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LIBERTARIAN PARTY v. STATE

No. 479A09.

707 S.E.2d 199 (2011)

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, as Attorney General of the State of North Carolina; North Carolina State Board of Elections; and Gary O. Bartlett, as Executive Director of the North Carolina State Board of Elections, Defendants.

Supreme Court of North Carolina.

March 11, 2011.

Attorney(s) appearing for the Case

Tharrington Smith, L.L.P., by Kenneth A. Soo and Adam S. Mitchell , Raleigh, for plaintiff-appellants; and Elliot Pishko Morgan, P.A., by Robert M. Elliot , Winston Salem , and American Civil Liberties Union of North Carolina Legal Foundation, by Katherine Lewis Parker , Raleigh, for intervenor-appellants.

Roy Cooper , Attorney General, by Alexander McC. Peters , Special Deputy Attorney General, for defendant-appellees.

Allison J. Riggs , Durham, for Southern Coalition for Social Justice, Democracy North Carolina, FairVote Action, League of Women Voters-North Carolina, Common Cause North Carolina, North Carolinians for Free and Proper Elections, and the John Locke Foundation, amici curiae.

Jason B. Kay and Robert F. Orr , Raleigh, for North Carolina Institute for Constitutional Law, amicus curiae.

TIMMONS-GOODSON, Justice.

This is a case of first impression that requires us to decide whether the ballot access requirements of N.C.G.S. § 163-96(a)(2) violate Article I, Section 12, 14, or 19 of the Constitution of North Carolina. We hold that N.C.G.S. § 163-96(a)(2) is constitutional with respect to Article I, Sections 12, 14, and 19 and adopt the United States Supreme Court's analysis for determining the...

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