Contributed by Brian Irving
A superior court judge denied motions for summary judgment January 30 in the Libertarian Party of North Carolina's lawsuit challenging the constitutionality of the state's election statutes.
Judge Leon Stanback Jr. said that, although he personally believed North Carolina's signature requirements for ballot access are too high, both sides in the case clearly do not agree on all the facts presented to him. Therefore, he said the case should be properly decided by a trial court.
“We're surprised, and pleased, by this ruling,” said Sean Haugh, former LPNC executive director and a plaintiff in the suit. “Neither side expected this result.” The trial will probably be held in March.
The LPNC initiated the suit in September 2005 and was later joined by the Green Party. Several individual Libertarian and Green party members are also listed as plaintiffs.
The suit asks the court to declare invalid all North Carolina's statutes regulating political parties. This includes the number of signatures required to get on the ballot and the number of votes needed to retain ballot status.
Libertarians contend that North Carolina has the most restrictive ballot access rules in the nation.
State law requires a new party to collect signatures from two percent of the number of people who voted in the previous presidential or gubernatorial election in order to be recognized under state law. This equates to about 70,000 signatures, five times more than the median requirement of any other state with similar rules.
Then, the new party must achieve two percent of the vote for governor of president in order to maintain state recognition.
Meanwhile, the LPNC continue the ballot access drive. Currently, we have collected about 97,000 raw signatures and have about 58,000 signatures verified. Our goal is still 100,000 in order to reach the “magic number” of need 69,733 valid signatures.