North Carolina: These candidates lost the election but might get a do-over. Some want to stop them. | News & Observer

State Rep. Beverly Boswell was defeated in a bitter primary just weeks ago, but members of a new party want to make sure that she and other defeated candidates will be able to try again in November if they choose. Those options could close if the legislature includes what’s called a “sore loser” provision in an election law. State law prevents candidates who lose primaries from running for the same office that same year as write-in candidates. The new proposal would extend the prohibition to defeated candidates running as members of the Green Party or Constitution Party. The Green Party won state recognition this year and the Constitution Party is expected to make it. Members of the Constitution Party delivered petitions to the state elections board Wednesday with enough signatures, they said, to earn official recognition as the state’s fifth party. The Constitution Party would join Democrats, Republicans, Libertarians, and Greens.

North Carolina: As a guard against hackers, Wake County will stop using modems to transmit election results | News & Observer

Waiting is agony on election nights for voters eager to see who won, and now people in Wake and a few other counties who are used to speedy reporting of local results are going to have to sit longer in suspense. The State Board of Elections told Wake, Harnett and three small elections offices in western North Carolina to stop using modems to transmit vote totals from their tabulators into the state system after the polls close. In an a atmosphere of heightened election security, modems have been identified as potential hacker targets.

North Carolina: Judge: Libel case over double-voting accusations to continue | News & Observer

Four North Carolina voters can pursue their libel lawsuit against allies of former Gov. Pat McCrory and a Virginia law firm that tried to help the Republican politician’s unsuccessful effort to disqualify votes and win re-election in 2016, attorneys learned Tuesday. Superior Court Judge Allen Baddour notified attorneys he’s decided to allow the four plaintiffs to continue their claims against the Pat McCrory Committee Legal Defense Fund, the Holtzman Vogel Josefiak Torchinsky law firm and four of the Warrenton, Virginia-based firm’s attorneys. The McCrory allies helped mount a last-ditch effort to sway a close election for governor by accusing voters in 52 counties of double voting and other misdeeds. The voters from Guilford and Brunswick counties sued after being falsely accused of felony voting crimes like casting ballots in multiple states.

North Carolina: Judges won’t halt North Carolina county’s legislative elections | Associated Press

North Carolina trial-court judges refused Friday to delay state legislative elections in and around Raleigh next month while litigation challenging several House districts continues. A three-judge panel declined to halt the May 8 primary for at least four Wake County House races because voting is already happening. The decision also likely preserves the use of those and surrounding Wake districts in the November general election. General Assembly boundaries have been redrawn since last summer by Republican legislators and federal courts, the result of other lawsuits. In the latest case, state NAACP, League of Women Voters of North Carolina and other groups and voters argued the GOP-controlled General Assembly went too far last August when lawmakers altered four Wake House districts.

North Carolina: Federal appeals court backs skipping judicial primaries in North Carolina | Greensboro Bews & Record

Federal appellate judges affirmed on Monday their earlier decision blocking a lower court’s order that would have reinstated primary elections this year for statewide judicial offices. A three-judge panel of the 4th U.S. Circuit Court of Appeals vacated a Jan. 31 order by U.S. District Judge Catherine Eagles that effectively required 2018 primaries for statewide judgeships that had been waived by a new state law. The Republican-led General Assembly passed the law in 2017 to cancel judicial primaries during the 2018 election cycle while it considers plans to overhaul the state judiciary, including appellate, superior and district courts.

North Carolina: Elections ethics power struggle: Roy Cooper appoints board | News & Observer

Many voters in North Carolina fill in ballots on Election Day, slide them into voting machines, maybe pick up an “I voted” sticker on the way out of the polling place, watch for the results and think it’s all over. But the 2016 elections in North Carolina showed how much can happen after the last ballot is cast. There was a post-election campaign after Democrat Roy Cooper defeated Republican Pat McCrory in a narrow 10,277-vote victory, with voter challenges and recount petitions filed across the state. It wasn’t until a month later that McCrory acknowledged he lost. The monthlong election aftermath from two years ago provides insight into one of the power struggles going on between the Republican-led General Assembly and Cooper. The state elections and ethics board has been in limbo for much of the past year as Cooper has turned to the courts to overturn attempts by lawmakers to have greater sway in who’s appointed to it.

North Carolina: Cooper to Appoint North Carolina Elections Board This Week | Associated Press

North Carolina Gov. Roy Cooper will appoint members to a combined state elections and ethics board this week, even while he continues to fight in court over the legality of the board’s latest iteration. Cooper’s office announced the decision Wednesday, two days before a new law approved by Republicans last month creating a nine-member panel is supposed to take effect. The Democratic governor has sued GOP legislative leaders three times — the latest lawsuit coming Tuesday — over legislation creating different versions of the joint board. The first lawsuit was filed in December 2016, just before Cooper got sworn in. A state board administering elections and campaign finance laws has been vacant since last June while the constitutionality of the combination board has been litigated. While election board staff performed their duties, policy decisions got delayed and contested municipal election results had to be settled by judges.

