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MOORE v. KNIGHTDALE BD. OF ELECTIONS

No. 480PA91.

413 S.E.2d 541 (1992)

331 N.C. 1

Carl A. MOORE, Plaintiff, v. KNIGHTDALE BOARD OF ELECTIONS, Gene Anthony, Chairman, Judy Johnson and Dorothy Parrish, Members, Defendants, and North Carolina State Board of Elections; M.H. Hood Ellis, Chairman, Greg O. Allen, William A. Marsh, Ruth Turner, June K. Youngblood, Members, and Alex K. Brock, Executive Secretary-Director, Intervening-Defendants. and Vernon Charles BULLOCK, Plaintiff, v. KNIGHTDALE BOARD OF ELECTIONS, Gene Anthony, Chairman, Judy Johnson and Dorothy Parrish, Members, Defendants.

Supreme Court of North Carolina.

February 24, 1992.

Attorney(s) appearing for the Case

Tharrington, Smith & Hargrove by Michael Crowell, Raleigh, for plaintiff-appellee Carl A. Moore.

Hatch, Little & Bunn by John D. Elvers, Raleigh, for plaintiff-appellee Vernon Charles Bullock.

Lacy H. Thornburg, Atty. Gen. by Charles M. Hensey, Special Deputy Atty. Gen., Raleigh, for intervening defendant-appellants N.C. State Bd. of Elections, et al.

S. Ellis Hankins, Gen. Counsel, and Robert E. Hagemann, Asst. Gen. Counsel, Raleigh, for North Carolina League of Municipalities.

James B. Blackburn, III, Gen. Counsel, Raleigh, for North Carolina Ass'n of County Com'rs.

George T. Rogister, Jr., Gen. Counsel, Raleigh, for North Carolina School Bds. Ass'n, amici curiae.

WHICHARD, Justice.

Plaintiffs Carl A. Moore and Vernon Charles Bullock won election to the Knightdale Town Council in 1989 for terms to expire in 1993. More than forty days before the termination of their council terms both sought to become candidates for mayor of Knightdale, which office was scheduled to be filled by election on 5 November 1991. Pursuant to the authority of N.C.G.S. § 163-125, defendant, the Knightdale...

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