Lux v. Judd A former independent candidate for Congress wins remand of his challenge to a Virginia statutory requirement that petition signatures in support of his candidacy be witnessed by a resident of the Congressional district; the 4th Circuit says the limited rationale underlying the case relied on by the lower court has been superseded by later Supreme Court cases.
S.C. Green Party v. S.C. State Election Comm’n. (Lawyers Weekly No. 10-01-0701, 14 pp.) (Keenan, J.) No. 09-1915, July 20, 2010; USDC at Columbia, S.C. (Currie, J.) 4th Cir.
Holding: Although South Carolina’s “sore loser” statute operated to deprive the Green Party of its preferred candidate on the general ballot, after this same candidate lost the [...]
Libertarian Party v. State. (Lawyers Weekly No. 09-07-0951, 31 pp.) (John C. Martin, J.) Appealed from Wake County Superior Court. (Robert H. Hobgood, J.) N.C. App.
Holding: North Carolina’s 2 percent signature requirement for a party to be recognized in an election/on a ballot is does not violate the North Carolina Constitution.
Facts
The plaintiff Libertarians and the [...]
Blankenship v. Bartlett. (Lawyers Weekly No. 09-06-0795, 27 pp.) (Edward Thomas Brady, J.) (Patricia Timmons-Goodson, J., joined by Sarah Parker, Ch.J. & Robin E. Hudson, J., dissenting) From the Court of Appeals. N.C. S. Ct.
Holding: The state must be given a chance to show significant interests that justify the legislature’s subdivision within Judicial District 10 [...]
Calabria v. North Carolina State Board of Elections. (Lawyers Weekly No. 09-07-0710, 16 pp.) (John C. Martin, Ch.J.) Appealed from Wake County Superior Court. (James C. Spencer Jr., J.) N.C. App.
Holding: Where the election for a seat on the N.C. Supreme Court has already been certified and plaintiff’s opponent has been seated as a justice, [...]
Koerber v. Federal Election Commission. (Lawyers Weekly No. 08-02-1255, 18 pp.) (Malcolm J. Howard, Sr.J.) E.D.N.C.
Holding: The Bipartisan Campaign Reform Act ’s disclosure requirements are strongly related to the government’s interest in avoiding corruption and the appearance of corruption in elections.
The court denies plaintiffs’ motion for a preliminary injunction barring the FEC from enforcing the [...]
In re Election Protest of Atchison. (Lawyers Weekly No. 08-07-1085, 8 pp.) (Wanda G. Bryant, J.) Appealed from Wake County Superior Court. (Robert H. Hobgood, J.) N.C. App.
Holding: Since there were 20 voting irregularities, and since only 11 votes separated the top two candidates in the election for two seats on the Clayton Town Council, [...]
