IN THE GENERAL COURT OF JUSTICE - ‘SUPERIOR COURT DIVISION WAKECOUNTY 18-CVS.9748) NORTH CAROLINA | CHRISTOPHER J, ANGLIN, Plait, PHILLIP E. BERGER, in his official capacity as the PRESIDENT PRO TEMPORE OF THE NORTH. CAROLINA SENATE; TIMOTHY K, MOORE, in his oficial capacity as SPEAKER OF THE NORTH CAROLINA HOUSE OF REPRESENTATIVES; THE STATE OF NORTH CAROLINA; THE NORTH CAROLINA BIPARTISAN STATE. BOARD OF ELECTIONS AND ETHICS ENFORCEMENT; and KIMBERLY W. STRACH, inher offical capacity as EXECUTIVE DIRECTOR OF THE NORTH CAROLINA BIPARTISAN STATE BOARD OF ELECTIONS AND, ETHICS ENFORCEMENT, ORDER GRANTING PLAINTIFF'S ‘MOTION FOR PRELIMINARY INJUNCTION Defendants, THIS MATTER CAME ONTO BE HEARD before the Court during the August 13, 2018, Session of Superior Court, Wake County. All adverse partes to this ation received the notice required by Rule 65 of the Noth Carolina Rules of Civil Procedure, ‘The Court ‘considered the pleadings, arguments, briefs ofthe parties, supplemental affidavits, and the record «stablised thus far, a well as submissions of counsel in attendance. THE COURT, in the exercise of its disretion i for good eause shown, hereby makes the following:Findings of Fat 1.192016 and 2017, the North Carona General Assembly (hereinafter “the General Assembly" enacted laes making partisan ll elections fr jc office in North Carolina See 2016 N.C. Sess Laws 125, $$ 21(0), 21(h) (Court of Appeals and Supreme Cou); 2017 N.C. Sess, Laws 3, §§ 5, 14 (Superior and Distt Courts) 2. On October 17, 2017, Session Law 2017-214 (hereinafter 1.20174 4) became law notwithstanding the objections of Governor Rey Cooper. 8.1. 2017-214 became “effective January 1, 2018, and applie( dl] 1o all primaries and elections held on or after that dlate;” 2OLTN.C. Sess. Law. 214, § 5, S.L, 2017-214 cancelled the 2018 judicial primaries forall eandidates seeking. judicial office. In place of a judicial primary, S.L. 2017-214 provided that each person seeking judicial office was required to file a notice of candidacy, and that a “candidate, atthe time of filing the noice of candidacy under this seton, shall indicate onthe notice of candidacy the political party recognized under Artle 18 of Chapter 163A ofthe General Statute with which that candidate is affiliated or any unaffiliated status. The certificate required by subsection (Q) of this setion shall verify the party designation or unaffiliated status, and the vetted party designation or unaffiliated status shall be included onthe ballo.” 2017 N.C. Sess, Law. 214, § 400) 4. S.L. 2017-214 therefore required a eandidte'spoitial party afliiation to appear ‘on the ballot when that candidate chose to be alate with apolitical party’ and that party designation was verified as the party with which the candidate was registered, S.L, 2017-214 did ‘not, however, require the candidate's party affiliation or unaffiliated status be the same astheparty with which the eandidate was registered for any specific amount of time prior to the date of filing the notice of candidacy 5. On June 7,2018, Plaintiff changed his party egistration from the Democrati Party to the Republican Party by filing the necessary documentation with the Wake County 6 OnJune 18,2018, at noon the filing prio fo judicial candidates began, 7 On June 20,2018, Session Law 2018-13 (hereinafter “SL. 2018-13") became law notwithstanding the objections of Govemor Roy Coopet, S.L, 2018-13 provided that a Alislaimer would appear at the top ofthe judicial offices section ofthe 2018 general election ballot as follows “No primaries for judicial office were held in 2018, The information listed by each ofthe following candidates’ names indicates only the candidates” party affiliation or unaffiliated status on their voter registration atthe time they ied to run for office 2018 N.C. Sess, Law. 13, $200 8 On June 29,2018, Plant fled withthe Bipartisan State Board of Elections and shies Enforcement (hereinafter “the Bipartisan State Board of Elections” the necessary paperwork to run fora seat onthe Supreme Court of North Carolina, specifically as an associate justice, Plait lso paid the requisite ing ee 9. As required by S.L. 2017-214, Plant indicated on his notice of candidacy the political party, the Republican Party—with which he was afilisted, As required by 8. 2017-214, Plaintiff included a certification from the Wake County Board of Elections that his ration was with the Republican Party atthe time of bis fil pany his notice of candidacy, 10, On June 29, 2018, at noon the filing period for judicial candidates ended,