North Carolina: Cooper agrees to appoint Board of Elections | WRAL

Gov. Roy Cooper announced Wednesday that he’ll make appointments to a long-delayed new State Board of Elections and Ethics Enforcement this week while simultaneously continuing to fight the Republican-mandated changes to the board in court. The appointments would allow the organization, which has staff but no appointed board, to clear a backlog of work ahead of this year’s elections. Among other things, the board appoints county boards of elections. Those local boards oversee election logistics, including approving early voting sites and certifying election equipment. Twenty-five of North Carolina’s 100 counties, including Wake and Cumberland counties, do not have functioning boards because they have too few members. Cooper’s announcement was made as part of a press release titled “Governor’s Office Comment on GOP’s Continued Effort to Rig Elections.”

North Carolina: Battle over state elections board rages on | WRAL

Two days before a bill fixing problems with state class sizes was set to become law, Gov. Roy Cooper’s administration on Tuesday filed a legal challenge to a provision of the measure dealing with the state elections board. The request for a temporary restraining order is the latest shot in a long-running war between the Democratic governor and Republican legislative leaders over the elections board that even predates his inauguration. In a special December 2016 session, Republican lawmakers created an eight-member State Board of Elections & Ethics Enforcement that would be evenly divided between Republicans and Democrats. The elections board has traditionally had five members, with the majority belonging to the governor’s party.

North Carolina: Dozens of local elections boards paralyzed weeks before primaries | WRAL

With primaries two months away, North Carolina’s election system remains in legal limbo, and a court order issued Monday scrambled the situation even more. Twenty-five of the state’s 100 counties, including Wake and Cumberland counties, have no functioning elections board to settle questions of polling locations and early voting hours. Each of those counties has only two members on its elections board. They were allowed to function by a state Supreme Court order last summer while wrangling over the makeup of the state elections board played out in court. That wrangling dates to a December 2016 law that merged the State Board of Elections and the State Ethics Commission into an eight-member panel evenly split between Democrats and Republicans. County boards, under that law, were expanded from three to four members, again evenly divided by party.

North Carolina: GOP defendants protest $124K bill from election map special master | Greensboro News and Record

Republican legislative defendants in North Carolina’s racial gerrymandering case say state taxpayers should not have to pay the full $124,125 bill from a special master in the federal lawsuit. A lawyer for state Senate Leader Phil Berger (R-Eden), state House Speaker Tim Moore (R-Kings Mountain) and other current and former GOP officeholders contends Stanford law professor Nathaniel Persily’s services were never really needed as special master. “The taxpayers of North Carolina should not be responsible for the fees and expenses incurred by the special master in this matter because it was not necessary for the court to employ a special master to fix the constitutional deficiencies,” attorney Phillip Strach of Raleigh said in his written objection to the bill Persily submitted recently.

North Carolina: Another redistricting lawsuit filed in North Carolina — this one over Wake election districts | News & Observer

Organizations that have challenged North Carolina redistricting plans are going back to state court over the General Assembly’s redrawing last year of election districts — this time with a new lawsuit challenging four state House districts in Wake County. The challengers are arguing that lawmakers violated the state constitution when they redrew Wake County election districts mid-decade when federal judges had not ordered them to do so to correct other districts ruled to be racial gerrymanders.

North Carolina: Confusion over election districts could have consequences | Fayetteville Observer

Fayetteville resident Fred Cutter knows his representative in the state House for years has been Marvin Lucas. This year? He’s not so sure. Not that Cutter would vote for the Spring Lake Democrat — “I’m about as blood-red Republican as you can get,” Cutter said. But confusion over North Carolina’s scrambling of district boundaries since 2016 could be a major theme of this year’s crucial midterm elections. Even as candidates began filing to run last week, neither congressional nor state legislative districts are certain, due to unsettled court battles over the role of race and politics in district boundaries. The courts may order more changes to districts, which could throw campaigns into chaos ahead of the May primaries or November election.

North Carolina: Why is election board fight still unsettled? | Associated Press

Democratic Gov. Roy Cooper won a big legal decision over Republican legislative leaders last month when the N.C. Supreme Court sided with him in his lawsuit seeking to nullify a GOP-backed restructuring of the State Board of Elections & Ethics Enforcement. Since then, GOP legislators decided to pass the third piece of legislation in 15 months that alters the board’s makeup. Cooper railed against those latest changes but announced that he will let them become law anyway. The litigation isn’t over, and candidate filing this year began last week still without any seated elections and ethics board members.

