PERRY v. BARTLETT

Nos. 99-1955, 99-2127, 99-2148.

231 F.3d 155 (2000)

William Bryant PERRY; Farmers for Fairness, Incorporated, Plaintiffs-Appellees, v. Gary O. BARTLETT, in his official capacity as Executive Director of the State Board of Elections of the State of North Carolina; Larry Leake, in his official capacity as Chairman of the State Board of Elections; S. Katherine Burnette, in her official capacity as a Secretary of the State Board of Elections; June K. Youngblood; Dorothy Presser, in her official capacity as a Member of the State Board of Elections; Faiger M. Blackwell, in his official capacity as a Member of the State Board of Elections; Michael F. Easley, in his official capacity as Attorney General for the State of North Carolina; Colon Willoughby, in his official capacity as District Attorney for the 10th Judicial District; William H. Andrews, in his official capacity as District Attorney for the 4th Judicial District; C. Branson Vickory, III, in his official capacity as District Attorney for the 8th Judicial District, Defendants-Appellants, and Donald M. Jacobs, Defendant. William Bryant Perry; Farmers for Fairness, Incorporated, Plaintiffs-Appellees, v. Gary O. Bartlett, in his official capacity as Executive Director of the State Board of Elections of the State of North Carolina; Larry Leake, in his official capacity as Chairman of the State Board of Elections; S. Katherine Burnette, in her official capacity as a Secretary of the State Board of Elections; June K. Youngblood; Dorothy Presser, in her official capacity as a Member of the State Board of Elections; Faiger M. Blackwell, in his official capacity as a Member of the State Board of Elections; Michael F. Easley, in his official capacity as Attorney General for the State of North Carolina; Colon Willoughby, in his official capacity as District Attorney for the 10th Judicial District; William H. Andrews, in his official capacity as District Attorney for the 4th Judicial District; C. Branson Vickory, III, in his official capacity as District Attorney for the 8th Judicial District, Defendants-Appellants, and Donald M. Jacobs, Defendant. William Bryant Perry; Farmers for Fairness, Incorporated, Plaintiffs-Appellants, v. Gary O. Bartlett, in his official capacity as Executive Director of the State Board of Elections of the State of North Carolina; Larry Leake, in his official capacity as Chairman of the State Board of Elections; S. Katherine Burnette, in her official capacity as a Secretary of the State Board of Elections; June K. Youngblood; Dorothy Presser, in her official capacity as a Member of the State Board of Elections; Faiger M. Blackwell, in his official capacity as a Member of the State Board of Elections; Michael F. Easley, in his official capacity as Attorney General for the State of North Carolina; Colon Willoughby, in his official capacity as District Attorney for the 10th Judicial District; William H. Andrews, in his official capacity as District Attorney for the 4th Judicial District; C. Branson Vickory, III, in his official capacity as District Attorney for the 8th Judicial District, Defendants-Appellees, and Donald M. Jacobs, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: October 3, 2000.


Attorney(s) appearing for the Case

ARGUED: Susan Kelly Nichols, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellants. Heidi Karin Meyer, Bopp, Coleson & Bostrom, Terre Haute, Indiana, for Appellees. ON BRIEF: Michael F. Easley, North Carolina Attorney General, Alexander McC. Peters, Special Deputy Attorney General, James Peeler Smith, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellants. James Bopp, Jr., James R. Mason, III, Bopp, Coleson & Bostrom, Terre Haute, Indiana, for Appellees.

Before HAMILTON, Senior Circuit Judge, John C. GODBOLD, Senior Circuit Judge of the United States Court of Appeals for the Eleventh Circuit, sitting by designation, and David A. FABER, United States District Judge for the Southern District of West Virginia, sitting by designation.


Affirmed by published per curiam opinion.

OPINION

PER CURIAM:

Appellees Farmers for Fairness, Inc. and William Bryant Perry (collectively "Farmers"), filed suit in federal court challenging certain provisions of the North Carolina election and campaign finance law and seeking declaratory and injunctive relief. Although determining that the question of the constitutionality of N.C. Gen. Stat. § 163-278.12A was moot following this court's decision...

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