STATE OF NORTH CAROLINA
WAKE COUNTY

REBECCA HARPER, et al.
Plaintiffs,
v.
Representative DAVID R. LEWIS,
in his official capacity as Senior
Chairman of the House Standing
Committee on Redistricting, et al.,
Defendants.

IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
19 CVS 012667
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ORDER

THIS MATTER comes before the undersigned three-judge panel upon its own
motion pursuant to its inherent authority and discretion to manage proceedings before the
Court.
Plaintiffs in this litigation challenge the congressional districts established by an act
of the North Carolina General Assembly in 2016, N.C. Sess. Laws 2016-1 (hereinafter S.L.
2016-1), claiming the districts violate the rights of Plaintiffs and all Democratic voters in
North Carolina under the North Carolina Constitution.
On October 28, 2019, this Court granted Plaintiffs’ motion for a preliminary
injunction, enjoining Legislative Defendants and State Defendants from preparing for or
administering the 2020 primary and general elections for Congressional Representatives
under the 2016 congressional districts established by S.L. 2016-1. Plaintiffs seek to
permanently enjoin the future use of the 2016 congressional districts and have filed a
motion for summary judgment, scheduled to be heard on December 2, 2019.
In this Court’s October 28, 2019, Order granting the preliminary injunction, the
Court noted that summary judgment or trial may not be needed in the event the General
Assembly, on its own initiative, acted immediately and with all due haste to enact new

 congressional districts. The Court suggested the General Assembly proceed in a manner
that ensured full transparency and allowed for bipartisan participation and consensus that
would result in congressional districts more likely to achieve the constitutional objective of
allowing for those elections to be conducted more freely and honestly to ascertain, fairly and
truthfully, the will of the people. On November 15, 2019, new congressional districts were
established by an act of the General Assembly. N.C. Sess. Laws 2019-249 (hereinafter S.L.
2019-249). Shortly thereafter on November 15, 2019, Legislative Defendants filed a motion
for summary judgment arguing Plaintiffs’ present action—challenging the constitutionality
of S.L. 2016-1—is moot, and Plaintiffs filed a response and motion for expedited review of
the newly-enacted congressional districts.
Section 163-106.2 of our General Statutes provides that “[c]andidates seeking party
primary nominations for the following offices shall file their notice of candidacy with the
State Board no earlier than 12:00 noon on the first Monday in December and no later than
12:00 noon on the third Friday in December preceding the primary: . . . Members of the
House of Representatives of the United States.” N.C.G.S. § 163-106.2(a). In the Court’s
October 28, 2019, Order, the Court retained jurisdiction to adjust the State’s 2020
congressional primary elections should doing so become necessary to provide effective relief
in this case. In light of the recent developments in this litigation, including the enactment
of S.L. 2019-249, Legislative Defendants’ motion for summary judgment, and Plaintiffs’
motion for the Court’s review of S.L. 2019-249, and to allow the Court sufficient opportunity
to fully consider the significant issues presented by the parties, the Court will enjoin the
filing period for the 2020 congressional primary elections in North Carolina until further
order of the Court.

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 Accordingly, the Court, in its discretion and pursuant to its inherent authority,
hereby ORDERS that:
1. On the Court’s own motion, the filing period provided by N.C.G.S. § 163-106.2(a)
is hereby enjoined for only the 2020 congressional primary elections, and the
North Carolina State Board of Elections shall not accept for filing any notices of
candidacy from candidates seeking party primary nominations for the House of
Representatives of the United States until further order of the Court.
2. Any party to this action may respond to Plaintiffs’ motion for review of the
newly-enacted congressional districts, S.L. 2019-249, by submitting a response
brief to the Court by 11:59 p.m. on November 22, 2019, in the manner set forth in
the Case Management Order. Plaintiffs shall have until 11:59 p.m. on November
26, 2019, to submit a reply to any response brief in the manner set forth in the
Case Management Order.
3. The Court’s November 1, 2019, Order establishing a briefing schedule for
summary judgment motions remains in effect.
4. The following will be heard by the Court at 9:00 a.m. on December 2, 2019:
a. Plaintiffs’ motion for summary judgment;
b. Legislative Defendants’ motion for summary judgment; and,
c. Plaintiffs’ motion for review of S.L. 2019-249.
SO ORDERED, this the 20th day of November, 2019.
/s/ Paul C. Ridgeway
Paul C. Ridgeway, Superior Court Judge
/s/ Joseph N. Crosswhite
Joseph N. Crosswhite, Superior Court Judge
/s/ Alma L. Hinton
Alma L. Hinton, Superior Court Judge

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