On December 29, a North Carolina independent voter, Brian J. Martin, filed a lawsuit in state court to keep former President Donald Trump off the North Carolina Republican primary ballot. Martin v North Carolina State Board of Elections, 23cv-037438-910. Martin says he intends to vote in the upcoming Republican primary. North Carolina lets independent voters choose a partisan primary ballot.
Martin had earlier asked the State Board of Elections to bar Trump from the ballot, but the board voted 4-1 that it doesn’t have jurisdiction to do that. The Board has three Democrats and two Republicans. The challenge procedure in North Carolina doesn’t seem to apply to presidential primary candidates who don’t actually file to be on the ballot; instead the party tells the State Board which presidential candidates to list (and those not chosen are then free to submit a petition).