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HOLMES v. MOORE

No. 342PA19-2.

881 S.E.2d 486 (2022)

2022-NCSC-122

Jabari HOLMES, Fred Culp, Daniel E. Smith, Brendon Jaden Peay, and Paul Kearney, Sr. v. Timothy K. MOORE, in his official capacity as Speaker of the North Carolina House of Representatives; Philip E. Berger, in his official capacity as President Pro Tempore of the North Carolina Senate; David R. Lewis, in his official capacity as Chairman of the House Select Committee on Elections for the 2018 Third Extra Session; Ralph E. Hise, in his official capacity as Chairman of the Senate Select Committee on Elections for the 2018 Third Extra Session; the State of North Carolina; and the North Carolina State Board of Elections.

Supreme Court of North Carolina.

Filed December 16, 2022.

Attorney(s) appearing for the Case

Southern Coalition for Social Justice, by Jeffery Loperfido , Allison J. Riggs and Hilary Harris Klein ; and Paul, Weiss, Rifkind Wharton & Garrison LLP, by Jane B. O'Brien , pro hac vice, Paul D. Brachman , pro hac vice, and Andrew J. Ehrlich , pro hac vice; for plaintiff-appellees.

Cooper & Kirk, PLLC, by Nicole J. Moss , David H. Thompson , pro hac vice, Peter A. Patterson , pro hac vice, Joseph O. Masterman , pro hac vice, John W. Tienken , pro hac vice, and Nicholas Varone , pro hac vice; and K&L Gates, by Nathan A. Huff , for legislative defendant-appellants.

Joshua H. Stein , Attorney General, by Terence Steed , Special Attorney General, Laura McHenry , Senior Deputy Attorney General, and Mary Carla Babb , Special Deputy Attorney General for defendant-appellants State of North Carolina and North Carolina State of Board of Elections.

Fox Rothschild LLP, Raleigh, by Matthew Nis Leerberg , for Professor Justin Grimmer, amicus curiae.

Nelson Mullins Riley & Scarborough, LLP, Raleigh, by Andrew D. Brown , Phillip J. Strach , and John E. Branch III , for Lawyers Democracy Fund, amicus curiae.

Roger W. Knight, P.A., by Roger Knight , for National Republican Senatorial Committee, amicus curiae.

Kevin Cline Law, PLLC, by Kevin J. Cline ; and Philip R. Thomas for North Carolina Republican Party, amicus curiae.

¶ 1 The right to vote is a fundamental right, preservative of all other rights. Blankenship v. Bartlett, 363 N.C. 518, 522, 681 S.E.2d 759 (2009); see also Reynolds v. Sims, 377 U.S. 533, 562, 84 S.Ct. 1362, 12 L...

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