Lawsuit trial update

(05/09/2008) The three-day trial of the LPNC's challenge to the state's election laws concluded Wednesday with oral arguments. The decision is now in the hands of Superior Court Judge Robert Hobgood. It could come as early as next week. The judge asked both sides to submit a draft of the order. That's the document the judge will issue as his ruling. He said he would write his own, but wanted to be sure he included all points.

The defense (the State) offered no evidence and presented no witnesses, other than written statements. The state rests its defense of the existing ballot access laws almost solely on two points, 1) the laws had already been upheld in federal court in 1994 and; 2) since North Carolina elects ten statewide state offices in presidential election years, if there are several minor parties on the ballot and they run candidates for all these statewide state offices, it would result in ballot.clutter. The state also pointed out that since some counties use optical-scan ballots, having too many offices and too many candidates in the general election would require more than a single ballot card for each voter.

The plaintiffs, the LPNC and the NC Greens, called two political scientists as witnesses: Dr. Michael Munger and Dr. Steven Greene. We also presented Libertarian Party leaders, Barbara Howe and Sean Haugh; Green Party leaders, Elena Everett, Hart Matthews, and W. Gray Newman; and ballot expert Richard Winger.

Regardless of the outcome of the trial, the LPNC has sufficient signatures to regain ballot access. These will be delivered to the State Board of Elections on Thursday, May 15 at 10 a.m.

LIBERTARIANS NOMINATE DUKE PROFESSOR FOR GOVERNOR

RALEIGH (April 13) -- Dr. Michael Munger was nominated as the Libertarian candidate for North Carolina Governor today at the party's state convention in Burlington. Dr. Munger is a professor and chair of the Duke University political science, economics, and public policy departments.

"We have planted the tree of liberty, now it's time to pick the fruit," Dr. Munger told the convention after the unanimous vote.

His campaign themes will be controlling municipal aggression against property, establishing a broad-based education vouchers system, ending corporate welfare, and imposing a moratorium on capital punishment.

"We're not the third party in North Carolina," Dr. Munger declared. "In many legislative districts we are the second party, since nearly half of the General Assembly seats are unopposed races."

The Libertarian Party is on the verge of collecting the nearly 70,000 signatures required by law in order to be recognized as a political party by the State Board of Elections.

Libertarians also nominated candidates for state and local officers. Mark McMains of Fuguay-Varina was nominated for Insurance Commissioner. Thomas Hill of Concord was nominated for U.S. Congress District 8.

Libertarian candidates for the General Assembly are: Sean Haugh, House 30; Lawrence Hollar, House 96; Susan Hogarth, House 38; Barbara Howe, House 32; Brian Irving, Senate 17; Richard Evey, Senate 44, and; Stephanie Watson, Senate 16.

Paul Elledge is the candidate for Guilford County Commissioner at-large.

Dr. Mary Ruwart of Texas, a candidate for the Libertarian presidential nomination, was the overwhelming choice of delegates in a non-binding straw poll. Several other presidential candidates attended the convention, including former Alaska Sen. Mike Gravel and former Georgia Rep. Bob Barr.

Libertarians amended their platform, adding a plank calling on the state to "refuse to implement any national identification program," like the Real ID. Additional new planks include a call for the the repeal of all local sign ordinances as an infringement on free speech, a repeal of state regulations that prohibit the reuse of privately owned water on private property, and a call to stop fluoridation of public water supplies.

The convention filled several vacancies on the state executive committee, chose delegates to the Libertarian National Convention in Denver, May 23 to 25, and selected Presidential Electors.

• News Release
• Libertarian Party of North Carolina
• PO Box 28141 Raleigh NC 27611
• Contact: Brian Irving
• Cell: 910.987.5844

NC Ballot Cluttered Again — With Unopposed Incumbents

RALEIGH (March 3) -- The filing period for the November election is now closed and North Carolina's ballot is once again cluttered -- cluttered with candidates running unopposed for General Assembly.

Nearly 40 percent of the candidates running for the state legislature will get a "free" ride into office, paid for by North Carolina taxpayers, even those who were denied a chance to run for office in the party of the choice.

