Libertarian-Green North Carolina Ballot Access Lawsuit has Hearing

A North Carolina Superior Court in Raleigh has scheduled a hearing in Libertarian Party of North Carolina v State Board of Elections for January 30, Wednesday, at 9 am. This case, which includes the Green Party, was filed in 2005 to challenge the ballot access laws for new and previously unqualified parties. The case number is 05-cvs-13073. It will be held in Room 10D of the Wake County Courts Building.

North Carolina requires more signatures for a new party to get on the 2008 ballot than any other state except California. It requires 69,734 signatures, more than even Texas and Oklahoma. The Libertarian Party does now have more than 90,000 signatures, and expects to qualify regardless of how the lawsuit is resolved; but the Green Party and other parties certainly won’t be on the ballot unless this case is won. The lawsuit also challenges the inability of voters to register as members of unqualified parties, an issue which was lost in federal court in North Carolina in 1994, but which has won in New York, New Jersey, Colorado, Iowa, and to a limited extent in Oklahoma.

U.S. Supreme Court Oral Argument on Indiana Voter ID Case

On January 9, the U.S. Supreme Court heard oral argument in the Indiana government picture photo-ID case for voters who want to vote at the polls. Here is an eye-witness description of the argument by Professor Ned Foley. UPDATE: Here is the transcript.

It seems somewhat likely that the eventual opinion will say that this case should be brought as an “as-allied” case in the future, on behalf of a particular voter who has been injured. The current case argues that the Indiana law is unconstitutional on its face. The analogy would be to the fairly recent decisions on the McCain-Feingold law and its provisions on TV and radio advertising. First the court upheld the law on its face, but then in a later case, struck down part of that law.