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STATE of NORTH CAROLINA

In The GENERAL COURT OF JUSTICE

COUNTY of WAKE

CIVIL DISTRICT COURT DIVISION


Filed 2016 JUNE 28 AT 10:37
WAKE COUNTY C.S.C.
File No. 16CV008263

IN THE MATTER OF:

ACTION IN PERSONAM
TO ESTABLISH MEMBERSHIP OF
COUNCIL OF REVIEW OF THE
NORTH CAROLINA DEMOCRATIC PARTY

John C. Brooks
516 North Blount Street
Raleigh, N.C. 27604
Jannet B. Barnes
1609 Cotton Street
Knightdale, N.C. 27545
William A. Franklin
806 Warwick Court
Burlington, N.C. 27215
Carolyn Q. Perry
103 Perry Lane
Marston, N.C. 28363
Michael A. Lawson
6838 Charette Court
Charlotte, N.C. 28215
Dr. Barbara Ann Hughes
4208 Galax Drive
Raleigh, N.C. 27612
_______________________________________
PLAINTIFFS
VS.
Lonnie Baucom
105 Brent Street
Wadesboro, N. C. 28170-2204
Ryan Townsend Butler
337 Gorrell Street
Greensboro, N.C. 27406-1635
1

William Darsie Carter


1431 Longleaf Court
Matthews, N.C. 28104-7890
Carolyn L. Crenshaw
404 W. Parrish Drive
Benson, N.C. 27504-1652
Felita Regina Donnell
17 Fountain Manor Drive, Unit D
Greensboro, N.C. 27405-8018
Loura Elaine Edmisten
P.O. Box 23
Todd, N.C. 28684-0023
Walter Allen Jackson
608 Elmira Avenue
Durham, N.C. 27707-4122
Keischa Michelle Lovelace
768 Seastone Street
Raleigh, N.C. 27603-3348
WAKE COUNTY
Kimberly Moore-Dudley
3505 Hobbs Road
Greensboro, N.C. 27410-2809
Seth Stanfield Morris
5424 Walton Hill Road
Knightdale, N.C. 27545
WAKE COUNTY
Mary Ebert Ostgaard
461 Hidden Springs Drive
Marion, N.C. 28752-5541
John Joseph Quinn
428 Sunsetr Drive
Asheville, N.C. 28804-3727

Tiffany Ann Reynolds-Richardson


130 Sunstone Drive
Cary, N.C. 27519-7029
WAKE COUNTY
Michael Schaul
6208 Dixon Drive
Raleigh, N.C. 27609-3608
WAKE COUNTY
Rev. T. Anthony Spearman
4246 Farlow Drive
Greensboro, N.C. 27406
Montica Talmadge
118 Hidden Oaks Drive
Apt. 2B
Cary, N.C. 27513-3393
WAKE COUNTY
Hughes Leonard Wilde
134 Breezy Point Road
Beaufort, N.C. 28516-7234
_______________________________________
DEFENDANTS
____________________________________________________________________________________
_
This action in personam seeks to determine the rightful composition of the Council of Review (the
judicial hearing body) of the North Carolina Democratic Party.
STATE ORGANIZATION
The North Carolina Democratic Party is a duly established political party in the State of North
Carolina. It is generally governed by its PLAN OF ORGANIZATION which is its constitution. The Plan of
Organization provides for a biennial State Convention, annual Congressional District Convention, annual
county conventions, precinct meetings, semi-annual state executive committee meetings, and a
COUNCIL OF REVIEW.
COUNCIL OF REVIEW
The Council of Review is the principal judicial body of the North Carolina Democratic Party. It is
composed of one member elected by each of the 13 States Congressional Districts at their conventions
held in even-numbered years for two-year terms, which terms continue pursuant to section 9.02 of the
State Plan of Organization until their successors are duly elected by properly constituted Congressional
3

District Conventions; and four members appointed by the chair of the State Democratic Party who serve
two-year terms co-terminus with the Congressional District Conventions that elect the thirteen
members.
Plan of Organization Section 9.02.
9.02 Composition
Members. The Council of Review shall consist of one (1) member from each congressional district who
shall be elected at the congressional district convention held in even-numbered years, and four (4)
members at-large to be appointed by the state chair.
....
Terms. Terms for members of the Council of Review shall begin upon the date of their election or
appointment and end on the date in the next even-numbered year set for district conventions or until
their successors are [duly] elected or appointed.**
**The terms of the appointed members of the Council of Review were confirmed by a letter of
understanding issue by the chair of the State Democratic Party in 2014 when he was appointing his four
members to the Council of Review.
CONGRESSIONAL DISTRICT CONVENTIONS
The Congressional District Conventions are constituted by delegates elected by the County
Conventions that are located within each of the established Congressional Districts established by the
North Carolina General Assembly. The maximum number of delegates elected is determined by the
vote cast in the previous gubernatorial election for the Democratic candidate for Governor.
Plan of Organization Sections 6.01
When and Where Held. An annual congressional district convention shall be held within the
geographical boundaries of each congressional district each year. . . . .
....
Order of Business Even Numbered Years. The congressional district convention held in evennumbered years shall: . . . .
2. Elect from among the active Democrats, one member of the Council of Review;
....
4. In each presidential election year, from among the active Democrats in the congressional district,
the number of delegates first and then alternates to the Democratic National Convention allotted to
each congressional district;
5. In each presidential election year, nominate from among the active Democrats in the Congressional
4

