News & Observer | newsobserver.com | Judge upholds N.C. rules for getting party on ballot

Published: May 29, 2008 12:30 AM
Modified: May 29, 2008 06:09 AM

Judge upholds N.C. rules for getting party on ballot

 

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RALEIGH - A judge has upheld North Carolina's high standard requiring tens of thousands of signatures to be collected before a group is officially recognized as a political party. He ruled that no fundamental right exists for the party of a voter's choice to be on the ballot.

The Libertarian Party sued the state in 2005, arguing that requirements to get on the ballot and stay on it are too onerous, violating party members' rights to freedom of speech and association. The Green Party of North Carolina later joined the lawsuit.

Superior Court Judge Robert Hobgood, who heard the case in a non-jury trial this month in Wake County, ruled late Tuesday that the "state has a compelling interest in requiring a preliminary modicum of support before recognizing a political party and placing its candidates on the ballot."

This year, under the law, groups had to collect nearly 70,000 voters' signatures to receive official party status -- one of the highest thresholds in the country, according to the party leaders and candidates who sued.

"We're deeply saddened by this ruling," Barbara Howe, chairwoman of the Libertarian Party of North Carolina, said in a release Wednesday. "Not only did the judge support the state's power to take away our right to choose who represents us, he also upheld the state's assertion that North Carolina voters are not smart enough to fill out a so-called long ballot."

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