Batdorff v. North Carolina State Board of Elections

563 S.E.2d 43, 150 N.C. App. 108, 2002 N.C. App. LEXIS 408
CourtCourt of Appeals of North Carolina
DecidedMay 7, 2002
DocketNo. COA01-304
StatusPublished

This text of 563 S.E.2d 43 (Batdorff v. North Carolina State Board of Elections) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Batdorff v. North Carolina State Board of Elections, 563 S.E.2d 43, 150 N.C. App. 108, 2002 N.C. App. LEXIS 408 (N.C. Ct. App. 2002).

Opinions

McGEE, Judge.

This action arises from the 1999 Cary town election. Four citizens formed a political committee, Citizens for Truth in Elections (Citizens for Truth), to support “slow growth” candidates in the Cary town elections. Gregory Bret Batdorff (plaintiff), a registered voter in Wake County, sent a letter of complaint dated 12 May 2000 to the North Carolina State Board of Elections (Board of Elections) alleging that Citizens for Truth had violated state campaign finance laws. Specifically, plaintiff alleged three violations: (1) contributions were made to Citizens for Truth by Craig Davis in the name of another person, in violation of N.C. Gen. Stat. § 163-278.14 (stating that “[n]o individual . . . shall make any contribution ... in the name of another”), (2) contributions were made to Citizens for Truth by Roger Perry in the name of others, in violation of N.C. Gen. Stat. § 163-278.14, and (3) Citizens for Truth failed to report in-kind contributions it made to three candidates in the Cary City Council elections in violation of N.C. Gen. Stat. § 163-278.11(b) (stating that a treasurer’s statement “shall reflect anything of value paid for or contributed by any person or individual, both as a contribution and expenditure”). Plaintiffs letter of complaint included approximately 130 pages of exhibits.

The Board of Elections investigated plaintiffs letter of complaint, including review of the exhibits submitted by plaintiff. The Board of Elections obtained affidavits from the four members of Citizens for Truth, in which they affirmed there had been no coordination of campaigns with Citizens for Truth, nor any contributions beyond those reported in the campaign finance reports.

The Board of Elections also contacted Craig Davis for information regarding his contributions. In a letter dated 5 July 2000, Craig Davis stated that he made contributions in the names of his children. Citizens for Truth reimbursed the Board of Elections in the amount of $7,000 for the contributions Mr. Davis made in the names of his children.

Following a meeting to discuss plaintiffs letter of complaint, the Board of Elections issued a decision on 18 September 2000, stating that:

THIS MATTER came on for hearing before the [Board of Elections] on July 19, 2000, on a complaint filed by Paul Stam, on behalf of Gregory Batdorff alleging violations of election finance laws pertaining to a political committee known as [110]*110[Citizens for Truth], citing various statutes . . . and requesting an investigationf.]
Paul Stam, representing Gregory Batdorff, appeared before the Board in support of his complaint. Michael Crowell, representing [Citizens for Truth], appeared on behalf of its members[.]
After consideration of the printed and oral information provided, the Chairman stated that the information was not sufficient evidence of violations of election laws to justify the request for a hearing, and upon motion duly made and seconded, the Board voted unanimously to deny the request.

Plaintiff filed a complaint in Wake County Superior Court dated 17 August 2000. In his complaint, plaintiff alleged in part that:

7. On or before July 19, 2000 the [Board of Elections] did, through its investigators, obtain some written information^]
8. On July 19, 2000 the [Board of Elections] met and determined not to conduct an evidentiary hearing on plaintiff’s complaint.
9. The documentary evidence before the [Board of Elections], together with evidence to be obtained by discovery in this action, demonstrates a reasonable probability that [Citizens for Truth] received (but did not so report) contributions in the name of another and in excess of the legal limitations in apparent violation of G.S. 163-278.14 and 168-278.13.
10. The documentary evidence before the [Board of Elections], together with evidence to be obtained by discovery in this action, demonstrates a reasonable probability that [Citizens for Truth] expended (but did not so report) funds as a coordinated campaign expenditure with Glen D. Lang in apparent violation of G.S. 163.278.11(b).

Plaintiff requested as relief that the trial court issue an injunction requiring that (1) the Board of Elections conduct an evidentiary hearing on his letter of complaint dated 12 May 2000 and (2) Citizens for Truth file “a full complete and accurate report required by statute as the facts may hereafter be determined.” Plaintiff also asked the trial court to declare the last clause of N.C. Gen. Stat. § 163-278.14 unconstitutional. This declaratory judgment request was later dismissed by stipulation pursuant to a partial settlement agreement.

[111]*111The Board of Elections and Citizens for Truth filed answers and motions to dismiss pursuant to N.C. Gen. Stat. § 1A-1, Rule 12(b)(6) for failure to state a claim upon which relief can be granted.

Following a hearing, the trial court dismissed plaintiffs claim with prejudice pursuant to N.C. Gen. Stat. § 1A-1, Rule 12(b)(6) for failure to state a claim upon which relief can be granted in an order dated 30 January 2001. Plaintiff appeals this order.

Plaintiff assigns as error the trial court’s dismissal of his claim and argues that his complaint “provided a factual basis” for the equitable remedies requested. A motion to dismiss for failure to state a claim tests the legal sufficiency of a complaint. Fuller v. Easley, 145 N.C. App. 391, 397-98, 553 S.E.2d 43, 48 (2001) (citing N.C. Gen. Stat. § 1A-1, Rule 12(b)(6) (2000)). When ruling on a motion to dismiss, “the trial court must take the complaint’s allegation^] as true and determine whether they ‘are sufficient to state a claim upon which relief may be granted under some legal theory.’ ” Fuller, 145 N.C. App. at 397-98, 553 S.E.2d at 48 (quoting Taylor v. Taylor, 143 N.C. App. 664, 668, 547 S.E.2d 161, 164 (2001)).

A. Injunction against the Board of Elections

Plaintiff first requests in his complaint that the trial court issue an injunction requiring the Board of Elections to conduct an evidentiary hearing on plaintiff’s letter of complaint dated 12 May 2000.

“ ‘A mandatory injunction, when issued to compel a board or public official to perform a duty imposed by law, is identical in its function and purpose with that of a writ of mandamus' Ponder v. Joslin, 262 N.C. 496, 504, 138 S.E.2d 143, 149 (1964) (quoting Hospital v. Wilmington, 235 N.C. 597, 601, 70 S.E.2d 833, 836 (1952)). “A writ of mandamus is ‘an order from a court of competent jurisdiction to a board, . . . commanding the performance of a specified official duty imposed by law.’” Carter v. N.C. State Bd. for Professional Engineers, 86 N.C. App. 308, 314, 357 S.E.2d 705, 709 (1987) (quoting Sutton v. Figgatt, 280 N.C. 89, 93, 185 S.E.2d 97, 99 (1971)).

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Related

Ponder v. Joslin
138 S.E.2d 143 (Supreme Court of North Carolina, 1964)
Taylor v. Taylor
547 S.E.2d 161 (Court of Appeals of North Carolina, 2001)
Sutton v. Figgatt
185 S.E.2d 97 (Supreme Court of North Carolina, 1971)
Fuller v. Easley
553 S.E.2d 43 (Court of Appeals of North Carolina, 2001)
Board of Managers of the James Walker Memorial Hospital v. City of Wilmington
70 S.E.2d 833 (Supreme Court of North Carolina, 1952)

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Bluebook (online)
563 S.E.2d 43, 150 N.C. App. 108, 2002 N.C. App. LEXIS 408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/batdorff-v-north-carolina-state-board-of-elections-ncctapp-2002.