"These races are not just unopposed, they are 'unoppose-able,' " said Barbara Howe, state chair of the Libertarian Party. "The Democrats and Republicans have gerrymandered the districts and restricted ballot access to anyone but themselves to guarantee they maintain control of state government."

There are 52 unopposed candidates in the 120 member House and 13 unopposed in the 50 member Senate. All but one are incumbents and only one has a primary challenge.

One of the unopposed candidates is Rep. Thomas Wright (Dem-18th District), who is pending trial for fraud and may be expelled from the House for ethics violations.

"Of course, the Democrats and Republican will claim this is better than previous General Assembly elections, because in 2002 and 2004 close to half the seats were unopposed," said Howe. "But it still is a symptom that North Carolina does not suffer from 'ballot clutter' but 'ballot deficit disorder.'"

In previous attempts to reform the state's ballot access laws, arguably the most restrictive in the nation, some legislators argued that multiple candidates would "clutter the ballot" and confuse voters. Howe scoffs at this argument.

"We have a deficit in the number of candidates allowed to run and a deficit in the quality of candidates put forth by the so-called two major parties," she added.

The two so-called major parties are actually a political duopoly whose sole purpose is to maintain its grip on power, Libertarians assert. "They collaborate in gerrymandering the districts to create 'safe' seats for their anointed candidates, and divide the spoils," Howe said. There are 30 Democrats and 13 Republicans running unchallenged.

North Carolina Libertarians are very close to being able to challenge the two-party duopoly, Howe said. They are near completion of their ballot access drive, which requires them to collect about 70,000 verified signatures to be certified as a political party. They are about 3,000 signatures short of meeting that goal. The deadline for the petitions is June 1.

"We hope to give the voters of North Carolina a real choice in these unopposed races," Howe said. The Libertarians will nominate candidates for the General Assembly and state offices at the convention April 11-13 in Burlington.

In 2002, the party had candidates running for a majority of the seats in the legislature. "If it weren't for Libertarians running, that election would also have had a majority of the seats unopposed," Howe noted.

North Carolina has arguably the most restrictive ballot access requirements in the nation. It requires a new party to collect signatures from two percent of the number of people who voted in the most recent gubernatorial election to be recognized under state law.

This equates to about 70,000 signatures, five times more than the median requirement of any other state with similar rules. Then, the new party must achieve two percent of the vote in order to maintain state recognition.

The Libertarians are challenging North Carolina's election laws in court. They filed suit in September 2005 and were later joined by the Green Party. Several individual Libertarian and Green party members are also listed as plaintiffs.

The suit asks the court to declare invalid all North Carolina's statues regulating political parties. This includes the number of signatures required to get on the ballot and the number of votes need to retain ballot status.

A superior court judge recently denied motions for a summary judgment in the case. It will probably go to a trial court "we hope very soon" said Howe.

The LPNC has their ballot access petition on line at www.lpnc.org. You can download and print the petition, then sign and mail it to LPNC, PO Box 28141, Raleigh, NC 27611.

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• News Release
• Libertarian Party of North Carolina
• PO Box 28141 Raleigh NC 27611
• Contact: Brian Irving
• Cell: 910.987.5277

NO SUMMARY JUDGMENT IN LPNC LAWSUIT

RALEIGH (January 30) -- A superior court judge denied motions for summary judgment today in the Libertarian Party of North Carolina's lawsuit challenging the constitutionality of the state's election statutes.

Judge Leon Stanback Jr. said that, although he personally believed North Carolina's signature requirements for ballot access are too high, both sides in the case clearly do not agree on all the facts presented to him. Therefore, he said the case should be properly decided by a trial court.

"We're surprised, and pleased, by this ruling," said Sean Haugh, former LPNC executive director and a plaintiff in the suit. "Neither side expected this result." The trial will probably be held in March.

The LPNC initiated the suit in September 2005 and was later joined by the Green Party. Several individual Libertarian and Green party members are also listed as plaintiffs. The suit asks the court to declare invalid all North Carolina's statutes regulating political parties. This includes the number of signatures required to get on the ballot and the number of votes needed to retain ballot status.

Libertarians contend that North Carolina has the most restrictive ballot access rules in the nation.

