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JAMES v. BARTLETT

No. 602PA04-2.

607 S.E.2d 638 (2005)

359 N.C. 260

William JAMES, an elector, for himself and others similarly situated; William "Bill" Fletcher, candidate for Superintendent of Public Instruction; and Trudy Wade, candidate for Guilford County Commissioner at large v. Gary O. BARTLETT, as Executive Director of the North Carolina State Board of Elections; Larry Leake, Robert Cordle, Genevieve C. Sims, Lorraine G. Shinn, and Charles Winfree, in their official capacity as members of the State Board of Elections; the State Board of Elections; and Roy Cooper, in his official capacity as Attorney General of the State of North Carolina; and June S. Atkinson and W. Britt Cobb, Intervenors. In re Election Protest of Bill Fletcher in the November 2, 2004, General Election for Superintendent of Public Instruction. In re Election Protest of Dr. Trudy Wade in the November 2, 2004, General Election for Guilford County Commissioner at large.

Supreme Court of North Carolina.

February 4, 2005.

Attorney(s) appearing for the Case

Tharrington Smith, L.L.P., by Michael Crowell, Raleigh, and Hunter, Higgins, Miles, Elam and Benjamin, P.L.L.C., by Robert N. Hunter, Jr., Greensboro, for plaintiff-appellants and for petitioner-appellants Bill Fletcher and Trudy Wade.

Roy Cooper, Attorney General, by Christopher G. Browning, Jr., Solicitor General, and Susan K. Nichols and Alexander McC. Peters, Special Deputy Attorneys General, for defendant-appellees.

Wallace, Nordan & Sarda, L.L.P., by John R. Wallace and Joseph A. Newsome, Raleigh, for intervenor-defendant-appellees and for respondent-appellees June S. Atkinson and John Parks.

Anita S. Earls, Chapel Hill, for Rodney J. Sumler, Aljihad Shabazz, Democracy North Carolina, League of Women Voters of North Carolina, North Carolina Fair Share, Southeastern Church Action for Safe and Just Communities, and Winston-Salem Voting Rights Coalition, amici curiae.

Marshall Hurley, P.L.L.C., by Marshall Hurley, Greensboro, and Respess & Jud, by W. Wallace Respess, Jr., Lenoir, for Steven W. Troxler, amicus curiae.

WAINWRIGHT, Justice.

This case involves election disputes between plaintiff Bill Fletcher and defendant-intervenor June Atkinson, candidates for North Carolina Superintendent of Public Instruction, and plaintiff Trudy Wade and respondent John Parks, candidates for Guilford County Commissioner at large.1

The overriding issue that has been thrust upon this Court in the present case, and...

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