Documents and Correspondence of the Presidential Advisory Commission on Election Integrity - Batch 3534 V. 1

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1 Documents and Correspondence of the Presidential Advisory Commission on Election Integrity - Batch 3534 [1] (2017)

handle is hein.prescomm/duscdeotp0001 and id is 1 raw text is:

Voter Inert PoetNC .v.Wk iy. B.o lcin

United States District Court for the Eastern District of North Carolina, Western Division
February 21, 2017, Decided; February 21, 2017, Filed
NO: 5:16-CV-683-BR

Reporter
2017 U.S. Dist. LEXIS 23565 *

VOTER INTEGRITY PROJECT NC, INC.,
Plaintiff, v. WAKE COUNTY BOARD OF
ELECTIONS, Defendant, and JENNIFER
MORRIS, EDWARD JONES, and SIOBHAN
MILLEN, Defendant-Intervenors.

Counsel: 1*11 For Voter Integrity Project NC, Inc.,
Plaintiff: Benton G. Sawrey, LEAD ATTORNEY,
Narron, O'Hale and Whittington, PA, Smithfield,
NC; John C. Adams, Kaylan L. Phillips, LEAD
ATTORNEYS, Public Interest Legal Foundation,
Alexandria, VA.
For Wake County Board of Elections, Defendant:
Allison Pope Cooper, Claire Hunter Duff, Roger A.
Askew, LEAD ATTORNEYS, Wake County
Attorney's Office, Raleigh, NC; Scott Wood
Warren, LEAD ATTORNEY, Raleigh, NC.
For Jennifer Morris, Edward Jones, Siobhan
Millen, Intervenor Defendants: Allison Jean Riggs,
LEAD ATTORNEY, Southern Coalition for Social
Justice, Durham, NC.

Judges: W. Earl Britt, Senior United States District
Judge.

Opinion by: W. Earl Britt

Opinion

ORDER

This matter is before the court on the motions to

dismiss of defendant Wake County Board of
Elections (WCBOE) and defendant-intervenors
Jennifer Morris, Edward Jones, and Siobhan Millen.
(DE ## 14, 27.) Plaintiff Voter Integrity Project NC,
Inc. (VIP-NC) has filed responses in opposition to
the motions. (DE ## 19, 30.) Defendant-intervenors
filed a reply. (DE # 33.) This matter is therefore ripe
for disposition.

L BACKGROUND

VIP-NC is an organization which has dedicated
significant time and resources to ensure that
voter t*2 rolls in the state of North Carolina, and in
Wake County, are free from ineligible registrants,
non-citizens, individuals who are no longer residents
and individuals who are registered in more than one
location. (Compl., DE # 1, T 3.) On 18 July 2016, it
filed this action alleging that WCBOE has violated
Section 8 ohe Nitionad Vorer Re ratio Act o
, and seeks
declaratory and injunctive relief and attorney's fees.

On 10 August 2016, WCBOE filed its answer, (DE
# 13), and motion to dismiss the complaint for failure
to state a claim for relief pursuant to r Rle o/
C' Pocedue 121b) On 3 October 2016,
defendant-intervenors, three individuals who are
actively engaged in voter registration and related
work, filed a motion to intervene. (DE # 22.) On 1
December 2016, the court allowed that motion. (DE
# 26.) The following day, defendant-intervenors
filed their motion to dismiss pursuant to Rue