#### GREGORY BRET BATDORFF v. NORTH CAROLINA STATE BOARD OF ELECTIONS; CITIZENS FOR TRUTH IN ELECTIONS, a political committee; and WAKE COUNTY BOARD OF EDUCATION

No. 263PA02

(Filed 28 February 2003)

On discretionary review pursuant to N.C.G.S. § 7A-31 of a decision of the Court of Appeals, 150 N.C. App. 108, 563 S.E.2d 43 (2002), affirming an order of dismissal entered 5 February 2001 by Judge James C. Spencer, Jr., in Superior Court, Wake County. Heard in the Supreme Court 3 February 2003.

Stam, Fordham & Danchi, P.A., by Paul Stam, for plaintiff - appellant.

Roy Cooper, Attorney General, by Susan K. Nichols, Special Deputy Attorney General, for defendant-appellee North Carolina State Board of Elections.

Tharrington Smith, L.L.P., by Michael Crowell, for defendantappellee Citizens for Truth in Elections.

PER CURIAM.

DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.