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Preclearance of a State Supreme-Court Decision That Provisional Ballots Have to Be Cast in the Correct Precinct

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
March 17, 2023

Kindley v. Bartlett (Terrence W. Boyle, E.D.N.C. 5:05-cv-177)
A federal class-action complaint challenged a state policy against counting provisional ballots cast in the wrong precinct, a policy recently allowed by the state’s supreme court. The federal district-court judge denied injunctive relief on a finding that the state was not attempting to enforce the policy in advance of preclearance pursuant to section 5 of the Voting Rights Act.
Subject: Provisional ballots. Topics: Provisional ballots; section 5 preclearance; matters for state courts; class action.

One of many Case Studies in Emergency Election Litigation.