North Carolina State Court Enjoins Law on Party Labels for Judicial Candidates who Recently Changed Parties

On August 13, a state court in North Carolina struck down the law concerning partisan labels for judicial candidates. See this story. The story does not say if the law was struck down on due process grounds (because it was created after candidates had already filed for office), or on the substance of the law itself. Check back here for more details soon. UPDATE: here is the eleven-page Order. It is based not only on due process, but freedom of association. It says, “If a law gives some candidates for a specific race a party identifier, but not other candidates for the same race, that law imposes a burden on the associational rights of the candidates left unidentified…The burden on Plaintiff’s rights is also severe because it affects Plaintiff’s rights ‘at the most crucial stage in the election process, the instant before the vote is cast.’ Cook v Gralike, 531 U.S. 510, 525 (2001).”

There were technically two cases, one filed by Chris Anglin who is running for State Supreme Court, and one filed by Rebecca Edwards who is running for Superior Court. Anglin v State Board of Elections, Wake County, 18cvs-9748; and Edwards v State Board, 18cvs-9749.


Comments

North Carolina State Court Enjoins Law on Party Labels for Judicial Candidates who Recently Changed Parties — 2 Comments

  1. MUST have election laws in force X days before election day —

    or in general NO retroactive laws, civil or criminal.

    Again – *ex post facto* has been deemed only to apply to criminal stuff by the genius moron courts for history reasons — retroactive criminal purge laws in the rotted Brit regime for centuries.

    Thus the nonstop retroactive *civil* machinations regarding taxes, civil torts, and now election stuff.

  2. Yet another reason/case to have —

    NONPARTISAN elections for ALL elected exec/judic officers

    via AppV – pending Condorcet.

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