On January 18, this brief was filed in Greene v Bartlett, 10-2068. This is the case that challenges the North Carolina ballot access law for independent candidates. No independent candidate for U.S. House has ever appeared on a government-printed ballot, and North Carolina has had government-printed ballots since 1901.

The state’s brief emphasizes that in 2010, an independent candidate did appear to qualify for U.S. House. He was Wendell Fant, and his petition was financed and supported by the Service Employees International Union. But he did not appear on the ballot because he didn’t accept the nomination. The reply brief points out that the Fant petition drive occurred after all the evidence in this lawsuit had been filed, and says that if the 4th circuit believes that the success of the Fant petition is key to the case, then the 4th circuit ought to remand the case back to U.S. District Court so more evidence about the Fant petition can be put in the record. It is plausible that the Fant petition cost the backers as much as $100,000.