2024 is First Presidential Election in Which North Carolina Doesn’t List Major Party Presidential Candidates in Top Two Spots on Ballot

Before 2013, North Carolina ballots always had Democratic nominees on the top line of the ballot. The law didn’t mention the Democratic Party by name, but it said among the parties with registration of at least 5% of the state total, those parties would be listed first, and in alphabetical order. Obviously, since “Democratic” comes before “Republican” in alphabetical order, the old law always had Democrats listed first.

In 2013 the Republicans had a majority in the legislature, and they changed that law to say that the top spot for each office should go to the nominee of the party that had won the most recent gubernatorial election. In 2012 Republicans had won the Governorship, so the new law meant Republicans would be listed first for all office.

Then, in 2016, Democrats recaptured the Governorship. So the Republican-majority legislature in 2018 changed the law again, to set up a completely equal method for all candidates to have a chance at the top spot. It said that a random drawing would be held to choose a letter of the alphabet. Candidates would be listed by surname alphabetical order, starting with that letter. Another random drawing would decide whether that year the state would use alphabetical order of candidate surnames for each office (starting with the chosen letter), or would use reverse alphabetical order. In 2018 this meant that the Green Party nominee for U.S. Senate was listed first. In 2020, the first presidential election under the new system, it happened that Donald Trump placed first, followed by Joe Biden, Don Blankenship (Constitution nominee), Howie Hawkins (Green nominee), and Jo Jorgensen (Libertarian nominee).

Now, in 2024, the random drawing selected the letter “D”, and the other drawing selected alphabetical order. So the order of candidates is: Kamala Harris, Robert F. Kennedy Jr, Chase Oliver, Jill Stein, Randall Terry, Donald Trump, and Cornel West. This is the first presidential election in North Carolina in which one of the two major party candidates is not listed among the top two. Of course if Kennedy wins his lawsuit to get off the ballot, his name would be deleted and Oliver would be second.

U.S. District Court Says Lawsuit Against Georgia’s Law on U.S. House Ballot Access is Too Far Along to Make an Argument Based on New Presidential Law

On August 26, U.S. District Court Judge Leigh Martin issued an order in Cowen v Raffensperger, n.d., 1:17cv-4660. This is the Georgia Libertarian case filed in 2017 against the law on how a minor party or independent candidate gets on the ballot for U.S. House. Part of the case had been technically still alive. Then a few months ago, the Georgia legislature passed a bill making it possible for a minor party candidate for president to be on the ballot even if that presidential candidate has no support whatsoever inside Georgia. The new law says if a minor party presidential candidate is on in at least 20 other states, he or she is automatically on in Georgia.

The plaintiffs in the U.S. House lawsuit wanted to revive the case by citing the new concerning presidential ballot access. The plaintiffs wanted to argue that because Georgia now theoretically lets a minor party presidential candidate on the ballot even though the candidate might have no support in Georgia, that undercuts the state’s defense of the law on U.S. House. Georgia’s defense is that a state has a compelling interest in keeping candidates off the ballot unless they have overwhelming popular support.

But the judge said the U.S. House case was too far close to the end of its life, to make it possible for the new argument to be put into an amended complaint. The argument is still powerful, but it will need to be made in a brand new U.S. House case.

Robert F. Kennedy, Jr., Sues North Carolina State Board of Elections to Remove Himself from Ballot

On August 30, Robert F. Kennedy, Jr., filed a lawsuit to remove himself from the North Carolina ballot. His party in North Carolina made the request with his consent. There is no deadline in the law for him to remove himself, and Kennedy argues that there is no basis in law to refuse his reqauest. See this story.

The case is filed in state court. Kennedy v North Carolina State Board of Elections, Wake County Superior Court.

Ballot-Qualified Libertarian Party of New Mexico Nominates Laura Ebke for President

The ballot-qualified Libertarian Party of New Mexico has nominated former Nebraska State Senator Laura Ebke for president, and she will appear on the New Mexico ballot.

That party is not affiliated with the national Libertarian Party. Instead it is affiliated with a new nationally-organized party, still mostly unformed, called the Liberal Party.

Chase Oliver is on the New Mexico ballot as the nominee of the Free New Mexico Party, which is affiliated with the national Libertarian Party.

Ebke’s running mate is Tricia Butler. Ebke is a registered Libertarian in her home state of Nebraska.