On October 20, the North Carolina State Court of Appeals ruled 2-1 that the petition requirement for candidates to get on the ballot, 2% of the last gubernatorial vote, does not violate the State Constitution.

This ruling on a lawsuit brought by the Libertarian Party of North Carolina and the North Carolina Green Party means that although the petition requirement was upheld, the case will most likely go to the NC Supreme Court for a final ruling.

The Free & Equal Elections Foundation‘s executive director Sean Haugh is a plaintiff in the lawsuit, originally brought when he was the Executive Director of the NC Libertarian Party. Here’s just some of what Sean had to say about the lawsuit and decision:

“The basic theory behind the lawsuit is that there are two sets of election law in NC, one with special benefits for Democrats and Republicans and one with special burdens for everyone else. That is untenable both in light of NC’s equal protection clause, which is stronger than in the US Constitution, as well as the provision that all elections shall be free.”

“While ballot access is the focus, we also included every other unequal aspect of NC election law, including how state and county boards of elections are appointed, who can serve as a precinct official, access to public funding for political parties, and access to public meeting space.”

Because of the split decision in the Court of Appeals, the North Carolina State Supreme Court will be required to hear the case. Sean likes the lawsuit’s chances:

“I take a lot of pride in the first individual plaintiff named in the lawsuit and will take a lot of personal satisfaction when we win.  I am very hopeful of a positive result at the State Supreme Court.”

These kinds of lawsuits are just one way that The Free & Equal Elections Foundation fights to take back our electoral process from the Two-Party Duopoly.

Click Here for more information on the ruling from Richard Winger’s Ballot Access News.