North Carolina: Federal judges: No primaries for appeals court seats | Associated Press

Primaries for North Carolina state appellate court seats won’t happen this year if a federal appeals court decision stands. A panel of judges Friday reversed a lower court decision that would have required the primaries, giving a victory to Republican state lawmakers. The GOP-controlled General Assembly voted last October to cancel the 2018 primaries for both trial court and appellate court seats. GOP lawmakers argued it made sense to hold only one general election for each seat this year because the House and Senate were debating changes to election districts for the trial court seats. They said they didn’t want to create confusion if new districts were approved after candidate filing was completed under previous boundaries.

North Carolina: After one more ruling, North Carolina candidates begin filing | Associated Press

Hundreds filed for congressional, legislative and county positions Monday as the North Carolina candidate period opened, but not before yet another court ruling was issued from reams of pending litigation seeking to alter more districts or filing dates. Hours before election board offices statewide began accepting candidate forms at noon, a panel of state trial judges denied a motion by Democrats and voting rights g roups seeking changes to more than a dozen state House districts in and around Raleigh and Charlotte. The decision against those who originally sued over General Assembly maps approved in 2011 and favoring Republicans means districts in those areas approved last summer by the GOP-controlled legislature are being used for primary and general elections this year.

North Carolina: Supreme Court Issues Partial Stay in North Carolina Voting Case | The New York Times

The Supreme Court partly granted on Tuesday a request from North Carolina Republicans to block a voting map drawn by a federal court there. That court had interceded after finding that a map drawn by state lawmakers for the General Assembly had relied too heavily on race and had violated state laws. The Supreme Court’s order, which was brief and gave no reasons, partly blocked that decision while the justices consider whether to hear an appeal in the case. The justices seemed to split into three camps: Justices Clarence Thomas and Samuel A. Alito Jr. said they would have granted the entire request; Justices Ruth Bader Ginsburg and Sonia Sotomayor said they would have granted none of it; and Chief Justice John G. Roberts Jr. and Justices Anthony M. Kennedy, Stephen G. Breyer, Elena Kagan and Neil M. Gorsuch appeared to take the middle position.

North Carolina: After Supreme Court ruling, gerrymander challengers turn to state court for relief | News & Observer

Democrats and voters who filed the first lawsuit this decade challenging North Carolina lawmakers’ redistricting plans went back to state court on Wednesday, seven years after challenging the 2011 election maps, seeking relief from districts they contend still weaken the overall influence of black voters. The request comes the day after the U.S. Supreme Court partially granted a request from Republican lawmakers to block election lines drawn by a Stanford University law professor for four state House districts in Wake County and one House district in Mecklenburg County while they appealed a three-judge panel’s ruling. Republicans contended in the federal case that some of the legal questions should have been settled in state court because they involved questions about violations to the state constitution, but now they are speaking out against further proceedings there.

North Carolina: GOP responds to voters’ claims of bias in legislative redistricting saga | Greensboro News & Record

Attorneys for North Carolina’s legislative defendants urged Chief Justice John Roberts of the U.S. Supreme Court to issue a stay of a lower-court order that recently imposed new state House and Senate districts in the Greensboro area and several other parts of the state. They said a three-judge panel based in Greensboro mistakenly bought into arguments by civil rights activists that the lawyers for three, current Republican leaders and one former GOP legislator called illogical and unconstitutional. “In sum, plaintiffs did not properly challenge the 2017 law … and their federal law objections rest on the Orwellian claim that the legislature engaged in racial gerrymandering by not considering race,” lead lawyer Paul Clement and several others said in the petition filed Monday.

North Carolina: Elections board lawsuit: Republicans drop nominees | News & Observer

In the wake of a state Supreme Court ruling, the North Carolina Republican Party is withdrawing nominations it made in April to the combined State Board of Elections and Ethics Enforcement. NCGOP General Counsel Thomas Stark sent a letter to Gov. Roy Cooper on Thursday to tell him the party “rescinds its pending nomination” because “the Governor no longer has authority to appoint to this board until further action by the General Assembly or the trial court.”

North Carolina: Justices won’t move elections ruling quickly | Associated Press

The North Carolina Supreme Court on Friday refused Gov. Roy Cooper’s requests to accelerate legal action in a power struggle with Republican legislators. In one-sentence denials without explanation, the court denied motions by Cooper’s attorneys in litigation challenging the composition of the state elections and ethics board. The legal action stems from the justices’ earlier ruling favoring Cooper.

