Wright v. North Carolina, No. 14-1329 (4th Cir. 2015)
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Plaintiffs filed suit challenging a state law redrawing the Wake County Board of Education
electoral districts, arguing that under the new redistricting plan, some citizen’s votes will get significantly more weight than other’s in violation of the Fourteenth Amendment’s guarantees of one person, one vote and the North Carolina Constitution’s promise of equal protection. The district court granted defendants’ motions to dismiss and denied plaintiffs’ motion to amend as futile. The court concluded that plaintiffs’ allegations in support of their claim that the law violates the one person, one vote principle suffice to survive a motion to dismiss for failure to state a claim. Thus, plaintiffs have stated a claim upon which relief could be granted against the Wake County Board of Elections and the district court therefore erred in dismissing their suit. The court affirmed, however, the denial of the motion to amend because the state officials plaintiffs proposed to add as named defendants are not amenable to suit.
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