Cornel West supporters sue NC elections board to get on 2024 presidential ballot

Supporters of Cornel West’s third-party presidential campaign sued the North Carolina State Board of Elections on Monday after it denied ballot access to West’s new party.

In a party-line vote earlier this month, the board’s Democratic majority denied certification to the “Justice for All” party, which plans to run West, a left-wing academic, for president.

The lawsuit, filed in federal court, accuses the board of violating the party members’ “core First Amendment rights as voters and citizens who wish to grow and develop a new political party in North Carolina.”

They also accuse the board of violating their due process rights by failing to provide them with specific evidence to discredit the signatures they provided in their petition campaign for ballot access.

The lawyer bringing the suit, Phillip Strach, frequently represents Republican legislative leaders in court and has recently defended them in gerrymandering lawsuits and challenges to stricter election laws.

His law firm, Nelson Mullins Riley and Scarborough, has been paid tens of thousands of dollars for legal services by the Republican National Committee, North Carolina Republican Party and National Republican Congressional Committee in the last several years.

The lawsuit asks the court to enter an order as soon as possible directing the board to certify the party and place its candidates on the 2024 ballot.

Ballots are generally printed in August, and absentee ballots go out to voters on Sept. 6.

Board members cited issues with signatures, petition-gatherers

The board’s Democratic majority voted against certifying West’s “Justice for All” party earlier this month after raising concerns about misleading petition gatherers and signers who asked for their signatures to be removed. The board also said an investigation into potentially fraudulent signatures is ongoing.

The board’s Republicans disagreed with that decision — with member Stacy “Four” Eggers noting that the party had passed the threshold of signatures required to form a new party.

In that same meeting, board members voted 4-1 in favor of certifying Robert F. Kennedy Jr.’s new party, “We the People,” after having initially voted against certification in June.

Republicans and independents criticized the board’s decision

The board has faced a wave of criticism from Republicans and independents since it initially voted to deny ballot access to Kennedy and West in June. State lawmakers, advocacy groups and even congressional leaders accused the board’s Democrats of trying to boost President Joe Biden’s reelection campaign by eliminating third-party challengers.

Now, with Vice President Kamala Harris appearing likely to be the Democratic nominee, the board continues to face scrutiny.

On Wednesday morning, the state House Oversight Committee will question Board Chair Alan Hirsch and Executive Director Karen Brinson Bell about their handling of the parties.

“How do we trust the board and its staff when their actions seem to be designed to limit ballot access for new parties?” Rep. Harry Warren, a Rowan County Republican, said in a statement. “People need to trust the election system. The process to approve new parties this year has done little to foster that trust.”

Under the Dome

Get the latest news about North Carolina politics from The News & Observer's award-winning team. Get the free digest sent to your inbox by signing up here.