Democrat Roy Cooper and his Democrat Attorney General, Josh Stein have been exposed by a Federal Judge and served with an emergency temporary restraining order over what a federal judge calls an “election scheme”, in a series of actions in North Carolina where the Lt. Governor, Dan Forest asked US Attorney General to intervene.
Now we have a ruling from a Federal Judge halting the scheme, which could set a path for the rest of the country, who are many are experiencing organized attacks on their own State election laws.
A federal judge granted a temporary restraining order Saturday against North Carolina Attorney General Josh Stein’s secretive absentee ballot scheme struck with Gov. Roy Cooper’s Board of Elections and his former campaign attorney, in a case in which state House Speaker Tim Moore (R-Cleveland) is the lead plaintiff.In a ruling siding with voters and state lawmakers while transferring their case to other litigation, U.S. District Court Judge James Dever said the plaintiffs’ motion for a temporary restraining order is “in the public interest.”
“The NCSBOE inequitably and materially upset the electoral status quo in the middle of an election by issuing the memoranda and giving the memoranda legal effect,” the court said.“ The public has a distinct interest in ensuring that plaintiffs’ voting rights under the Constitution are secure.”
Speaker Moore said the ruling, which followed a scathing rebuke of the DOJ’s scheme by Judge William Osteen in a separate federal court this week, served justice to North Carolina voters wronged by a secretive scheme struck by Attorney General Stein and Gov. Roy Cooper with national Democratic Party leaders.
“Lawmakers warned that Attorney General Stein and Governor Cooper could not be trusted to administer elections law and proposed a Bipartisan Board of Elections to prevent their partisan schemes from being struck with help from radical state court judges – we were right,” Speaker Moore said Saturday.“
The Governor and Attorney General must immediately stop publishing misleading materials to the public about their scheme – their administrations continue to claim the secret settlement does not eliminate the witness requirement and complies with a federal court order, but neither is true.”
“Those false claims should be withdrawn, along with this collusive deal, which two federal judges have now agreed amounts to a betrayal of North Carolina voters.”
According to the ruling by the Federal Judge,
“Courts have recognized three factors to consider “in determining whether to apply the firstfiled rule: 1) the chronology of the filings, 2) the similarity of the parties involved, and 3) the
similarity of the issues at stake.”
“Notwithstanding plaintiffs’ initial choice of fo~ the ”first-filed” rule counsels in favor of transferring this case and the Wise case to Judge Osteen in the Middle District of North Carolina. Judge Osteen is currently presiding over Democracy N.C. That case was filed over four months before proceedings commenced in these actions. Additionally, the parties in all three cases are similar. Plaintiffs Moore and Berger are parties to this action and the Democracy N.C. action and are seeking injunctive relief in each action.”
Snator Phil Berger calls it a “Big WIn”.
Speaker Tim Moore said: