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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA NORTH CAROLINA STATE CONFERENCE, ) OF THE NAACP, EMMANUEL BAPTIST ) CHURCH, NEW OXLEY HILL BAPTIST ) CHURCH, BETHEL A. BAPTIST CHURCH, ) COVENANT PRESBYTERIAN CHURCH, ) CLINTON TABERNACLE AME ZION CHURCH,) BARB
EE’S CHAPEL MISSIONARY BAPTIST
) CHURCH, INC., ROSANELL EATON, ) ARMENTA EATON, CAROLYN COLEMAN, ) BAHEEYAH MADANY, JOCELYN FERGUSON- ) KELLY, FAITH JACKSON, MARY PERRY, ) and MARIA TERESA UNGER PALMER, ) ) Plaintiffs, ) ) v. ) 1:13CV658 ) PATRICK LLOYD MCCRORY, in his ) Official capacity as Governor of ) North Carolina, KIM WESTBROOK ) STRACH, in her official capacity ) As Executive Director of the ) North Carolina State Board of ) Elections, RHONDA K. AMOROSO, ) in her official capacity as ) Secretary of the North Carolina ) State Board of Elections, JOSHUA ) D. MALCOLM, in his official ) Capacity as a member of the North ) Carolina State Board of Elections, ) PAUL J. FOLEY, in his official ) Capacity as a member of the North ) Carolina State Board of Elections ) and MAJA KRICKER, in her official ) capacity as a member of the North ) Carolina State Board of Elections, ) ) Defendants. ) __________________________________ ) LEAGUE OF WOMEN VOTERS OF NORTH ) CAROLINA; A. PHILIP RANDOLPH ) INSTITUTE; UNIFOUR ONESTOP ) COLLABOARATIVE; COMMON CAUSE NORTH )
Case1:13-cv-00658-TDS-JEPDocument184Filed08/08/14Pae1of125
2 CAROLINA; GOLDIE WELLS; KAY ) BRANDON; OCTAVIA RAINEY; SARA ) STOHLER; and HUGH STOHLER, ) ) Plaintiffs, ) ) and ) ) LOUIS M. DUKE; ASGOD BARRANTES; ) JOSUE E. BERDUO; CHARLES M. GRAY; ) NANCY J. LUND; BRIAN M. MILLER; ) BECKY HURLEY MOCK; MARY-WREN ) RITCHIE, LYNNE M. WALTER, and ) EBONY N. WEST, ) ) Plaintiff-Intervenors, ) ) v. ) 1:13CV660 ) THE STATE OF NORTH CAROLINA, ) JOSHUA B. HOWARD, in his official ) capacity as a member of the State ) Board of Elections; RHONDA K. ) AMOROSO, in her official capacity ) as a member of the State Board of ) Elections; JOSHUA D. MALCOLM, in ) his official capacity as a member ) of the State Board of Elections; ) PAUL J. FOLEY, in his official ) capacity as a member of the State ) Board of Elections; MAJA KRICKER, ) in her official capacity as a ) member of the State Board of ) Elections; and PATRICK L. ) MCCRORY, in his official capacity ) as the Governor of the State of ) North Carolina, ) ) Defendants. ) __________________________________ ) UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) 1:13CV861 )
Case1:13-cv-00658-TDS-JEPDocument184Filed08/08/14Pae2of125
3 THE STATE OF NORTH CAROLINA, ) THE NORTH CAROLINA STATE BOARD ) OF ELECTIONS; and KIM W. STRACH, ) in her official capacity as ) Executive Director of the North ) Carolina State Board of Elections, ) ) Defendants. ) __________________________________ )
MEMORANDUM OPINION AND ORDER
THOMAS D. SCHROEDER, District Judge. In these related cases, Plaintiffs seek a preliminary injunction pursuant to Federal Rule of Civil Procedure 65 barring Defendants from implementing various provisions of North Carolina Session Law 2013-
381 (“SL
2013-
381”), an omnibus
election-reform law.
1
(Docs. 96 & 98 in case 1:13CV861; Docs. 108 & 110 in case 1:13CV658; Docs. 112 & 114 in case 1:13CV660.)
2
Defendants move for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). (Doc. 94.) A trial on the merits is currently scheduled for July 2015. (Doc. 30 at 4.) Plaintiffs include the United States of America (the
1
Throughout the proceedings the parties have referred to the
challenged law as “House Bill 589,” its original designation by the
North Carolina General Assembly. Because it is a duly-enacted law passed by both chambers of the General Assembly and signed by the Governor, the court will refer to the final product as Session Law 2013-381. Prior to passage, the bill will be referred to as HB 589.
2
Because of the duplicative nature of the filings in these three cases, for the remainder of this Memorandum Opinion the court will refer only to the record in case 1:13CV861 except where necessary to distinguish the cases.
Case1:13-cv-00658-TDS-JEPDocument184Filed08/08/14Pae3of125