North Carolina State Appeals Court Hears Ballot Access Case

On April 20, a 3-judge panel of the North Carolina Appeals Court heard arguments in Libertarian Party of North Carolina v State Board of Elections, a case filed in 2005. The arguments lasted for one hour. The judges were John C. Martin (who asked no questions), Sanford L. Steeleman (who asked the attorney for the state whether it would help with ballot crowding to have just one party on the ballot), and Ann Marie Calabria. UPDATE: here is a newspaper story about the hearing; thanks to Independent Political Report for the link.

A decision will probably be out in three or four months. The case will probably depend on whether the judges feel that the North Carolina Constitution gives more protection to voting rights than the U.S. Constitution. The North Carolina Constitution says, “All elections shall be free”, and also “Every qualified voter in North Carolina who is 21 years of age, except as in this Constitution disqualified, shall be eligible for election to the people to office.” The U.S. Constitution does not have similar language.

North Carolina is one of only four states in which Ralph Nader has never appeared on the ballot. It was one of only four states in which Ron Paul’s name didn’t appear on the ballot in the 1988 election, when he was the Libertarian Party presidential nominee.