NC COVID-19 Litigation

Democracy N.C. vs NCBOE

The Southern Coalition for Social Justice, Fair Elections Center and pro bono counsel from the law firm WilmerHale have filed a lawsuit demanding North Carolina take the necessary steps to guarantee a fair, safe election in November, given the likelihood that the state and the country will still be experiencing the effects of the COVID-19 pandemic. The suit was filed on behalf of Democracy North Carolina, the League of Women Voters of North Carolina and eight individual voters.


Defendants of the suit, filed in the U.S. Middle District of North Carolina, include the North Carolina State Board of Elections, the North Carolina Department of Transportation and the North Carolina Department of Health and Human Services as well as leaders of the three organizations in their official capacities.


The plaintiffs ask the Court to take immediate action including:

  • Waiving the requirement that voter registration applications be submitted at least 25 days before the election.


  • Making it easier to request and submit an absentee ballot, including waiving the witness requirement and allowing absentee ballots to be requested via phone, email or online.


  • Creating a process for absentee ballots to be submitted in a manner other than by mail, such as contactless drop boxes where they could be delivered.


  • Making in-person voting safer, including loosening restrictions on poll worker recruitment, creating greater flexibility in early voting sites and providing personal protective equipment to all precinct workers.




Complaint (5.22.20)

First Amended Complaint (6.5.20)

Plaintiff's Motion For Preliminary Injunction and Request to Expedite (6.5.20)

Plaintiff's Memorandum in Support of the Motion For Preliminary Injunction and Request to Expedite (6.5.20)



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