The Fourth Circuit will hear oral argument in Greene v Bartlett, 10-2068, on September 22. This is the case that challenges the number of signatures required to get an independent candidate on the ballot for U.S. House, which is 4% of the number of registered voters as of early in the election year. The requirement is so stringent, it has never been used by a candidate for U.S. House. North Carolina has had government-printed ballots since 1901 and never has any independent candidate for U.S. House appeared on a government-printed ballot.

The U.S. District Court had upheld the requirement, mentioning that in 2010, it appears that an independent candidate for U.S. House did collect enough signatures to be on the ballot, but then the candidate (who had not initiated the petition drive) refused to run. The SEIU had sponsored that petition drive. No evidence about that petition drive was ever presented as evidence in the case. It is possible the drive cost as much as $100,000.