Action NC et al v. Strach (North Carolina)

Citing clear evidence that North Carolina public assistance agencies and motor vehicle offices have violated the National Voter Registration Act (NVRA), Project Vote and its partner voting rights groups filed suit against Kim Strach, the Executive Director of the North Carolina State Board of Elections (SBOE); Rick Brajer, Secretary of the North Carolina Department of Health and Human Services, who oversees the operations of the state’s public assistance agencies; Kelly Thomas, Commissioner of the North Carolina Division of Motor Vehicles; and Nick Tennyson, Secretary of the North Carolina Department of Transportation, who together oversee the North Carolina Division of Motor Vehicles.

Plaintiffs include Action NC, Democracy North Carolina, the North Carolina A. Philip Randolph Institute and three individual North Carolina citizens. The plaintiffs are represented by voting rights groups Project Vote, Demos, the Lawyers’ Committee for Civil Rights Under Law, Southern Coalition for Social Justice, and the law firm of Morrison and Foerster LLP.

Notice letters were sent to state officials in June 2015. The lawsuit was filed on December 15, 2015.

In March 2016 plaintiffs filed motions for a preliminary injunction, and expedited discovery, to seek immediate relief for NC citizens attempting to register for the upcoming election.

On October 27, 2016, a U.S. District Court judge denied the defendants’ motions to dismiss the case, and ordered the state to take actions to ensure that certain citizens who registered through DMVs will be able to cast a provisional ballot that counts on Election Day.