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BISHOP v. BARTLETT

No. 07-1840.

575 F.3d 419 (2009)

Richard L. BISHOP; Jack L. Moore; Michael A. Joyce; Christopher R. Donahoe, Plaintiffs-Appellants, v. Gary O. BARTLETT, Executive Director of the North Carolina State Board of Elections, in his official capacity; Larry Leake; Lorraine G. Shinn; Charles Winfree; Genevieve C. Sims; Robert Cordle, Members of the State Board of Elections, in their official capacities; Michael F. Easley, Governor of the State of North Carolina, in his official capacity; Roy Cooper, Attorney General of the State of North Carolina, in his official capacity; Beverly Perdue, Lieutenant Governor of the State of North Carolina, in her official capacity; Elaine F. Marshall, Secretary of State of the State of North Carolina, in her official capacity; Denise Weeks, Principal Clerk of the North Carolina House of Representatives, in her official capacity; Janet Pruitt, Principal Clerk of the North Carolina Senate, in her official capacity; Joe Hackney, Speaker of the North Carolina House of Representatives, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: July 29, 2009.

Attorney(s) appearing for the Case

ARGUED: Jeanette K. Doran, North Carolina Institute Of Constitutional Law, Raleigh, North Carolina, for Appellants. Alexander McClure Peters, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees. ON BRIEF: Robert Flynn Orr, North Carolina Institute of Constitutional Law, Raleigh, North Carolina, for Appellants. Roy Cooper, North Carolina Attorney General, Tiare B. Smiley, Special Deputy Attorney General, North Carolina Department of Justice, Raleigh, North Carolina, for Appellees.

Affirmed by published opinion. Judge GREGORY wrote the opinion, in which Chief Judge TRAXLER and Senior Judge STAMP joined.

OPINION

GREGORY, Circuit Judge:

Four North Carolina citizens challenge the process by which a proposed state constitutional amendment was placed before voters. In particular, the plaintiffs contend that the language used on the ballot to describe the amendment was misleading. That constitutional amendment, known as "Amendment One," authorized local government entities to issue bonds for certain types of development...

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