On August 5, U.S. District Court Judge James C. Dever issued an opinion in North Carolina Green Party v North Carolina State Board of Elections, e.d., 5:22cv-276. It puts the Green Party’s 2022 nominees on the November ballot. Although the State Board of Elections on August 1 had recognized the Green Party as a qualified party, the candidates still weren’t on the ballot because the state law says their names must be certified by July 1 of an election year. The candidates were chosen by convention and the party had met this deadline, but the Board hadn’t recognized the party by July 1, so without this federal court order, the candidates would have missed the deadline.
The order says the July 1 deadline is a severe burden, under the circumstances of this case. The order also expresses the view that the Supremacy Clause of the U.S. Constitution, giving higher standing to federal laws that contradict state laws on the same subject, will not allow any state court to remove the party.
The order also grants the national Democratic Party the ability to intervene in the case, so that if the National Democratic Party wants to appeal to the Fourth Circuit, even though the Board doesn’t, the Democratic Party can do that.
The order examines the evidence concerning disputed signatures, and determines that the number of disputed signatures, when subtracted from the number of signatures submitted, does not change the State Board’s decision that there are enough valid signatures.
Reason.com has an in-depth post on the North Carolina Green Party ballot access
https://reason.com/2022/08/05/north-carolina-green-party-scores-major-win-in-ballot-access-dispute/
Good.
That Reason.com story is very good, but it doesn’t deal with this latest court development. The Reason piece was posted a few hours before the court order of August 5 came down.
Oh, that 10 percent requirement is fricking ridiculous. Richard, are there any states worse than that, to the best of your knowledge?
Reason is wrong about the 10% vote test. It has been greatly improved. Now it is 2% for president or governor. Furthermore, even if a party doesn’t meet the vote test, it is still qualified as a party if its presidential nominee at the last election was on the ballot in at least 35 states. That latter provision saved the Libertarian Party, because the party didn’t get as much as 2% for either president or governor in 2020.
Awesome! Now here’s hoping the unDemocratic Party’s separate lawsuit fails.
This is a local article about the ruling:
https://www.wral.com/federal-judge-to-nc-elections-board-put-green-party-candidates-on-november-ballots/20405446/
The green party really is a tool used to manipulate outcomes.
Nimby, if you knew Green Party activists, or went to any of their meetings, you would have a different opinion.
So Nimby, how does that idea of yours square with the reality that is the Green Party’s elected and appointed officials? We’ve had hundreds of them at the local and state level over the years. I was one of them, in fact, an appointed lake board member.
I’d recommend ignoring the “Democratic” Party Establishment’s anti-third party propaganda.
So the Board of Elections was bluffing about their “evidence”, that’s nice…
I’m not well versed in law, but does anyone believe that the board acted criminally, like with intent to harm? Not that the State of North Carolina would criminally charge the board members anyway. And not that North Carolina ballot access laws are the gold standard to be defended.
I kind of like commie third parties like the green pukes splitting the commie vote and thus helping the commie pos demon rats lose. Especially now that the GOP is becoming a lot more based.
The GOP is a hopeless political party that does nothing to give the state the hope or the results needed. I wouldn’t even call the GOP a conservative political party. We need real conservatives like the constitution party. I hope we can get an actual conservative party on the ballot in 2024 so that conservatives have a real choice. This story shows that the left was so close to not having a candidate in 2022.
It’s become a lot better since Trump started running for President as a Republican, and has improved a lot in the years since. And unlike the constitution party it doesn’t spoil elections, it wins them. The constitution party can talk about ending the holocaust of abortion until they are blue in the face, but it took the GOP to pass an imperfect pro-life bill which nevertheless greatly cuts down on the grizzly legalized mass murder of innocent babies, and to then override the demon rat governor’s veto.
As for the left, they can and quite literally will go to hell unless they repent, get on their knees, beg God for forgiveness, and accept Jesus into their hearts as their Lord and Savior.