No. 19-2265.

996 F.3d 257 (2021)

PUBLIC INTEREST LEGAL FOUNDATION, INC., Plaintiff-Appellant, v. NORTH CAROLINA STATE BOARD OF ELECTIONS; Karen Brinson Bell, in her official capacity as Executive Director of the North Carolina State Board of Elections, Defendants-Appellees. Association of Mexicans in North Carolina; El Pueblo, Inc.; North Carolina Asian Americans, Amici Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: May 10, 2021.

Attorney(s) appearing for the Case

ARGUED: William Earl Davis , FOLEY & LARDNER LLP, Jacksonville, Florida, for Appellant. Ryan Y. Park , NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees. ON BRIEF: Noel H. Johnson , Kaylan L. Phillips , PUBLIC INTEREST LEGAL FOUNDATION, Indianapolis, Indiana, for Appellant. Joshua H. Stein , Attorney General, Caryn Devins Strickland , Solicitor General Fellow, Paul M. Cox , Special Deputy Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees. Allison Riggs , Jeffrey Loperfido , SOUTHERN COALITION FOR SOCIAL JUSTICE, Durham, North Carolina; Donald Salzman , Geoffrey Wyatt , Kathleen Shelton , Desislava Kireva , Washington, D.C., for Amici Association of Mexicans in North Carolina, Inc., El Pueblo, Inc., and North Carolina Asian Americans.

Vacated and remanded with instructions by published opinion. Judge Keenan wrote the opinion, in which Chief Judge Gregory and Judge Agee joined.

In this appeal, we consider whether the district court erred by dismissing under Federal Rule of Civil Procedure 12(b)(6) the plaintiff's claim against the executive director of the North Carolina State Board of Elections (the Board, or the state Board) alleging a violation of the disclosure provision in the...

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