[Iowa-dx] FW: North Carolina Ballot Access Case

[Hart, Holly J]

For thsoe who think our petitioning requirements are a pain in the b-----
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Ballot access battle
Crashing the party: Stiff requirements for ballot still in place for
third parties
6 FEB 2008 =95 by Lisa Sorg
http://www.indyweek.com/gyrobase/Content?oid=3Doid%3A173279

Attention Republicans and Democrats: You're still in power. After a year
of litigation, the Green and Libertarian parties are still mired in a
lawsuit over the number of signatures required for third parties to be
listed on the North Carolina ballot. Last week, Superior Court Judge
Leon Stanback Jr. told the small but packed Wake County courtroom that
"personally I think 5,000 or 10,000 signatures should be enough, but the
legislature hasn't seen that it's sufficient." He chose not to rule on
the constitutionality of the state ballot access law, and instead sent
the case to trial. A date hasn't been set, but the lawsuit is expected
to be heard in March. (You can download court documents from the lawsuit
at the end of this article.)

A year ago, the state Green and Libertarian parties sued the State Board
of Elections, contending that North Carolina's ballot access laws are
unconstitutional. North Carolina has among the most restrictive
regulations in the country; it requires third parties to collect 70,000
petition signatures of currently registered voters, a number equivalent
to 2 percent of the voter turnout in the last gubernatorial election.
However, canvassers collect at least 100,000 signatures because
inevitably local boards of election challenge the validity of some
signatures and toss them out.

The party must also receive 10 percent of the vote in order to stay on
the ballot.

In addition, noted attorney Michael Crowell, representing the
Libertarians, the number of required signatures will continue to
increase as North Carolina's population grows. "The evil of the 2
percent is that it will keep going up," he argued in court.

States with 2 percent signature requirements: Pennsylvania, West
Virginia, Indiana, Kansas, Idaho, New Jersey, North Carolina, Arizona

States with more stringent signature requirements: South Dakota (2.5
percent), Alabama (3 percent), Maine (5 percent), Oklahoma (5 percent),
Ohio (5 percent), South Carolina (5 percent)
The Libertarian Party has placed a candidate on the ballot several
times, most recently, in 2004. However, it is expensive to hire
professional canvassers=97usually more than 200=97to conduct the statewide
petition drive, about $1 per signature.

Robert Elliot, cooperating attorney for the American Civil Liberties
Union, said the Greens and the Libertarians, which have elected
officials in other states, "aren't going away. They have a platform of
ideas and are two legitimate political parties."

Libertarian candidate Michael Munger is running for governor, but unless
the party can collect the required number of signatures, his name will
not appear on the ballot. Voters can write in his name.

Green Party member Gray Newman was elected to the Mecklenberg County
Soil and Water District Conservation Board in 2002. However, it was a
non-partisan race, so he was not listed on the ballot as a Green Party
member.

The state argued that lowering the bar on ballot access requirements
would invite rogue parties to run, thus cluttering the ballot and
confusing voters. Nonetheless, from 1929 to 1981, parties had to collect
just 10,000 signatures; in one election cycle, the limit was reduced to
5,000. Only in the early '80s, when the Communist Party and the
Socialist Workers Party appeared on the ballot, did the state
legislature pass a law upping the requirements.

Alec Peters of the N.C. Attorney General's office countered that North
Carolina elects upwards of 10 executive offices, which already crowds
the ballot. "The U.S. Supreme Court has ruled that states have an
interest in avoiding ballot confusion and clutter."

However, Crowder noted that candidates shouldn't be penalized "because
we have a long ballot."

Peters pointed out that several states have set 2 percent to 5 percent
signature thresholds. "That requirement is constitutional," Peters said,
citing rulings in other court cases. "Whether a different requirement
may be set is a matter of policy. The courts can't get into the business
of deciding the cutoff."

Yet, it is unlikely that Republicans and Democrats would allow a third
party to gain enough traction to shed votes from them. In 2006, House
Bill 88 wound through the General Assembly, which would have eased the
ballot access restrictions. It was co-sponsored by several Republicans
and Democrats including state Reps. Paul Luebke of Durham County and
Jennifer Weiss and Paul Stam of Wake County. After passing the House and
Senate, it was killed in the wee hours, shortly before it was passed.