District, one Presidential Elector from the congressional district; and then
6. Adopt the method for reviewing, editing, consolidating, adopting, and prioritizing resolutions most
appropriate for the district party that is best suited to district needs,
. . . .
This action arises from the occurrence of 13 Congressional District Conventions that were held
Saturday, May 21st, 2016 all across North Carolina at which members were elected to membership on
the Council of Review. These Congressional District Conventions were all constituted on the basis of
the North Carolina Congressional Districts that preceded the action by the North Carolina General
Assembly dissolving the existing Congressional Districts effective February 19, 2016 and establishing
new and different Congressional Districts effective as of February 19, 2016. Although there was a
judicial action filed challenging the Congressional Districts established by the General Assembly
February 19, 2016, there was no stay authorized stopping the implementation of these new districts
pending a judicial decision. [In fact, the judicial decision finally rendered upheld the earlier legislative
action.] The 13 Congressional District Conventions held May 21st, 2016 all acted without having
appropriate credential committees and therefore without any of these conventions having adopted
appropriate credential reports. None of these Congressional District Conventions were legally
constituted pursuant to the requirements of Plan of Organization of the North Carolina Democratic
Party. The Congressional Districts that they represented had all been dissolved months earlier. No
appropriate and legal Congressional District Conventions have since been convened.
THE 2014 COUNCIL OF REVIEW
The 2014 Council of Review is composed of the following members:
Mary Ebert Ostgaard
Charles R. Wallin
Andrew Ivester
Hughes A. Wilde
Carolyn Q. Perry
Jens L. Lutz
Michael A. Lawson
Carl K. Bond
Barbara Ann Hughes
Michael Shaul
John C. Brooks
Jannet B. Barnes
William A. Franklin
Nancy F. Clark-Shakir
Willie Fleming
Corine Mack

THE 2016 COUNCIL OF REVIEW


The 2016 Council of Review allegedly constituted by the 2016 Congressional District Convention
and further appointments made by the State chair effective as of the date of 2016 Congressional
District Conventions follow:
Walter Allen Jackson
Tiffany Ann Reynolds-Richardson
Hughes Leonard Wilde
Michael Schaul
Loura Elaine Edmisten
Felita Regina Donnell
Carolyn L. Crenshaw
Lonnie Baucom
William Darsie Carter
John Joseph Quinn
Mary Ebert Ostgaard
Ryan Townsend Butler
Keischa Michelle Lovelace
Kimberly Moore-Dudley
Montica Talmadge
Seth Morris
Rev. T. Anthony Spearman
QUESTION PRESENTED
The issue presented is whether the 2014 Council of Review continues to operate as the legally
constituted judicial body of the N. C. Democratic Party fully fulfilling the requirements set forth in
Chapters 9 and 10 of the Plan of Organization of the North Carolina Democratic Party until such time as
a successor Council of Review is duly elected by Congressional District Conventions properly constituted
in conformance to the requirements set forth in the Plan of Organization of the North Carolina
Democratic Party?
It is the contention of the plaintiffs that the 2014 Council of Review continues to be the authorized
Council of Review of the North Carolina Democratic Party.
Wherefore, the plaintiffs seek an Order to quiet any and all disputes as to their entitlement to carry out
the responsibilities of the Council of Review of the North Carolina Democratic Party.
This the 28th day of June, 2016.
PLAINTIFFS

Signed:
Barbara Ann Hughes

Subscribed, sworn and acknowledged before me by Barbara Ann Hughes, plaintiff, this 27th
day of June, 2016.
___MARY PAINTER__
Notary Public
My Commission Expires October 9, 2019.
[SEAL]
[Additional Notarized Signatures for
Jannet B. Barnes; Michael A. Lawson; Carolyn Quick Perry,
John C. Brooks; and William Acree Franklin;

CERTIFICATE OF SERVICE
I hereby certify that copies of the foregoing Action were served upon each of the defendants this day
by mailing a copy thereof by certified mail, receipt requested, postage prepaid addressed as follows:
Lonnie Baucom
105 Brent Street
Wadesboro, N. C. 28170-2204
Ryan Townsend Butler
337 Gorrell Street
Greensboro, N.C. 27406-1635
William Darsie Carter
1431 Longleaf Court
7

Matthews, N.C. 28104-7890


Carolyn L. Crenshaw
404 W. Parrish Drive
Benson, N.C. 27504-1652
Felita Regina Donnell
17 Fountain Manor Drive, Unit D
Greensboro, N.C. 27405-8018
Loura Elaine Edmisten
P.O. Box 23
Todd, N.C. 28684-0023
Walter Allen Jackson
608 Elmira Avenue
Durham, N.C. 27707-4122
Keischa Michelle Lovelace
768 Seastone Street
Raleigh, N.C. 27603-3348
Kimberly Moore-Dudley
3505 Hobbs Road
Greensboro, N.C. 27410-2809
Seth Stanfield Morris
5424 Walton Hill Road
Knightdale, N.C. 27545
Mary Ebert Ostgaard
461 Hidden Springs Drive
Marion, N.C. 28752-5541
John Joseph Quinn
428 Sunsetr Drive
Asheville, N.C. 28804-3727
Tiffany Ann Reynolds-Richardson
130 Sunstone Drive
Cary, N.C. 27519-7029
Michael Schaul
8

6208 Dixon Drive


Raleigh, N.C. 27609-3608
Rev. T. Anthony Spearman
4246 Farlow Drive
Greensboro, N.C. 27406
Montica Talmadge
118 Hidden Oaks Drive
Apt. 2B
Cary, N.C. 27513-3393
Hughes Leonard Wilde
134 Breezy Point Road
Beaufort, N.C. 28516-7234
This 28th day of June, 2016.

____________SIGNED____________
John C. Brooks