North Carolina Independent Candidate for U.S. House Won't Seek Injunctive Relief, Just Declaratory Relief

Bryan Greene, independent candidate for U.S. House in North Carolina’s 10th district, filed a federal lawsuit on August 8 against that state’s ballot access laws for independent candidates for U.S. House. On September 9 he withdrew his request for injunctive relief, but of course he will still argue for declaratory relief. The case is Greene v Bartlett. The case has been delayed because the state argues (weakly) that Greene should have filed in federal court in the eastern district instead of the western district. That is a weak argument on the state’s part, since the prior most recent federal ballot access case in North Carolina (DeLaney v Bartlett) had been filed and won in the middle district, which seems to establish that not all cases must be filed in the eastern district. Also the Libertarian Party’s mid-1990’s federal ballot access case had been filed in the middle district (McLaughlin v State Board of Elections). UPDATE: on September 9, U.S. District Court Judge Richard Voorhees ruled that the western district does have jurisdiction.

North Carolina laws for independent candidates for U.S. House are so severe, no independent candidate for that office has ever appeared on a government-printed ballot in that state. North Carolina started using government-printed ballots in 1901.


Comments

North Carolina Independent Candidate for U.S. House Won't Seek Injunctive Relief, Just Declaratory Relief — 3 Comments

  1. Everyone needs to rise up against the horribl state of nc’s elections laws. I live in nc and we almost never have a 3rd party on the ballot.
    Bob barr made it this year but only because he paid the money to collect signitures to get on the ballot. It took 69,000 vaild signiures for a canndiate to get on the ballot this year. That meant at least 100,000 as the state of nc throws out 30% on average.

  2. Well, to be clear, Bob Barr didn’t pay the money to get on NC’s ballot. The Libertarian Party of NC and the National Party paid the $130,000 it required to accomplish the task. But Keith is right, NC is terribly restrictive. We have a lawsuit currently in the Appeals Court. Contribute to our effort at . If we win this suit, it will help independent candidates like Greene, as well as additional political parties.

  3. I missed the link for contributing here it is again.

    Well, to be clear, Bob Barr didn’t pay the money to get on NC’s ballot. The Libertarian Party of NC and the National Party paid the $130,000 it required to accomplish the task. But Keith is right, NC is terribly restrictive. We have a lawsuit currently in the Appeals Court. Contribute to our effort here. If we win this suit, it will help independent candidates like Greene, as well as additional political parties.

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