney fees.
Subject: District lines. Topics: Equal protection; intervention; malapportionment; attorney fees.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Delaney v. Bartlett (Frank W. Bullock, Jr., M.D.N.C. 1:02-cv-741)
On September 6, 2002, a write-in candidate for the U.S. Senate filed a federal challenge to the state’s signature requirement for getting on the ballot as an independent candidate. The district court denied pre-election relief, and the candidate was defeated. In 2004, the judge determined that general-election ballot signature requirements for independent candidates—based on the number of registered voters— and new-party candidates—based on the number of voters in the last gubernatorial election—were an unconstitutional combination. The state modified its requirement for independent candidates to be similar to its requirement for new-party candidates.
Topics: Getting on the ballot; equal protection.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

NAACP—Greensboro Branch v. Guilford County Board of Elections (William L. Osteen, Jr., M.D.N.C. 1:12- cv-111)
The state’s restructuring of a county board of commissioners would result in a two-year transition period with one district unrepresented and another district with two representatives. The district judge declined to enjoin the beginning of the candidate filing period, but on further hearing provisionally enjoined the election. The court’s ultimate remedy was to swap the election schedule for two districts so that an election would be held for the district that would otherwise be unrepresented instead of another district, an election for which would be held two years later. The state resolved the issue of double representation by appointing one of the duplicate representatives to an at-large seat.
Topics: Equal protection; enjoining elections.

One of many Case Studies in Emergency Election Litigation.

Available Online Only

Hole v. North Carolina Board of Elections (James A. Beaty, Jr., M.D.N.C. 1:00-cv-477)
An unsuccessful primary election candidate filed a federal complaint nine days after the election alleging that her First Amendment rights were violated by the state and the party’s permitting independents to vote in the election. The district court denied relief as foreclosed by The Supreme Court’s 1986 decision in Tashjian v. Republican Party of Connecticut.
Topic: Primary election.

One of many Case Studies in Emergency Election Litigation.

Archival Copy on File

The 1994 Annual Assessment of the Condition of the Civil and Criminal Dockets of the Middle District of North Carolina, as required by the Civil Justice Reform Act of 1990.

Archival Copy on File

Updated statistics for 44 districts with information for SY 1994

Archival Copy on File

Mark D. Shapiro's comments in response to the Civil Justice Reform Act report and plan of the Middle District of North Carolina.

Archival Copy on File

The Expense and Delay Reduction Plan adopted by the Middle District of North Carolina.

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