Wednesday, April 18, 2018

North Carolina Tells Constitution Party that its Nominees Can’t Use Petition in Lieu of Filing Fee

Ballot Access News

In 1972 and again in 1974, the U.S. Supreme Court ruled unanimously that states must provide alternatives to candidate filing fees, at least if the candidate has a low income and few savings. In 1975 a U.S. District Court in North Carolina ruled that the state must create procedures for such candidates, and the state complied, passing a provision that set up a petition in lieu of a filing fee.

On April 13, 2018, the North Carolina State Board of Elections sent a letter to the Constitution Party, which is currently petitioning to get on the ballot for the 2018 election. The Board’s letter says that Constitution Party nominees cannot circulate the petition in lieu of filing fee, because the party isn’t yet on the ballot and the petition in lieu of the filing fee was due earlier this month.

The State Board has probably forgotten all about the U.S. District Court decision Brown v North Carolina State Board of Elections, 394 F Supp 359 (w.d. 1975) which said the state must have procedures in lieu of the filing fee. In any event, the State Board’s recent decision conflicts with that precedent.


J.R.Myers said...

Interesting development.

J.R.Myers said...

I continue to be amazed and humbled by the financial support we are receiving in our effort to gain first time ever ballot access in the state of North Carolina. Your generous support has exceeded my fondest hopes. I received a text from Kevin Hays last evening that they have surpassed the 13,000 signature mark! This leaves us just 2,500 signatures short of the number of signatures that we will need to reach the 12,000 valid signature mark to qualify North Carolina for ballot position. Our validity rate is holding up at 78.5% which is remarkable for having so many in-experienced volunteers gathering signatures. Our goal is to complete the signature drive next week. This will give the party leaders adequate time to get the signature petitions to the county clerks for verification and then to the NC Secretary of State's office by the deadline of June 1st. There are a number of candidates who will file to run on the Constitution Party there once the word is confirmed by the NC Secretary of State that we have achieved ballot access.

I have been contacted by professional signature gatherers offering to gather signatures for $3.00 and $3.50 per signature plus other expenses. They have expressed their amazement that we have expended just over $14,000.00 to secure the 13,000 signatures that we have gotten since mid-December. That is an average cost per signature of less than $1.10. They can not comprehend that it could be done for less than $3.00 or even $3.50 per signature. The key to our success has been the dedication of our one professional and many loyal volunteer petitioners to the cause of Liberty. Our people understand that to retain our liberty is a personal matter and can only be accomplished through dedication and personal sacrifice on their part. They are committed to giving whatever personal and financial sacrifice that may require. To see such dedication and perseverance on the part of so many people has been a most gratifying and heartwarming experience.

To successfully complete our ballot petition drive we need to raise a final $2,500.00 immediately so once again I am appealing for your financial assistance. If you are in a position to donate any amount, please go to and donate what you can for ballot access. We are so close to success that we simply must push forward to reach our goal. If you wish, you may also send a check payable to the Constitution Party to PO Box 1782 Lancaster, PA 17608. A donation of $5.00, $10.00, $15.00, $20.00, $25.00. $50.00. $100.00, $500.00, or whatever you are able to donate would be deeply appreciated. It is urgent that we raise those funds immediately.

Last weekend we held our semi-annual National Committee meeting in Denver, CO. Joe Miller who also addressed our group last fall in Pittsburgh was our keynote speaker. He was accompanied by his wife Kathleen. During his time at the meeting, he emphasized, again and again, the critical need to gain ballot access in all 50 states. He was noticeably impressed by what we have accomplished thus far this year in Hawaii and now in North Carolina and also New Mexico where we have gathered 500 signatures on a volunteer basis. We need just 2,565 valid signatures to qualify in that state.

Again, I plead with you to give what you are able to. Then share this message with family and friends of like mind. Your sharing this message with others is paying off as we continue to receive donations from people who have never donated to the party before. If just 210 donors gave $13.00 each, that would put us over the top. I can not thank you enough for the effort you are making to help us make history in North Carolina. I have been extremely impressed with the hard work and dedication of the party leaders there. Together we can achieve heights we have never reached before.

My sincere thanks and appreciation to each of you in advance for your past and continued loyal support.

For God Family and Country,


National Chairman
Constitution Party