Tuesday, July 24, 2018

North Carolina Constitution Party Files Ballot Access Lawsuit for Three of its Nominees

Ballot Access News

On July 20, the North Carolina Constitution Party filed a federal lawsuit to regain a spot on the November ballot for three of its nominees. The State Board of Elections removed them because they had run in Democratic or Republican primaries this year, and had lost those primaries; then the Constitution Party had nominated them in its convention. Poindexter v Strach, e.d., 5:18cv-366. Here is the eleven-page Complaint.

The basis for the lawsuit is due process. On the date the Constitution Party nominated the three candidates, there was no law saying a convention party could not nominate persons who had earlier run in a major party primary. The law didn’t exist until a few days after the nominating convention. Two of the candidates are running for partisan county office and one for the legislature. One had run in a Democratic primary, and two in a Republican primary.

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