HENDON v. NORTH CAROLINA STATE BD. OF ELECTIONS

No. 82-2122.

710 F.2d 177 (1983)

W.M. (Bill) HENDON, Bill Hendon for Congress Committee, Peggy B. Hannah, individually and on behalf of other voters of the Eleventh Congressional District of N.C., Appellants, v. NORTH CAROLINA STATE BOARD OF ELECTIONS, Robert W. Spearman, Chairman, and Elloree M. Erwin, Ruth T. Semashko, William A. Marsh, Jr., Robert R. Browning, Members of the N.C. State Bd. of Elections, Haywood County Board of Elections, Jim Francis, Chairman, and Tom Hart, Frank Queen, Members of the Haywood County Board of Elections, Henderson County Board of Elections, T.E. Mullinax, Jr., Chairman, Nicholas Semashko, Larry Justus, Members of the Henderson County Board of Elections, McDowell County Board of Elections, S.R. "Jack" Triplett, Chairman, and Janet N. Norton, Walter W. Bill Rowe, Members of McDowell County Board of Elections, Rutherford County Board of Elections, James H. Burwell, Chairman, J.D. Cooley, Bill Penson, Members, Rutherford County Board of Elections, Transylvania County Board of Elections, John R. Hudson, Chairman, William C. Mann, Henry R. Crais, Members Transylvania Board of Elections, and Jamie McClure Clark, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 23, 1983.


Attorney(s) appearing for the Case

Robert B. Long, Jr., Asheville, N.C. (Long, Parker & Payne, Asheville, N.C., James F. Schoener, Miller, Canfield, Paddock & Stone, Birmingham, Mich., on brief), for appellants.

James Wallace, Jr., Deputy Atty. Gen. for Legal Affairs, Raleigh, N.C. (Sandra M. King, Asst. Atty. Gen., Raleigh, N.C., on brief), and Herbert L. Hyde, Asheville, N.C. (Herbert L. Hyde, P.A., Asheville, N.C., on brief), for appellees.

Before WINTER, Chief Judge, ERVIN, Circuit Judge, and BUTZNER, Senior Circuit Judge.


BUTZNER, Senior Circuit Judge:

W.M. Hendon, his re-election committee, and Peggy B. Hannah appeal from a judgment of the district court declaring certain North Carolina election laws constitutional and denying a recount of ballots cast in the November 2, 1982, general election for the United States House of Representatives for the eleventh district of North Carolina. We reverse in part and declare portions of N.C. Gen.Stat. §§ 163-151 and 163-170 (1982)...

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