On May 8, U.S. District Court Judge Graham Mullen will hear Pisano v Bartlett, 3:12-192, in Charlotte. The hearing is set for 2 p.m. The case challenges the May petition deadline for petitions for newly-qualifying parties. North Carolina does not provide a primary for newly-qualifying parties, so there seems to be little state interest in requiring the petitions that early. The lawsuit was filed on March 27 by the Constitution Party, and on April 6, the complaint was amended to add the Green Party.

In 1988, the North Carolina State Board of Elections was so certain that the May petition deadline was too early to be constitutional, it set the deadline aside and accepted the petition from the New Alliance Party in mid-July. The statutory deadline has been in May since 1979. Originally it was in August, then it was moved to July in 1949, and to May in 1979.