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.