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No Federal Injunction Against Extension of Absentee-Ballot Receipt Deadline in North Carolina

Robert Timothy Reagan
September 4, 2023

Moore v. Circosta (4:20-cv-182 and 5:20-cv-507) (James C. Dever III) and Wise v. North Carolina State Board of Elections (Richard E. Myers II and James C. Dever III, 5:20-cv-505) (E.D.N.C.) and Moore v. Circosta (1:20-cv-911) and Wise v. North Carolina State Board of Elections (1:20-cv-912) (William L. Osteen, Jr., M.D.N.C.)
Two federal actions filed in the Eastern District of North Carolina challenged modifications to election rules that accommodated a state-court settlement and the dangers of a global infectious Covid-19 pandemic. A district judge granted a temporary re-straining order and transferred the cases to the Middle District where related litigation was pending. The Middle District judge denied the plaintiffs additional relief, and the Eastern District order expired. The court of appeals and the Supreme Court denied the plaintiffs injunctive relief.
Subject: Absentee and early voting. Topics: Absentee ballots; Covid-19; equal protection; matters for state courts; case assignment; intervention.

One of many Case Studies in Emergency Election Litigation.