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Bernstein v Sims update, Ethics Complaint over Rep Nickel's TikTok
No. 14 — Apr. 2-Apr. 8, 2023
Judge rules to sustain lawsuit against the Wake Co. Board of Elections (pdf)
On Monday, the judge overseeing Lynn Bernstein’s lawsuit against the Wake County Board of Elections and Elections Director ruled on several motions brought by the defendants (link: Bernstein v. Sims). Bernstein, a Democrat election integrity advocate and founder of Transparent Elections NC, is suing in federal court after Wake County Elections Director Gary Sims permanently banned her from the BoE headquarters, where Bernstein had regularly attended public meetings (analysis of the allegations here). Judge Terrence Boyle had previously issued a preliminary injunction allowing Bernstein to attend public meetings at the property, finding that "[Bernstein] has presented sufficient evidence that her being trespassed was motivated not by any criminal activity but by her prior expression of her viewpoint and message."
Although Judge Boyle upheld most of the complaint, he did dismiss the two counts of assault and defamation against Sims in his individual capacity. Judge Boyle ruled that Bernstein had not “specifically alleged any corruption or malice” which would be required to overcome “public official immunity” and hold Sims personally liable for his conduct.
Watchdog Group Files Complaint Against Rep. Wiley Nickel For Allegedly Abusing Official Resources (Daily Caller)
An ethics complaint has been filed against Representative Wiley Nickel for using his TikTok account for both official and political purposes. Nickel represents NC’s 13th Congressional District, which comprises Johnston County, as well as portions of Harnett, Wake, and Wayne. Members of Congress are prohibited from both using official resources for campaign purposes and campaign resources for official purposes. Representatives often maintain separate official and campaign social media accounts in order to comply with these rules.
Keeping you updated
Raleigh Police Department releases 5-day report on last week’s fatal shooting of Jorge Luis Vega-Lesama
Governor Cooper issues response to allegations by SBI director
Raleigh anti-harassment ordinance passes second vote and becomes law
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