U.S. District Court Finds Democratic Party Intervention in North Carolina Green Party Lawsuit was So Faulty as to Merit Award of Attorneys Fees Against the Democratic Party

On April 2, a U.S. District Court Judge ruled that the Democratic Senatorial Campaign Committee and the North Carolina Democratic Party must pay attorneys fees to the Green Party’s attorney, stemming from the Democrats’ intervention into the 2022 Green Party ballot access lawsuit. In 2022 the Green Party won a lawsuit to get on the ballot in North Carolina. During the litigation, the Democrats intervened in the case. Also after the Green Party had won in federal court, the Democrats filed a new lawsuit to remove the Greens in state court.

The U.S. District Court determined that some of the actions of those two Democratic Party bodies was “frivolous, unreasonable, and without foundation”, so the Democrats must pay $6 525 to the Green Party’s attorney. Green Party of North Carolina v North Carolina State Board of Elections, e.d., 5:22cv-276. Here is the order.

New Jersey Defendants in Ballot Format Case File Brief with Third Circuit

The New Jersey county election offices that are fighting to retain the old discriminatory ballot format for this year’s Democratic primary have filed this brief in the Third Circuit. They want the Third Circuit to stay the ruling of the U.S. District Court that ordered office-group ballots for the June 4 Democratic primary.

Their brief says the U.S. District Court order violates the Purcell Principle, a poorly-defined doctrine that says election rules should not be altered too soon before an election.

The brief had to be written in great haste. The Third Circuit had ordered that it be filed by midnight at the end of Monday, April 1.

March 2024 Ballot Access News Print Edition

KANSAS HOUSE PASSES BILL QUADRUPLING INDEPENDENT STATEWIDE PETITION

On February 22, the Kansas House passed HB 2516 by a vote of 68-52.  It increases the statewide independent candidate petition from 5,000 signatures to 2% of the last gubernatorial vote, which would be 20,180 signatures.  The bill would take effect immediately.

If the bill becomes law, Kansas would have the nation’s most severe procedure for a presidential candidate running outside the major parties, if the states are compared using the easiest method to get on the ballot, and if they are compared on a percentage basis.  Currently Wyoming has the nation’s most severe petition percentage for president, 1.40% of the Wyoming vote for president in 2020.  The bill would put Kansas at 1.47% of the Kansas 2020 presidential vote.

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