North Carolina: In power struggle with GOP lawmakers, Cooper wins election board revamp lawsuit | News & Observer

For the second time since Democratic Gov. Roy Cooper took office, the state Supreme Court issued a ruling striking down an attempt by the Republican-led General Assembly to revamp the state elections board. In a 4-3 ruling that breaks down along the court’s partisan lines, the justices found that a law passed in 2017 that merged the state Board of Elections with the state Ethics Commission and limited Cooper’s power to appoint a majority of its members violated the state Constitution’s separation of powers clause. The ruling, in a case that has attracted national attention, means that the governor’s party will control elections boards at the state and county levels, as has been the case for decades before Cooper defeated one-term Republican Gov. Pat McCrory. That could have implications for voting hours and poll locations in this year’s elections.

North Carolina: Cooper Seeks Fast Movement Following Elections Board Ruling | Associated Press

Gov. Roy Cooper wants the legal wheels to spin faster after the North Carolina Supreme Court tossed out laws governing the makeup of a combined state elections and ethics board, hoping that will let him seat a new elections board quickly. Cooper’s private attorneys asked the justices Tuesday to hurry up formalizing last Friday’s split decision that favored Cooper. The court’s majority opinion said lawmakers had gone too far by requiring Cooper, a Democrat, to choose half of the members of the combined board from a list of candidates generated by the Republican Party. Under legal rules, the justices’ order doesn’t get sent to the panel of three trial judges who initially heard the case until Feb. 15. Then those judges will issue its own ruling on how the majority opinion affects the challenged laws.

North Carolina: Judges refuse to delay legislative districts | Associated Press

A three-judge panel Friday refused North Carolina Republican lawmakers’ request to block the use of new legislative district maps the judges approved for this year’s elections. Even with the unanimous denial by the federal judges, GOP lawmakers have a similar request pending at the U.S. Supreme Court. Chief Justice John Roberts wants a brief from the voters who’ve successfully sued over state House and Senate districts by late next week. Candidate filing begins Feb. 12, with primaries to be held in May. Republican legislative leaders “fall far short of meeting their ‘heavy burden’ to obtain the extraordinary relief of a stay under the unique facts of this case,” the judges wrote.

North Carolina: Judge Hears Arguments on Restoring Halted Judicial Primary | Associated Press

A North Carolina law canceling this year’s judicial primaries came Wednesday before a federal judge who will decide whether the law should be implemented after hearing arguments about the right of political parties to back candidates and the General Assembly’s authority to set election parameters. The state Democratic Party and several county Democratic parties sued last month over an October law that eliminated partisan primaries for trial and appellate court judgeships for this year only. They said it violated their constitutional right to associate as a party and choose in an election people they believe best represents their party for the general elections.

North Carolina: Federal judges tell lawmakers to use Stanford professor’s maps | News & Observer

A panel of federal judges has ordered North Carolina lawmakers to use maps created by a Stanford University law professor in the coming elections – in the second ruling this week on a state redistricting case. The ruling, released on Friday, comes less than a month before the filing period opens on Feb. 12 for candidates seeking office in the state Senate and House of Representatives. The ruling has an impact on districts in eight counties – Senate districts in Cumberland, Guilford and Hoke, and House districts in Bladen, Guilford, Mecklenburg, Sampson, Wake and Wayne counties. All other districts remain as adopted by lawmakers in late August.

North Carolina: Supreme Court Temporarily Blocks North Carolina Gerrymandering Ruling | The New York Times

The Supreme Court on Thursday temporarily blocked a trial court’s order requiring North Carolina lawmakers to produce a revised congressional voting map, making it likely that the midterm elections this year will be conducted using districts favorable to Republican candidates. The trial court had found that Republican legislators in the state had violated the Constitution by drawing congressional voting districts to hurt the electoral chances of Democratic candidates. The Supreme Court’s move was expected and not particularly telling. The court, which is considering two other major tests of partisan gerrymandering, has granted stays in similar settings. Its decisions in the pending cases, from Wisconsin and Maryland, are likely to effectively decide the North Carolina case, too. Justices Ruth Bader Ginsburg and Sonia Sotomayor noted dissents from Thursday’s order, which was brief and unsigned.

North Carolina: Don’t ‘reward gamesmanship and obstinacy,’ North Carolina gerrymander challengers say | News & Observer

Attorneys representing voters who successfully challenged North Carolina’s congressional districts as unconstitutional partisan gerrymanders are protesting lawmakers’ attempt to use the election maps again this year. U.S. Supreme Court Justice John Roberts had given attorneys until noon Wednesday to offer response to a request last week from Republican legislative leaders for the country’s high court to get involved in another gerrymandering case in North Carolina. “In the 2016 election, Republican congressional candidates received slightly more than 50 percent of the statewide vote in North Carolina,” attorneys for the League of Women Voters wrote in opposition to lawmakers’ request for an emergency stay that would put a lower court’s ruling on hold. “With this slim majority, they won ten of North Carolina’s congressional seats. The resulting partisan asymmetry was the largest in the country in the 2016 election, and the fourth-largest, on net, of all congressional plans nationwide since 1972.”