A U.S. District Court in the western district of North Carolina will hear Brody v North Carolina State Board of Elections, 3:10-cv-383, on April 28. This is the case in which the plaintiff-candidate, Mark Brody, argues that he should have been permitted to appear on the 2010 ballot as an independent candidate for state house, with no petition. He had successfully petitioned in 2008 as an independent candidate for the same seat, and had polled 30.6% of the vote.
The state told him he needed 2,367 valid signatures to appear on the 2010 ballot. He argues that this is illogical, because in 2008 in the same district and with the same label, he had received 9,182 votes. He maintains that the petition as applied to him is redundant because he has already showed that he has the needed voter support to run again. The state will argue that the case is moot and that it should be dismissed.
The other North Carolina ballot access case that concerns independent candidates, Greene v North Carolina Board of Elections, is pending in the 4th circuit. No hearing date has been set. The Greene case argues that the 4% (of the number of registered voters) petition requirement is unconstitutional because it has never been used by a candidate for U.S. House.