North Carolina Tells Constitution Party that its Nominees Can’t Use Petition in Lieu of Filing Fee

In 1972 and again in 1974, the U.S. Supreme Court ruled unanimously that states must provide alternatives to candidate filing fees, at least if the candidate has a low income and few savings.  In 1975 a U.S. District Court in North Carolina ruled that the state must create procedures for such candidates, and the state complied, passing a provision that set up a petition in lieu of a filing fee.

On April 13, 2018, the North Carolina State Board of Elections sent a letter to the Constitution Party, which is currently petitioning to get on the ballot for the 2018 election.  The Board’s letter says that Constitution Party nominees cannot circulate the petition in lieu of filing fee, because the party isn’t yet on the ballot and the petition in lieu of the filing fee was due earlier this month.

The State Board has probably forgotten all about the U.S. District Court decision Brown v North Carolina State Board of Elections, 394 F Supp 359 (w.d. 1975) which said the state must have procedures in lieu of the filing fee.  In any event, the State Board’s recent decision conflicts with that precedent.


Comments

North Carolina Tells Constitution Party that its Nominees Can’t Use Petition in Lieu of Filing Fee — 4 Comments

  1. The 1972 and 1974 SCOTUS cases were more perversions after the starting 1968 perversion in Williams v Rhodes.

    How many A to Z private and public legal actions require $$$ to happen ???

  2. Under Top 2 there is no need for party qualification, and any individual candidate would have been able to submit an in lieu of petition.

  3. Top 2 does ZERO about the minority rule gerrymanders — EXCEPT to have EVEN LESS THAN 25 percent minority rule, if there are 2 D or 2 R in a gerrymander district (due to MORE NON-votes) —

    1/2 or less votes X 1/2 gerrymander districts = 1/4 or less CONTROL = OLIGARCHY.

    NO PRIMARIES

    PR AND APPV

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