Long-Awaited Trial in North Carolina Ballot Access Case Starts May 5

In 2005, the North Carolina Libertarian Party filed a lawsuit, alleging that the ballot access laws for new and small parties violate the State Constitution. Later, the Green Party intervened in the case. The case has survived two attempts by the state to dismiss. Finally, the trial starts on May 5. North Carolina requires more signatures to get a new party on the ballot than any other state, except for California. Yet when North Carolina only required 10,000 signatures (between 1929 and 1981), the state never had more than six parties on the ballot. The existing law was passed in 1983. Many attempts to ease it have failed in the state legislature in the past 25 years.


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Long-Awaited Trial in North Carolina Ballot Access Case Starts May 5 — No Comments

  1. It is good to see some progress being made here. If they decide in favor of the Libertarians and Greens, what will their decision actually do?

  2. Winning the case would force the legislature to pass a new law. If the case was won at a time when the legislature was not in session, then a political party would need to show a court that it has a modicum of support, and ask the court to put it on the ballot. But probably the legislature would be called into special session to fill the gap in the law (or maybe the State Bd. of Elections would write an emergency regulation).

    Winning this lawsuit would not help independent candidates. This lawsuit only concerns political parties. It will probably take years for this political party case to be all decided, since whichever side loses will probably appeal.

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