The North Carolina Democratic Party is currently suing the State Board of Elections to remove Robert F. Kennedy, Jr’s party from the ballot.  North Carolina Democratic Party v North Carolina State Board of Elections, Superior Court, Wake County, 24cv-023631-910.

The Democratic Party argues that the party created by Kennedy is a “sham” party.  This ignores North Carolina history.  Five times previously, an independent presidential candidate, or a group formed to promote an independent presidential candidate, created a party in North Carolina.  This is common behavior because the North Carolina independent petition law, at almost all times in history, has required far more signatures than a new party needs.

In 1964 George C. Wallace expected to be an independent presidential candidate that year, so he created the George C. Wallace Party in North Carolina in June.  Later, when he realized Barry Goldwater was going to be the Republican nominee, he dropped his campaign and his party never appeared on the North Carolina ballot.

In 1968 Wallace created the American Party in North Carolina.  He was an independent presidential candidate that year, not nominated in any national convention.  He didn’t create a nationally-organized new party.  However, he created one-state parties in some states, for ballot access purposes, and he used the independent procedure in other states.

In 1980 John B. Anderson was an independent presidential candidate, but he created the Independent Party in North Carolina.  The Democratic Party challenged Anderson, not on the basis that he had created a “sham” party, but on the basis that he was a sore loser, because he had run in the Republican presidential primary in North Carolina.  But Anderson won that lawsuit.

In 2012, Americans Elect qualified as a party in North Carolina, even though its intent was to support an independent presidential candidate, not to form an actual new party.  In 2024, No Labels did the same in North  Carolina.  It is currently on the North Carolina ballot even though it has decided not to run anyone for president.