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Moore v. Circosta

141 S. Ct. 46 (2020)

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Moore v. Circosta

United States Supreme Court
141 S. Ct. 46 (2020)

  • Written by Liz Nakamura, JD

Facts

In the summer of 2020, in response the COVID-19 pandemic, the North Carolina General Assembly adopted new election laws for the upcoming November 2020 election. The new laws, in relevant part, increased access to absentee ballots but retained the existing absentee-ballot submission deadline, which required all absentee ballots to be received by November 6, three days after the November 3 election. Subsequently, the State Board of Elections, led by Damon Circosta (collectively, BOE) (defendants) issued a rule extending the absentee-ballot submission deadline by an additional six days (the deadline-extension rule), meaning that the deadline was extended from November 6 to November 12. North Carolina Republican State Representative Thomas Moore (plaintiff) challenged the BOE’s rule, arguing that the BOE had no authority to extend the absentee-ballot submission deadline. The district court and the Fourth Circuit both upheld the BOE’s deadline-extension rule. Moore appealed to the United States Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Per curiam)

Dissent (Gorsuch, J.)

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Casebooks

Election Law

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