North Carolina Cases September 10, 2021: Cmty. Success Initiative v. Moore
Court: North Carolina Supreme Court
Date: Sept. 10, 2021
Case Description
861 S.E.2d 885 (Mem)
COMMUNITY SUCCESS INITIATIVE; Justice Served NC, Inc. ; Wash Away Unemployment; North Carolina State Conference of the NAACP; Timothy Locklear ; Drakarus Jones; Susan Marion; Henry Harrison ; Ashley Cahoon; and Shakita Norman
v.
Timothy K. MOORE, in His Official Capacity as Speaker of the North Carolina House of Representatives; Philip E. Berger, in His Official Capacity as President Pro Tempore of the North Carolina Senate; the North Carolina State Board of Elections; Damon Circosta, in His Official Capacity as Chairman of the North Carolina State Board of Elections; Stella Anderson, in Her Official Capacity as Secretary of the North Carolina State Board of Elections; Kenneth Raymond, in His Official Capacity as Member of the North Carolina State Board of Elections; Jeff Carmon in His Official Capacity as Member of the North Carolina State Board of Elections; and David C. Black, in His Official Capacity as Member of the North Carolina State Board of Elections
No. 331P21-1
Supreme Court of North Carolina.
September 10, 2021
Nicole J. Moss, Attorney at Law, For Moore, Timothy K., et al.
Nathan A. Huff, Attorney at Law, Raleigh, For Moore, Timothy K., et al.
Daryl V. Atkinson, Attorney at Law, For Community Success Initiative, et al.
Whitley J. Carpenter, Attorney at Law, For Community Success Initiative, et al.
Kathleen F. Roblez, Attorney at Law, For Community Success Initiative, et al.
Ashley Mitchell, Attorney at Law, For Community Success Initiative, et al.
Terence Steed, Assistant Attorney General, For State Board of Elections.
Stephen D. Feldman, Attorney at Law, Raleigh, For Community Success Initiative, et al.
Matthew W. Sawchak, Attorney at Law, Raleigh, For Community Success Initiative, et al.
Adam K. Doerr, Attorney at Law, Charlotte, For Community Success Initiative, et al.
Caitlin Swain, Attorney at Law, For Community Success Initiative, et al.
Paul Mason Cox, Special Deputy Attorney General, For State Board of Elections.
Jared M. Butner, Attorney at Law, For Moore, Timothy K., et al.
Kellie Z. Myers, Trial Court Administrator.
[861 S.E.2d 886]
ORDER
On Plaintiffs’ Petition for a Writ of Supersedeas and Emergency Motion for a Temporary Stay, this Court orders that the status quo be preserved pending defendant's appeal of the expanded preliminary injunction issued initially by the trial court on 23 August 2021 in open court by maintaining in effect the original preliminary injunction issued on 4 September 2020 as it was understood at the time and implemented for the November 2020 elections. Further, the Court orders that the Court of Appeals stay issued 3 September 2021 be implemented prospectively only, meaning that any person who registered to vote at a time when it was legal for that person to register under then-valid court orders as they were interpreted at the time, shall remain legally registered voters. The North Carolina Board of Elections shall not remove from the voter registration database any person legally registered under the expanded preliminary injunction between 23 August 2021 and 3 September 2021, and those persons are legally registered voters until further Order.
In all other respects, Plaintiffs’ Petition for a Writ of Supersedeas and Emergency Motion for a Temporary Stay is denied without prejudice.
By order of the Court in conference, this the 10th day of September 2021