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1 Robert Timothy Reagan, Voter Registration Purges in North Carolina 1 (2018)

handle is hein.congcourts/fjcvrpncna0001 and id is 1 raw text is: CASE STUDIES IN EMERGENCY ELECTION LITIGATION Voter Registration Purges in North Carolina 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 chal- lenged widespread cancelation of voter registrations based on single instances of undeliverable mail. Finding that the National Voter Reg- istration Act proscribed systematic voter registration cancelations less than ninety days before a federal election and proscribed can- celations based on evidence of residence changes before two federal elections had occurred, a district judge enjoined the voter registra- tion cancelation program at issue in an opinion issued four days be- fore the election. The judge issued a permanent injunction about two years later. Topics: Nullifying registrations. Topics: Registration challenges; National Voter Registration Act. A state unit and a county unit of the NAACP and four voters whose voter registrations were challenged as part of what the plaintiffs called en masse challenges filed a federal complaint in the Middle District of North Carolina against election officials of North Carolina and three of its counties on Octo- ber 31, 2016, eight days before a general election, claiming that the late and widespread challenges violated the National Voter Registration Act (NVRA).' With their complaint, the plaintiffs filed a motion for a temporary restraining order.2 On the day that the case was filed, Judge Loretta C. Biggs set it for hearing two days later.' Judge Biggs issued a 28-page opinion on November 4 explain- ing her reasons for granting the plaintiffs a preliminary injunction. 1. Complaint, N.C. State Conference of the NAACP v. N.C. State Bd. of Elections, No. 1:16-cv-1274 (M.D.N.C. Oct. 31, 2016), D.E. 1; N.C. State Conference of the NAACP v. N.C. State Bd. of Elections, 283 F. Supp. 3d 393, 397 (M.D.N.C. 2017); see Pub. L. No. 103-31, 107 Stat. 77 (1993), as amended, 52 U.S.C. §§ 20501-20511 (2015). See generally Robert Timothy Reagan, Motor Voter: The National Voter Registration Act (Federal Judicial Center 2014). 2. Amended Temporary Restraining Order, N. C. State Conference of the NAACP, No. 1:16- cv-1274 (M.D.N.C. Oct. 31, 2016), D.E. 21; Temporary Restraining Order, id. (Oct. 31, 2016), D.E. 3; N.C. State Conference of the NAACP, 283 F. Supp. 3d at 397. 3. Order, id. (Oct. 31, 2016), D.E. 24; see Transcript, id. (Nov. 2, 2016, filed Oct. 23, 2017), D.E. 79; Minutes, id. (Nov. 2,2016), D.E. 40; N.C. State Conference of the NAACP, 283 F. Supp. 3d at 397; see also Martha Waggoner & Jonathan Drew, Judge Says Voter-Challenge Process Seems Insane in Swing State of N.C., Miami Herald, Nov. 3, 2016, at 16A. 4. Opinion, N.C. State Conference of the NAACP, No. 1:16-cv-1274 (M.D.N.C. Nov. 4, 2016), D.E. 42, 2016 WL 6581284; N.C. State Conference of the NAACP, 283 F. Supp. 3d at 397-98; see Preliminary Injunction, N.C. State Conference of the NAACP, No. 1:16-cv-1274 (M.D.N.C. Nov. 4, 2016), D.E. 43; see also Anne Blythe, Judge: N.C. Counties Must Restore Voters, Winston-Salem J., Nov. 5, 2016, at A7; Jonathan Drew & Gary D. Robertson, Judge Says N.C. Counties Must Restore Voters Removed from Rolls, Miami Herald, Nov. 5, 2016, at Federal Judicial Center 8/15/2018 1

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