17 CRS COMPLAINT. NOW COMES the Plaintiff, by and through counsel, complaining of the Defendants, and states and alleges as follows: PARTIES

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1 STATE OF NORTH CAROLINA CLEVELAND COUNTY IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 17 CRS KATHY B. FALLS, Vs. Plaintiff CLEVELAND COUNTY BOARD OF ELECTIONS, DAYNA M. CAUSBY, in her official capacity, WAYNE KING, in his official capacity, DOUGLAS W. SHARP,in his official capacity, and H. ALLEN LANGLEY, in his official capacity, Defendants COMPLAINT NOW COMES the Plaintiff, by and through counsel, complaining of the Defendants, and states and alleges as follows: This is a declaratory judgment action to have the court declare unconstitutional the North Carolina statutes that make the elections for Cleveland County Board of Education partisan beginning with the 2017 election. Plaintiff is an unaffiliated voter and a member of the Cleveland County Board of Education, whose term ends in Because of the statute, she is excluded from running for re-election for her position in violation of Article I, Section 19, and Article VI, Section 6 of the North Carolina Constitution. PARTIES 1. Plaintiff is an adult citizen and registered, unaffiliated voter in Grover, Cleveland County, North Carolina. 2. Defendant Cleveland County Board of Elections oversees all elections for Cleveland County, North Carolina and its fifteen municipalities, including the election for the Cleveland County Board of Education. 3. Defendant Dayna M. Causby is the Director of Elections for the Cleveland County Board of Elections, and as such oversees and directs all elections in Cleveland County, North Carolina. She is sued in her official capacity only. 4. Defendant Wayne King is the Chairman of the Cleveland County Board of Elections. He is sued in his official capacity only.

2 5. Defendant Douglas W. Sharpe is the Secretary of the Cleveland County Board of Elections. He is sued in his official capacity only. 6. Defendant H. Allen Langley is a member of the Cleveland County Board of Elections. He is sued in his official capacity only. JURISDICTION AND VENUE 7. This action arises under the North Carolina Constitution alleging violations of Article I, Section 19, in that the Plaintiff has been denied the equal protection of the laws of the State of North Carolina, and Article VI, Section 6 in that the Plaintiff has been denied the right to run for elective office despite meeting the qualifications for said office. 8. The Court has original jurisdiction over this action because the matter in controversy arises under the Constitution of the State of North Carolina. 9. Venue is proper in Cleveland County as all of the parties are Citizens of the State of North Carolina, and are either residents of Cleveland County North Carolina or their official capacity arises in Cleveland County, North Carolina. 10. This Court has the authority to enter a Declaratory Judgment and to provide injunctive relief pursuant to Rule 57 of the North Carolina Rules of Civil Procedure, and Rule 65 of the North Carolina Rules of Civil Procedure. 11. The Court has personal jurisdiction over each of the Defendants because they are citizens of the State of North Carolina. FACTS 12. The Plaintiff, Kathy B. Falls, has been a member of the Cleveland County Board of Education since December 2009 when she was first elected to the position. 13. Members of the Board of Education are elected for four year terms. 14. Prior to the action of the North Carolina General Assembly giving rise to this action, the elections for Cleveland County Board of Education were non-partisan. 15. On June 29, 2017, the North Carolina General Assembly passed and ratified Session Law , Senate Bill 253. This bill affected the elections for Boards of Education in nine counties in the State of North Carolina, making their elections partisan. 16. Part III of this law affected the elections for Board of Education in Cleveland County, North Carolina.