State law requires a new party to collect signatures from two percent of the number of people who voted in the previous presidential or gubernatorial election in order to be recognized under state law. This equates to about 70,000 signatures, five times more than the median requirement of any other state with similar rules.

Then, the new party must achieve two percent of the vote for governor of president in order to maintain state recognition.

Meanwhile, the LPNC continue the ballot access drive. Currently, we have collected about 97,000 raw signatures and have about 58,000 signatures verified. Our goal is still 100,000 in order to reach the "magic number" of need 69,733 valid signatures.

October/December Tarheel Libertarian now online

Contents:

• A New Year is Just Around the Corner
• '08 State Convention set for Burlington
• Yet another unnecessary, waste ful annexation study
• Haugh named LP Political Director
• Begin campaign early, don't compromise message

Yet Another (Unnecessary, Wasteful) Annexation Study

The NC House of Representatives has formed yet another committee to study the state's annexation laws. House Speaker Joe Hackney announced the committee members Nov. 16.

"It's encouraging to those who support property rights that some of the members have sponsored annexation reform bills," notes Barbara Howe, LPNC chair. "But it's still discouraging that the House chose to study the issue yet again, rather than take action," she added.

Hackney appointed two citizens to the committee. One is Doug Aitken of the Moore County StTOP group in Pinewild. He's also president of the statewide Fair Annexation Coalition, which has lobbied hard since its inception in early 2007 for an annexation study.

The other is Professor Judith Wegner, a former dean of UNC's School of Law. Prof. Wegner was named in the "friend of the court brief" filed on behalf of New London in the Supreme Court case Kelo vs. New London.

It still remains to be seen whether this committee will break with precedent and offer some real reform, rather than just tweaking North Carolina's abusive annexation laws, Howe said.

"Legislators already have all the facts," Howe said. "They don't need to study why we should stop forcing people to become part of municipalities against their will."

The LPNC is the only party that unequivocally opposes forced annexation. Communities should only be annexed with their consent, given in a referendum, held in the same manner as a regularly scheduled election, so as minimize costs and encourage maximum voter participation.

Moreover, when an area is annexed, it should immediately receive full city services, including sewer and sanitation services. Residents should not be assessed or required to pay property taxes until they receive these full city services.

"We'll be urging the committee to end this egregious violation of rights that has been allowed for 28 years," said Howe. "No more tweaks; no more concessions to municipalities. It's time to restore property rights"

Cathy Heath , president of StopNCAnnexation is skeptical about this study but the makeup of the committee could produce some surprises. "If history is repeated in this current study, the results could be some minor tweaking of the laws for the affected property owners that would not amount to much change," she said.

"In these studies, the cities have ended up with expansions of their annexation power as a result of concessions they lobby for in the committee meetings," she said. "Your tax dollars at work folks." Libertarians say: Amen.

The StopNCAnnexation website has extensive material on past annexations studies and this current study. They are also planning on setting up an online petition form.

There is a list of the legislators on the committee, as well as contact information. Now is the time to start contacting them. The committee will be holding meetings across the state and the more anti-forced annexation people who attend the better. Numbers matter. Sign up for the StopNCAnnexation email list to get updates on this and other annexation news.

New LP Political Director

Sean Haugh, our vice chair, has been named the new Political Director for the national Libertarian Party. He'll be working out of his home in Durham.

Unfortunately, national rules require that he resign as LPNC vice chair. He has done so, and the Executive Committee has accepted his resignation.

"This is a difficult decision for me, because I take very seriously the two year assignment given to me by our convention delegates," Sean said. " However, I cannot deny that keeping both jobs would present a very real and direct conflict of interest, given the LNC's financial support of LPNC ballot access and that my role with the national party will make me an advocate for and administrator of this funding."

Sean said he continue to work as a LPNC volunteer, including working closely on 2008 candidate recruitment and support and helping Bob Ritchie with the ballot access drive. He'll also remain as Durham LP chair.

And he said "I will remain with the lawsuit until the end."

"I really hate to have to do this, but have no choice in the matter if I want to take up this new opportunity," Sean said. "The LPNC will continue to have my full love and support, and I hope to be able to serve this party even better as Political Director."

