North Carolina Supreme Court Ends Gridlock over Membership on State Board of Elections

Posted on by January 26, 2018
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On January 26, the North Carolina Supreme Court issued an opinion in Cooper v Berger, 52PA17-2. It ruled that the law passed last year, ending the old method for determining who is on the State Board of Elections, violates the State Constitution. See this story.

As a result, it will now be possible for the Board to again have members. For the past several months the employees of the State Board have taken the position that there is no State Board of Elections, because the identity of the members was disputed. Now that the Board is in existence again, it will be possible for the Board to accept the proof that the Green Party is a ballot-qualified party. The Green Party had to show that its presidential nominee was on the ballot in at least 35 states in 2016. The Board employees accepted the proof but said until the stalemate was ended, the Board couldn’t certify the Green Party. Thanks to Rick Hasen for this news.

If You Live in Indiana, You can Easily Help Ballot Access Bill

Posted on by January 26, 2018
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The Indiana Senate will soon vote on SB 328, the bill that eases ballot access. It has already passed committee and may get a Senate vote as early as Monday, January 29. If you live in Indiana, please call 800-382-9467, a capitol phone number. You will be asked which legislator’s office you wish to contact. Ask your State Senator to support SB 328.

Ralph Nader placed third in the presidential elections of 2000, 2004, and 2008. In those three runs, he never appeared on the ballot in just four states: Georgia, Indiana, North Carolina, and Oklahoma. In the last two years three of those states have substantially eased ballot access, but Indiana has not.

SB 328 cuts the number of signatures from 2% of the last Secretary of State vote, to 4,500 signatures (for statewide office). Also, it sets up a party petition procedure, so that a group could petition before it has chosen its nominees. Passage of this bill would be of great help to voter rights in Indiana and nationwide.

Newspaper Describes Oral Argument in North Carolina Case over Abolition of Judicial Primaries

Posted on by January 26, 2018
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The Charlotte Observer describes the oral argument on January 24 in North Carolina Democratic Party v Berger, m.d., 1:17cv-1113. This is the case over whether it is unconstitutional for North Carolina to list party labels on the general election ballot for judicial office, and yet give parties no means to nominate for judicial office.

U.S. District Court Explains Why Arkansas March 1 Petition Deadline for Independent Candidates is Unconstitutional

Posted on by January 25, 2018
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On January 25, U.S. District Court Judge James M. Moody, Jr., issued an eight-page opinion in Moore v Martin, explaining why the Arkansas March 1 petition deadline for non-presidential independent candidates is unconstitutional. The Judge had already determined that the deadline is unconstitutional on December 15, 2017, but only now has he issued an explanation.