News, October 26, 2020
October 26, 2020

True the Vote Files Amicus Brief in North Carolina Case to Challenge Illegal Extension of Mail-in Ballot Deadlines


True the Vote Files Amicus Brief in North Carolina Case to Challenge Illegal Extension of Mail-in Ballot Deadlines
Takes Action to Reaffirm State Legislatures’ Authority to Regulate Elections and Ensure String of Power Abuses Can’t Happen in Future Elections

HOUSTON, Texas – True the Vote has filed an amicus brief in Wise v. Circosta – a North Carolina case involving the deadline for receipt of mail in ballots – and requested that the U.S. Supreme Court hear the case in order to reaffirm that state legislatures have the constitutional authority to regulate their states’ election access and integrity concerns, and cannot be usurped by lesser election authorities. True the Vote’s amici seeks to ensure that no election authority in any state can get away with illegal changes of election law – in this election or in future elections.

Though the North Carolina State Legislature recently revised the state’s election law to adjust for COVID-19 concerns, lawmakers did not extend the deadline for returning mail ballots, initially established as Election Day. The North Carolina election board, however, illegally ordered election officials to count ballots received up to six days after the election.

"This case presents a unique opportunity to abate the chaotic flood of last-minute election litigation inundating our courts. Largely funded by progressive groups, their goal of this approach is to strike down anti-fraud provisions in current election laws and to sow chaos in voting procedures to increase the likelihood that lawyers and judges determine the final outcome of the election, rather than voters," said True the Vote Founder and President Catherine Engelbrecht. "With 411 cases currently filed involving COVID-19 claims in elections, the litigation flood will continue to overwhelm the courts if the Supreme Court doesn’t take action to reaffirm that only legislatures have the authority and expertise to balance election access with election-integrity concerns. We hope the Court will swiftly hear this case and set a consistent precedent that upholds the rule of law and the intent of the U.S. Constitution."

The Fourth Circuit appellate court upheld the extension of the deadline even though they acknowledged that it was illegal under North Carolina election law. An important three-judge dissent said the failure to follow the constitutional mandate that state legislatures control such laws "incentivizes an avalanche of partisan and destabilizing litigation duly enacted by state legislatures."

"Without a definitive ruling from the Supreme Court, making clear that under the U.S. Constitution only legislatures have the authority and expertise to prescribe how an election is to be conducted, courts will continue to be inundated and overwhelmed by election lawsuits," said James Bopp, Jr., of The Bopp Law Firm, PC, General Counsel for True the Vote. "The U.S. Supreme Court must take this opportunity to reemphasize the constitutional mandate that only long-standing, legislatively enacted laws govern elections, not last-minute illegal changes by state bureaucrats and state courts. Doing so will stop the flood of lawsuits and restore the confidence of voters in the integrity of our elections."

The amicus brief is available here.

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True the Vote (TTV) is an IRS-designated 501(c)3 voters' rights organization, founded to inspire and equip volunteers for involvement at every stage of our electoral process. TTV empowers organizations and individuals across the nation to actively protect the rights of legitimate voters, regardless of their political party affiliation. For more information, please visit


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