This means we have a vacancy in the Vice Chair position. We also have an urgent need for a Recording Secretary. And there is an at-large slot on the Executive Committee open. Any LPNC member interested in any of these positions, please contact Barbara Howe at chair@lpnc.org.

July/September Tarheel Libertarian now online

Contents:

• Libertarians run in non-partisan races
• It's Fair season!
• Ballot access: bring it home
• Two views of IRV

• News Release
• Libertarian Party of North Carolina
• PO Box 28141 Raleigh NC 27611
• Contact: Brian Irving
• Cell: 910.987.5844

Small Step Toward Free, Fair and Open Elections

Libertarians Commend Two Towns for Instant Runoff Voting Experiment

Two North Carolina towns will take a step toward restoring free, fair and open elections in North Carolina when they conduct their October 9 municipal elections using the Instant Runoff Voting system.

Libertarians commend town officials in Cary and Hendersonville, and the State Board of Elections, for testing this voting system improvement. We only wish other municipalities were as progressive and hope that next year 10 counties will follow Cary's example.

North Carolina Libertarians have long championed the cause of electoral reform. We believe it should be easy for the people to express their will to government through as many democratic methods as possible, including referendum, recall and write-in votes. Election reform should begin by making it easier to get on the ballot and giving voters more choice at the polls.

Instant runoff voting is one way to improve elections. Voters will be able to rank candidates in order of preference and so won't have to worry about wasting their votes or spoiling the election and helping elect their least favorite candidate. IRV also often leads to higher turnout and stronger democracy.

IRV strengthens majority rule, something not guaranteed under our present system of plurality voting. When several candidates run, fewer votes are needed to win, which often means a minority decides the election. With IRV, however, the candidate elected will truly have a majority of the people's support.

IRV also eliminates the waste of time and money for runoff elections. Cary estimates it will save $62,000 with IRV. Runoffs are supposed to produce a candidate with a higher level of support, but in reality voter turnout actually dwindles, so even fewer people decide who's elected.

Finally, IRV will encourage candidates to avoid negative campaigning. Candidates will need to build a base of first choice support, but also reach out to the broader voting population in order to be acceptable to the majority.

Instant Runoff Voting is a step in the right direction -- but it's only one small step. It only addresses one part of what's wrong with North Carolina's electoral system. No matter what system is used to count votes, voters must be given more choices on the ballot in the first place.

North Carolina has arguably the most restrictive ballot access laws in the nation. Libertarians have fought for years to surmount these barriers while at the same time working to lower them. We've been the only so-called third party in North Carolina to consistently achieve ballot access. But this has come at such a huge cost, in money and volunteer effort, leaving us with little to support candidates.

Nevertheless, we've fielded candidates for governor and lieutenant governor in all but one election since 1976. Since 2000, there have been more than 300 Libertarians on the ballot for every office from president to soil and water district supervisor. In 2002, 145 people ran as Libertarians, including candidates for a majority of seats in each house of the General Assembly. When the Libertarian Party lost our ballot position in August 2006, the consequence was obvious. More than half of all state legislative races had only one candidate on the ballot in November. This may be also be one of the reasons why less than half of eligible adults in North Carolina bothered to vote.

The Democratic-Republican duopoly controlling state government has stymied efforts to enact reforms. Yet one small reform survived in 2005. It lowered the vote percentage a third party must get to retain ballot access from 10 percent to 2 percent of the vote in a gubernatorial or presidential race.

A "new" party - that is any party except the Democrats and Republicans - must still collect more than 70,000 valid signatures on a petition in order to get on the ballot in the first place.

NC's ballot access restrictions simply cannot be squared with the State Constitution, which says that all elections shall be free and that with very few restrictions every voter shall be eligible for election by the people to office.

This is the basis for the lawsuit Libertarians have filed against the state. We're asking the court to strike down all of North Carolina ballot access law and replace it with something that will give the voters truly free, fair and open elections.

The case is scheduled for summary judgment sometime during the week of September 17. Not so ironically, that date is the 220th anniversary of the Constitution of the United States. It could soon also mark an historical milestone on the road to restore free, fair and open elections to the Tarheel State.

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