North Carolina Court Delays Candidate Filing Period While Litigation Continues
UPDATE: Later on Monday, the en banc appellate court vacated the temporary stay. The NCLVC plaintiffs have filed a motion to stay the temporary filing period in the North Carolina Supreme Court.
WASHINGTON, D.C. — On Monday, Dec. 6, the North Carolina Court of Appeals delayed the filing period for candidates running for state House, state Senate and congressional districts while litigation challenging the recently passed maps is ongoing. After a three-judge panel in a trial court declined to grant a preliminary injunction in North Carolina League of Conservation Voters (NCLCV) v. Hall last Friday, Dec. 3, the plaintiffs immediately appealed, also asking the court of appeals to “temporarily stay the candidate-filing period for all offices until the Court rules on this petition.” Today, the Court of Appeals granted their motion for a temporary stay soon before the candidate filing period was set to open at noon. The filing period for these races is stayed, meaning paused, until the court rules on the plaintiffs’ petition.
The NCLCV case, filed in mid-November, is challenging the new state House, Senate and congressional maps for diluting the voting strength of Black voters and entrenching Republican power across the state in violation of the North Carolina Constitution. Another case, Harper v. Hall, argues that the 2021 congressional map is an extreme partisan gerrymander that entrenches Republican power in violation of the North Carolina Constitution. Both cases were denied injunctive relief in the hearing last Friday; the Harper plaintiffs have sought review by the North Carolina Supreme Court following that decision.