U.S. District Court Rules that North Carolina Cannot Retroactively Disqualify Votes After an Election

On May 5, U.S. District Court Judge Richard E. Myers II, a Trump appointee and a member of the Federalist Society, issued an order in Griffin v North Carolina State Board of Elections, e.d., 5:24cv-731. The ruling says North Carolina cannot refuse to count the votes of voters who voted in November 2024 election, and who had been told at the time that they had fulfilled all steps taken to have their votes count. The order is stayed for seven days in case the losing side wishes to appeal to the Fourth Circuit.

This lawsuit stems from the very close race for Justice of the North Carolina Supreme Court. The vote shows that the Democratic nominee won the election. After the election, the losing Republican nominee filed a lawsuit to disqualify thousands of voters. Some of them had missing data in the state’s list of registered voters. Others were overseas absentee voters who had not sent in a photocopy of their photo ID when they mailed their ballots. At the time the state instructions did not require them to do that.

North Carolina State Board of Elections Proposes Regulations to Complicate New Party Petitioning

The North Carolina State Board of Elections has proposed regulations concerning petitioning for new parties. They include requiring the names of all petitioners to be registered with the State Board before they can petition. Also, the party would need to train each potential petitioner.

Similar laws are being challenged in Arkansas in a federal lawsuit filed by the Arkansas League of Women Voters.

The North Carolina board intends that these new regulations (which are not yet passed) would go into effect July 1.

Massachusetts Forward Party Holds Organizing Meeting

On May 4, the Massachusetts Forward Party held its founding convention. See this story. It hopes to be a ballot-qualified party by the 2028 election. To do that, it either needs to increase its registration to 1% of the state total, or to run a candidate for a statewide office in 2026 who receives 3% of the vote.

The meeting was hosted by Kerry Healey, who was the Lieutenant Governor of Massachusetts 2002-2006, and the Republican nominee for Governor in 2006. She is the Executive Chair of the national Forward Party.

New Jersey Litigation Over Primary Ballot Format Still Isn’t Over

Even though a U.S. District Court enjoined the old New Jersey ballot format for primary elections last year, the lawsuit continues. Plaintiffs want a permanent injunction that the old format is unconstitutional. Some of the Defendants and intervenors, including the Democratic Party of Camden County, insist that the lawsuit is now moot and no such order is needed.

On April 23,, the plaintiffs filed a brief in favor of a further court order. Kim v Hanlon, 3:24cv-1098. The old primary ballot format put the candidates favored by the party organizations in a better spot on the primary ballot, and let the party-endorsed candidates all in the same favorable column.