North Carolina Republicans Ditch Declarations in Election Suit

A pair of North Carolina state legislators defending the state’s election rules during the coronavirus pandemic have convinced a federal judge to strike a set of declarations as filed too late in the preliminary injunction briefing process.

Democracy North Carolina and the League of Women Voters of North Carolina waited until their reply brief in support of their request for injunctive relief to file two new factual declarations and an expert opinion with the court, Judge William L. Osteen Jr. said Monday for the U.S. District Court for the Middle District of North Carolina.

The plaintiffs delayed the litigation by withholding that information until after Timothy K. Moore (R), the speaker of the state House of Representatives, and Philip E. Berger (R), president pro tempore of the state Senate, filed their initial response in opposition to the request for injunctive relief, the court said Monday.

The plaintiffs want the court to block the enforcement of the state’s mail-in voting and voter registration deadlines, its restrictions on residency documentation, and its residency requirements for poll workers, among other election rules ahead of the November 2020 election.

They’ve also asked the court to order the implementation of increased online voter registration portals and contactless drop boxes for absentee ballots.

Because the parties all have agreed that the matter should be expedited ahead of the November 2020 general election, Osteen struck the untimely declarations instead of allowing Moore and Berger to draft and submit a surreply.

Moore and Berger will also be allowed to take depositions before the preliminary injunction hearing, the court said. The parties have already participated in an evidentiary hearing from July 20 to 22, according to the court’s opinion.

Limited pre-trial discovery will ensure a complete record and clarify the factual issues in dispute before the court decides whether injunctive relief is appropriate, Osteen said.

Cooper & Kirk PLLC represents Berger and Moore.

Wilmer Cutler Pickering Hale & Dorr LLP, the Southern Coalition for Social Justice, and the Fair Elections Center represent the plaintiffs.

The North Carolina Department of Justice represents the state board of elections.

The case is Democracy N.C. v. N.C. State Bd. of Elections, M.D.N.C., No. 20-cv-00457, 7/27/20.