Legal Opinion

In re Protest of Whittacre

Court of Appeals of North Carolina

Decided June 18, 2013No. COA12-1175PublishedCited by 1 opinion

1Opinion of the Court

GEER, Judge.

Petitioner Daniel-Lynn Whittacre appeals the trial court’s order affirming the decision of the State Board of Elections and dismissing his election protest. The State and G.K. Butterfield have moved to dismiss this appeal as moot. As the Certificate of Election in this case properly issued under the applicable statutes and the winner of the general election has been seated by the United States House of Representatives, we agree that this appeal is moot and grant the motion to dismiss.

Facts

Mr. Whittacre filed a protest with the State Board of Elections claiming that the candidacy…

2Cases cited6 opinions

  1. Roudebush v. HartkeSupreme Court of the United States · 1972
  2. Barry v. United States Ex Rel. CunninghamSupreme Court of the United States · 1929
  3. Benvenue Parent-Teacher Ass'n v. Nash County Board of EducationSupreme Court of North Carolina · 1969
  4. Stephen L. Morgan v. United States of AmericaCourt of Appeals for the D.C. Circuit · 1986
  5. State Ex Rel. Cohoon v. SwainSupreme Court of North Carolina · 1939

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3Cited by1 opinion

  1. Blackwelder v. North Carolina State Board of ElectionsDistrict Court, E.D. North Carolina · 2022

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