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LIBERTARIAN PARTY OF N.C. v. STATE

No. COA08-1413.

688 S.E.2d 700 (2009)

LIBERTARIAN PARTY OF NORTH CAROLINA, Sean Haugh, as Executive Director of the party; Pamela Guignard and Rusty Sheridan, as Libertarian candidates for Mayor of Charlotte, North Carolina; Justin Cardone and David Gable, as Libertarian candidates for Charlotte City Council; Richard Norman and Thomas Leinbach, as Libertarian candidates for Winston-Salem City Council; and Jennifer Schulz as a registered voter, Plaintiffs, and The North Carolina Green Party; Elena Everett, as Chair and Kai Schwandes, as Co-Chair of the party; Nicholas Triplett, as a prospective North Carolina Green Party candidate for public office; Hart Matthews and Gerald Surh, as members of the party and qualified voters, Intervenors, v. STATE of North Carolina; Roy Cooper, Attorney General of North Carolina; State Board of Elections; and Gary O. Bartlett, as Executive Director of the State Board, Defendants.

Court of Appeals of North Carolina.

October 20, 2009.

Attorney(s) appearing for the Case

Tharrington Smith, L.L.P., by Kenneth A. Soo and Adam S. Mitchell, Raleigh, for plaintiffs-appellants.

Elliot Pishko Morgan, P.A., by Robert M. Elliot, Winston-Salem, Cooperating Attorney for the American Civil Liberties Union of North Carolina Legal Foundation, and American Civil Liberties Union of North Carolina Legal Foundation, by Katherine Lewis Parker, Raleigh, for intervenors-appellants.

Roy Cooper, Attorney General, by Alexander McC. Peters, Susan K. Nichols, Karen E. Long, Special Deputy Attorneys General, for defendants-appellees.

MARTIN, Chief Judge.

Plaintiffs ("plaintiffs-Libertarians") and intervenors ("intervenors-Greens") appeal from the trial court's determination that N.C.G.S. §§ 163-96(a)(1)-(2) and 163-97.1 do not violate Article I, Sections 1, 10, 12, 14, and 19, or Article VI, Sections 1 and 6, of the North Carolina Constitution. For the reasons stated, we affirm.

The parties stipulate to the following facts:

1. Historically, states, including North Carolina...

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