On June 9, Kyle Kopitke, independent presidential candidate, filed this request for rehearing in Buscemi v Bell, 19-2355. The request for rehearing is confined to the issues involving independent presidential candidates. The Fourth Circuit on July 6, 2020 had upheld North Carolina’s independent presidential petition deadline of March 3, which utterly contradicts the U.S. Supreme Court decision Anderson v Celebrezze, 460 U.S. 780.

In Anderson v Celebrezze, Ohio’s independent presidential petition deadline of March 20 was unconstitutional, even though Ohio only required 5,000 signatures. North Carolina’s independent presidential petition deadline is not only earlier than Ohio’s was, the number of signatures is 70,666.

The Fourth Circuit’s recent opinion also contradicts a 1980 Fourth Circuit opinion, Anderson v Morris, 636 F.2d 55, which struck down Maryland’s March petition deadline. It also contradicts a 1980 U.S. District Court decision that struck down North Carolina’s April petition deadline. Greaves v North Carolina State Board of Elections, 508 F.Supp. 78.