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IN RE ELECTION PROTEST OF FLETCHER

No. COA05-706.

625 S.E.2d 564 (2006)

In re ELECTION PROTEST OF Bill FLETCHER.

Court of Appeals of North Carolina.

February 7, 2006.

Attorney(s) appearing for the Case

Tharrington Smith, L.L.P., by Michael Crowell and Deborah Stagner, Raleigh, and Hunter, Higgins, Miles, Elam and Benjamin, P.L.L.C., by Robert N. Hunter, Jr., Greensboro, for Bill Fletcher.

Attorney General Roy Cooper, by Solicitor General Christopher G. Browning, Jr., Special Deputy Attorney General Susan K. Nichols, and Special Deputy Attorney General Alexander McC. Peters, for appellee North Carolina State Board of Elections.

Wallace, Nordan & Sarda, L.L.P., by John R. Wallace and Joseph A. Newsome, Raleigh, for appellee June S. Atkinson.

ELMORE, Judge.

Bill Fletcher (Fletcher), the Republican candidate for Superintendent of Public Instruction in the 2 November 2004 election, appeals an order of the trial court abating his election protest. Fletcher received 1,647,184 votes and Democratic candidate June Atkinson (Atkinson) received 1,655,719 votes. As a result, Atkinson led Fletcher by 8,535 votes. The ballots of 4,438 voters in Carteret County who voted...

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