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DELANEY v. BARTLETT

No. Civ.1:02 CV 00741.

370 F.Supp.2d 373 (2004)

Paul DELANEY; Mary Elizabeth Boyd; and Cynthia Jane Wyatt, Plaintiffs, v. Gary O. BARTLETT, in his official capacity as Executive Secretary-Director of the North Carolina State Board of Elections; and North Carolina Board of Elections, Defendants.

United States District Court, M.D. North Carolina.

July 26, 2004.

Attorney(s) appearing for the Case

Kris Vincent Williams, Sylva, NC, for Plaintiffs.

Susan Kelly Nichols, Alexander McClure Peters, Department of Justice, Raleigh, NC, for Defendants.

MEMORANDUM OPINION

BULLOCK, District Judge.

An unaffiliated candidate running for statewide office in North Carolina must comply with the eligibility requirements of North Carolina General Statute § 163-122(a)(1) to be placed on the general election ballot. Plaintiff Paul DeLaney and his supporters contend that this statute impermissibly infringes on the rights guaranteed by the First and Fourteenth Amendments to the United States Constitution...

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