By Richard Winger
| Ballot Access News
| September 20, 2010 (Original Context
Two lawsuits challenging the constitutionality of North Carolina laws for independent candidates are being appealed. A notice of appeal to the 4th circuit has been filed in Greene v Bartlett. This is the case over the procedures for independent candidates for U.S. House. No independent candidate for that office has ever appeared on a North Carolina goverment-printed ballot, but last month a U.S. District Court upheld the law anyway.
Also, Mark Brody is filing a federal lawsuit in his case. He was an independent candidate in 2008 for the legislature and he successfully completed the petition to appear on the ballot, which required the signatures of 4% of the registered voters in his district. He wanted to run again in 2010. He questions the need to submit another petition in 2010, because in 2008 he polled 30% of the vote in a two-person race. He had lost a case on the same issue in lower state court earlier this year. He argues that he already showed he enjoys a modicum of voter support, as shown by the 2008 election results. He also points out that parties can remain on the ballot if they poll 2% of the vote in the last election.