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COOPER v. BERGER

No. 52PA17-2.

809 S.E.2d 98 (2018)

Roy A. COOPER, III, in his official capacity as Governor of The State of North Carolina v. Philip E. BERGER, in his official capacity as President Pro Tempore of the North Carolina Senate; Timothy K. Moore, in his official capacity as Speaker of the North Carolina House of Representatives; and The State of North Carolina.

Supreme Court of North Carolina.

Filed January 26, 2018.

Attorney(s) appearing for the Case

Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., by Daniel F.E. Smith , Jim W. Phillips, Jr. , Greensboro, and Eric M. David , for plaintiff-appellant/appellee.

Nelson Mullins Riley & Scarborough LLP, Raleigh, by D. Martin Warf and Noah H. Huffstetler, III , for legislator defendant-appellants/appellees.

Joshua H. Stein , Attorney General, by Alexander McC. Peters , Senior Deputy Attorney General, for defendant-appellee State of North Carolina.

Poyner Spruill LLP, Raleigh, by Andrew H. Erteschik , for Brennan Center for Justice at N.Y.U. School of Law and Democracy North Carolina, amici curiae.

Robinson, Bradshaw & Hinson, P.A., by John R. Wester , Charlotte, J. Dickson Phillips, III , Chapel Hill, Adam K. Doerr , and Kevin Crandall , Charlotte, for James B. Hunt, Jr. , and Burley B. Mitchell, Jr. , amici curiae.

On 8 November 2016, plaintiff Roy A. Cooper, III, was elected Governor of the State of North Carolina for a four-year term office commencing on 1 January 2017. On 16 December, 2016, the General Assembly enacted Senate Bill 4 and House Bill 17, which abolished the existing State Board of Elections and the existing State Ethics Commission...

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