North Carolina Files Brief in Ballot Access Case

On July 16, North Carolina filed this brief in the ballot access case Pisano v Bartlett. This is the case filed by the Green Party and the Constitution Party, challenging the May petition deadline for newly-qualifying parties. The judge in this case has already refused to grant an injunction against the deadline, but the case is set to explore whether the deadline is unconstitutional, in proceedings stretching out into next year.

However, the state is trying to get the case dismissed now. This brief responds to the political parties’ brief of July 6. The parties had pointed out that there are many precedents that say minor parties have standing to overcome an early petition deadline, even if they didn’t make a big effort to petition, or even if they didn’t submit any signatures at all. The new state brief fails to discuss those precedents, one of which, Greaves v North Carolina State Board of Elections, is a North Carolina precedent. In Greaves v North Carolina State Board of Elections, a U.S. District Court struck down the old April petition deadline, even though the plaintiff American Party didn’t submit any signatures at all.

3 comments

  1. We have a uphill fight in North Carolina. Gary Bartlett is no friend of ballot access reform from what I see.

  2. Demo Rep · · Reply

    How about a separate BAN website having ONLY the zillion ballot access cases in the zillion categories —

    dates, percentages, etc.

    — for use by the armies of lazy courts and ballot access lawyers to look at ???
    —–
    P.R. and nonpartisan App.V.
    Equal nominating petitions.
    ONE deadline
    ONE election day.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: