This database consolidates and tracks litigation concerning the effect of the pandemic on election law. The purpose of this tool is to provide an interactive list of relevant cases that can be searched by issue, court, status, and jurisdiction.
Case Details
Democracy North Carolina v. North Carolina State Board of Elections
Closed
Democracy North Carolina v. North Carolina State Board of Elections, No. 1:20-cv-00457 (M.D.N.C.) |
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| Case Summary | Voting rights advocates, including the League of Women Voters, have filed a federal lawsuit seeking to waive North Carolina's requirement that absentee voters have their ballots notarized or signed by two witnesses. They also want the state's 25-day deadline for requesting absentee ballots relaxed. Additionally they would like polling locations to be safer with proper PPE equiptment and access to early voting. | |
| Filed | 06/05/2020 | |
| State | North Carolina | |
| Type of Court | Federal | |
| Circuit | Fourth Circuit | |
| Status | Closed (Both parties agreed to dismiss case) | |
| Last Updated | 03/13/2021 | |
| Issue Tag(s) | Vote-by-Mail (Failure to Allow Fear of COVID to Qualify as “Excuse”, Failure to Provide Vote-by-Mail Accommodations for Voters with Disabilities, Signature Verification Standards, Witness and/or Notary Requirement, Failure to Include ID/Documentation) In-Person Voting COVID Concern (Number/Location of Polling Places, Early Voting Availability/Dates, Lack of Safety Measures for In-Person Voting) Petition Signature Requirement (Witness/Notary, Threshold Number) |
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| Complaint(s) | 06/05/2020: Complaint filed. | |
| 06/05/2020: Complaint, First Amended Complaint filed. | ||
| 06/18/2020: Complaint, Second Amended Complaint filed. | ||
| Dispositive Ruling(s) | 08/04/2020: Order/Ruling, The court granted the PI in part and denied in part. The court first decided that only some plaintiffs have standing to sue on some of the challenged claims. It then enjoined the statutes limiting assistance by employees of the applicable facilities and the applicable criminal provisions until such time as a plan exists that would reasonably allow a disabled individual affected by these statutes to vote. It also enjoined the State Board of Elections from allowing county boards of elections to reject a delivered absentee ballot without notice and an opportunity to be heard until the State Board of Elections puts such a uniform procedure in place. | |
| 10/14/2020: Order/Ruling, The court orders that Defendant-Intervenors' motion for injunctive relief is granted in part and denied in part. The Court granted relief with respect to the witness requirement cure procedure implemented in North Carolina State Board of Elections', enjoining enforcement of the provision allowing for the return of absentee ballots without a witness signature. The order also enjoins and prohibits the North Carolina State Board of Elections from more generally implementing a "cure procedure" which would approve an absentee ballot without a witness signature. The motion is denied without prejudice as to consideration of relief requested in 1:20CV911 and 1:20CV912, and also denies Plaintiffs' motion for Affirmative Relief. | ||
