The North Carolina Supreme Court will hear the Libertarian/Green Party ballot access case on September 9 at 9:30 a.m.  The lawsuit, Libertarian Party v State Board of Elections, challenges many North Carolina election laws that relate to minor parties.  The lower courts have tended to treat the case as being solely about the number of signatures needed to get on the ballot.  For 2010, North Carolina requires 85,379 signatures.  That is the highest number of signatures required by any state except California.

However, the case also challenges the state’s refusal to let a party qualify in just one district or county, if it is unable to qualify statewide.  It challenges the state’s refusal to let voters register into unqualified parties.  It challenges the law that says even qualified parties cannot appear on the state income tax checkoff form, unless they have registration of at least 1%.  That latter provision has probably been responsible for the Libertarian Party losing $35,000 in donations that otherwise would have gone to the party.  The Libertarian Party has been ballot-qualified since 2008 but it does not have registration as high as 1%.  This is partly because every time a party goes off the ballot, it loses all its registrants.  Then, when it gets back on, it must start from zero.  On the 2008 tax returns, the state made a mistake and printed the Libertarian Party on the state income tax form anyway, and the party received $39,691.

The Libertarian Party filed the case in 2005.  Later, the Green Party joined the case.  The Green Party has never been on the ballot in North Carolina.

Another North Carolina ballot access case, challenging the number of signatures for an independent candidate for U.S. House, has a hearing in federal court in Charlotte on August 12.  Thanks to Barbara Howe for the news about the State Supreme Court hearing in September.