James v. Bartlett, 359 N.C. 272 (2004)

Dec. 3, 2004 · Supreme Court of North Carolina · No. 602P04
359 N.C. 272
WILLIAM JAMES, an elector, for HIMSELF AND OTHERS SIMILARLY situated; WILLIAM "BILL" FLETCHER, candidate for Superintendent of Public Instruction; and TRUDY WADE, candidate for Guilford County Commissioner at large, Plaintiffs v. GARY O. BARTLETT, as Executive Director of the North Carolina State Board of Elections; LARRY LEAKE, ROBERT CORDLE, GENEVIEVE C. SIMS, LORRAINE G. SHINN, and CHARLES WINFREE, in their official capacity as members of the State Board of Elections; the STATE BOARD OF ELECTIONS; and ROY COOPER, in his official capacity as Attorney General of the State of North Carolina; Defendants and JUNE S. ATKINSON and W. BRITT COBB; Intervenors-Defendants

WILLIAM JAMES, an elector, for HIMSELF AND OTHERS SIMILARLY situated; WILLIAM “BILL” FLETCHER, candidate for Superintendent of Public Instruction; and TRUDY WADE, candidate for Guilford County Commissioner at large, Plaintiffs v. GARY O. BARTLETT, as Executive Director of the North Carolina State Board of Elections; LARRY LEAKE, ROBERT CORDLE, GENEVIEVE C. SIMS, LORRAINE G. SHINN, and CHARLES WINFREE, in their official capacity as members of the State Board of Elections; the STATE BOARD OF ELECTIONS; and ROY COOPER, in his official capacity as Attorney General of the State of North Carolina; Defendants and JUNE S. ATKINSON and W. BRITT COBB; Intervenors-Defendants

No. 602P04

ORDER

Upon consideration of the motion to accept discretionary review prior to consideration by the North Carolina Court of Appeals, and to suspend the Rules of Appellate Procedure to allow expedited review, filed by plaintiffs on the 30th day of November 2004 in this matter pursuant to N.C.G.S. § 7A-31 (discretionary review), the motion is allowed for the purpose of entering the following order:

The motion for injunctive relief, petition for writ of mandamus, petition for writ of prohibition, petition for writ of supersedeas, and motion for temporary stay filed on the 30th day of November 2004 by plaintiffs in this matter are hereby denied without prejudice to plaintiffs’ rights to proceed expeditiously as plaintiffs may elect in the superior court.

*273This is remanded to the Superior Court, Wake County, by order of the Court in Conference, this 3rd day of December, 2004.

Newby, J.

For the Court