Note: An earlier version of this post said that there was a party line vote at the North Carolina Board of Elections not to withdraw from the case. That’s correct, but it was not the end of the story. I have just received the following letter indicating that the Board takes the position it is not involved in the case:
The State Board of Elections this evening voted unanimously to communicate that it has not taken, and does not take, a position in the above-referenced action. The Board wishes also to communicate that it does not believe the agency is presently represented by private counsel in this matter, nor has the agency acted to retain private counsel in the past.
If the governor and AG have withdrawn the cert. petition, and the Board of Elections has no position in the litigation, it seems that the case should be withdrawn from SCOTUS, unless the Legislature seeks to intervene and argue that the governor lacked the power to withdraw from the case. As of now, the Legislature is not a party to the case, and it is not clear to me how this would get resolved.
Does this get resolved in state court? Does SCOTUS put consideration of the cert. petition on hold or does it allow the withdrawal of the petition?
I will update this post further if I get more information.
This post has been corrected.