By Sean Haugh

In early May, the LPNC won an important victory in its lawsuit against our state’s extreme ballot access barriers. Judge Orlando Hudson signed an order denying the state’s motion to dismiss our lawsuit. This is excellent news!

Now we move on to the real heart of our case. All of the preliminary motions are out of the way and we can have our case heard in NC Superior Court.

This means the state will have to explain to the judge precisely why they have set the ballot access barriers so high in North Carolina. It also means we get the opportunity to present all of our evidence in court and put the arguments of both sides into the official judicial record.

Our attorney, Michael Crowell, has briefed us on the next step. We will need to discuss with the NC Attorney General’s office how much is needed in the way of discovery and set a schedule of future hearings. Our goal is to get a Superior Court ruling in time for the elections coming up this November. Fortunately, the goodwill we have developed over the years with the State Board of Elections and the Attorney General's office is now paying off, and they are fairly cooperative in setting these schedules to meet our needs.

Although this victory is procedural, its importance cannot be underestimated. According to Richard Winger of Ballot Access News, no one has won a ruling below the state Supreme Court level in any similar ballot access lawsuit since 1982. This victory means we get to argue our case on our terms and gives us the momentum going to the next level.

Our lawsuit is unlike any similar suit that has been brought before. Our challenge to the state is not just that their ballot access restrictions are unfair. We are alleging that these restrictions are part of an entire scheme of election law which favors Democrats and Republicans over anyone who does not want to be part of those two parties. Many have fought against ballot access laws before and lost, but we are the first to try to show that these oppressive laws are part of a broader scheme to prevent the equal participation of all voters in our elections.

You can help make victory happen at the next level too. Send a contribution to LPNC Lawsuit, P O Box 28141, Raleigh, 27611-8141. You can also make a contribution online.