3 17. Section 3.1 of the law states in part beginning with the 2017 elections, members of the Cleveland County Board of Education shall be elected in elections conducted on a partisan basis. 18. Cleveland County was the only one of the nine counties in which this law took effect for the 2017 election. In the other eight counties affected by this law, the law took effect for the 2018 election. 19. Of the members whose seat is up for re-election in 2017, the Plaintiff is the only one who is unaffiliated. 20. The law was passed after the deadline for candidates for elective office to declare a party prior to the November 2017 election. 21. Furthermore, the law was passed one day prior to the deadline for an unaffiliated candidate to gather enough signatures in order to have their name appear on the ballot in a partisan election, as set forth in N.C.G.S. Section In order for the Plaintiff to have her name appear on the ballot for re-election to the seat she currently holds and has been twice elected to, the Plaintiff would have had to collect signatures from more than 4% of all registered voters in Cleveland County in less than 24 hours, a feat that proved impossible for the Plaintiff with no prior warning that such a bill was even being considered to fulfill. 23. Upon contacting the Board of Elections she was informed that because of the deadlines that had already passed, she would be unable to have her name appear on the ballot for reelection to her seat on the Cleveland County Board of Education. 24. Correspondence with her elected representatives gave indication that some change in the law may be forthcoming in a special session to be called in August. However, this is well past the deadline to file as a candidate for the position which is July 21, 2017 and there is no guarantee that any such change would actually be forthcoming which would remedy the situation in which the Plaintiff finds herself as a result of this law. 25. As a result of Section 3.1 of Session Law , Senate Bill 253, the Plaintiff has been prevented from appearing on the ballot for the 2017 election for her seat on the Cleveland County Board of Education, due to law taking effect in 2017, and the fact that she is an unaffiliated voter. Plaintiff otherwise meets all the qualifications for office and is otherwise eligible to appear on the ballot for this position. FIRST CLAIM FOR RELIEF Denial of Equal Protection under Article I, Section 19 of North Carolina Constitution 26. The allegations set forth in Paragraphs 1 through 25 are re-alleged and incorporated as if set forth fully herein.

4 27. Plaintiff sues the Defendants in their official capacity only and seeks declaratory and injunctive relief, challenging the constitutionality of Part III of Session Law , Senate Bill 253 of the North Carolina General Assembly Session Article I, Section 19 of the North Carolina Constitution states in part No person shall be denied the equal protection of the laws. 29. Part III of Session Law , Senate Bill 253 discriminate against the Plaintiff, an unaffiliated voter, by denying her the same opportunity as a registered Democrat and Republican to appear on the ballot for the 2017 Cleveland County Board of Education election. 30. Because the law takes effect in 2017 and was passed after the deadline for candidates to declare their party affiliation for the upcoming election and was passed one day prior to the deadline for unaffiliated candidates to gather signatures of 4% of all eligible voters in Cleveland County, the law has effectively precluded any opportunity for the Plaintiff to appear on the ballot. 31. Plaintiff is otherwise qualified to serve on the Board of Education, a position she has held since 2009, and have her name appear on the ballot. She is being barred from having her name appear on the ballot for the sole reason of her political affiliation, that being that she is an unaffiliated voter. SECOND CLAIM FOR RELIEF Denial of Eligibility for Elective Office under Article VI Section 6 of the North Carolina Constitution 32. The allegations contained in Paragraphs 1 through 31 are re-alleged and incorporated as if set forth fully herein. 33. Plaintiff sues Defendants in their official capacity for denying the Plaintiff the eligibility to hold elective office in violation of Article VI Section 6 of the North Carolina Constitution. 34. Article VI Section 6 of the North Carolina Constitution states Every qualified voter in North Carolina who is 21 years of age, except as in this Constitution disqualified, shall be eligible for election by the people to office. 35. Plaintiff meets the qualifications set forth under this section and is otherwise eligible to hold elective office in the State of North Carolina. 36. Part III of Session Law , Senate Bill 253 was passed after deadline for candidates to declare a party affiliation for the upcoming election and one day prior to the deadline for unaffiliated candidates to submit signatures of 4% of all eligible voters in the county in order to appear on the ballot. 37. Prior to the passage of Part III of Session Law , Senate Bill 253, Plaintiff was eligible to appear on the ballot for Cleveland County Boar38d of Education for the 2017 election.

5 38. Because of the passage of this law, she is being denied the ability to appear on the ballot for this election. 39. Plaintiff is otherwise qualified to appear on the ballot and is being denied her eligibility to elective office because of her political affiliation as a registered unaffiliated voter. PRAYER FOR RELIEF WHEREFORE, Plaintiff prays the Court as follows: 1. Declare unconstitutional and void, in violation of Article I, Section 19, and Article VI, Section 6 of the North Carolina Constitution Part III of Session Law , Senate Bill 253, of the North Carolina General Assembly Session Enjoin Defendants from enforcing Part III of Session Law , Senate Bill 253, of the North Carolina General Assembly Session Award the Plaintiff her costs and reasonable attorney s fees. 4. For all such further relief as the Court deems just and necessary. This the 17 th day of July, Paul J. Ditz NC Bar Number N. Lafayette Street Shelby, NC (704) paul@paulditzlaw.com ATTORNEY FOR PLAINTIFF