In August 2024, a U.S. District Court issued an injunction, requiring North Carolina to put Cornel West and his party on the ballot. Ortiz v North Carolina State Board of Elections, e.d., 5:24cv-420. The State Board had argued that the party should not be on, because some of its signatures had been collected by a group that was distinct from the party itself. Also the State Board had argued that it had surveyed some of the voters who had signed the petition and a few of them had said the petitioners did not explain what the petition was for. The U.S. District Court had rejected these concerns when it issued its injunction.

Now West wants to same court to issue declaratory relief on those points, but the State Board of Elections is arguing that the case is moot and should be dismissed. “Declaratory relief” means a court decision that declares what the law is, so that there is clarity in the future.