On November 8, 2016 — Election Day — Democracy North Carolina sought a court order requiring all Durham County polling sites to remain open until 9 p.m. because of problems processing voters in a handful of precincts.
Democracy NC filed a complaint and motion for emergency injunction and declaratory relief, supporting memorandum, and supporting declarations in Wake County Superior Court in Democracy N.C. v. N.C. State Board of Elections.
The State Board of Elections voted to extend voting at two Durham precincts (Bethesda Ruritan Club and Cole Mill Road Church of Christ) until 8:30 p.m. and extend voting at six other precincts by 20 to 45 minutes, depending on how long they were disrupted during the day by the software problems or a lack of voter authorization forms. The Durham County Board of Elections had requested that all eight precincts stay open until 9 p.m.
Ultimately, Superior Court Judge Donald Stephens deferred to the State Board of Elections’ decision to extend voting times at eight Durham County precincts and did not grant Democracy North Carolina’s request to extend voting at the other 49 precincts across the county.