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PRESTON v. LEAKE

No. 10-2294.

660 F.3d 726 (2011)

Sarah PRESTON, Plaintiff-Appellant, v. Larry LEAKE, in his official capacity as Chairman of the North Carolina State Board of Elections; Charles Winfree, in his official capacity as a Member of the North Carolina State Board of Elections; Robert Cordle, in his official capacity as a Member of the North Carolina State Board of Elections; Anita S. Earls, in her official capacity as Secretary of the North Carolina State Board of Elections; Bill W. Peaslee, in his official capacity as a Member of the North Carolina State Board of Elections, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: November 7, 2011.

Attorney(s) appearing for the Case

ARGUED: Thomas Hamilton Segars , Ellis & Winters, LLP, Raleigh, North Carolina, for Appellant. Susan Kelly Nichols , North Carolina Department of Justice, Raleigh, North Carolina, for Appellees. ON BRIEF: Jonathan D. Sasser , Ellis & Winters, LLP, Raleigh, North Carolina; Katherine L. Parker , Raleigh, North Carolina, for Appellant. Roy Cooper , Attorney General, Alexander McC. Peters , Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge KING and Senior Judge HAMILTON joined.

OPINION

NIEMEYER, Circuit Judge:

Sarah Preston, a North Carolina registered lobbyist, commenced this action under 42 U.S.C. § 1983 against the North Carolina State Board of Elections to challenge the constitutionality—facially and as applied—of North Carolina's "Campaign Contributions Prohibition," N.C. Gen.Stat. § 163-278.13C(a) (2011), which prohibits any registered lobbyist from contributing to the campaign of any candidate for...

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