No. 20-897

Kyle Kopitke v. Karen Brinson Bell, Executive Director, North Carolina State Board of Elections

Lower Court: Fourth Circuit
Docketed: 2021-01-08
Status: Denied
Type: Paid
Amici (1)Response Waived
Tags: anderson-v-celebrezze ballot-access candidate-signatures constitutional-rights election-law fourth-circuit independent-candidates march-filing-deadline north-carolina petition-requirements
Key Terms:
JusticiabilityDoctri
Latest Conference: 2021-02-19
Question Presented (AI Summary)

Whether the Fourth Circuit decision requiring all independent candidates to file their ballot access qualifying petitions by the date of North Carolina's March primary election impermissibly conflicts with this Court's decision in Anderson v. Celebrezze

Question Presented (OCR Extract)

QUESTIONS PRESENTED L Whether the Fourth Circuit decision requiring all independent candidates to file their ballot access qualifying petitions by the date of North Carolina's March primary election impermissibly conflicts with this Court's decision in Anderson v. Celebrezze, 460 U.S. 780 (1983) in which the Court held that a March filing date for presidential candidates was unconstitutional. I. Whether the Fourth Circuit erred in applying a litmus test in determining the constitutionality of the number of ballot access petition signatures required of a presidential candidate or other statewide candidate while failing to follow the Sixth and Eleventh circuits in evaluating the burden established by the statute by reference to the historical record of success in satisfying the statute's signature requirements. i PARTIES AND

Docket Entries

2021-02-22
Petition DENIED.
2021-02-08
Brief amici curiae of Jessica Belcher, et al. filed. (Distributed)
2021-02-03
DISTRIBUTED for Conference of 2/19/2021.
2021-02-01
Waiver of right of respondent Karen Brinson Bell to respond filed.
2020-12-29
Petition for a writ of certiorari filed. (Response due February 8, 2021)

Attorneys

Jessica Belcher, Robert Belcher, Elizabeth Christman, Norris Clark, Philip Fuehrer, Pat Cummings Komorous, Thomas McLaughlin, Russell Verney, J. David Gillespie, Darcy Richardson, and Richard Winger
James Carter LingerLaw Offices of James C. Linger, Amicus
James Carter LingerLaw Offices of James C. Linger, Amicus
Karen Brinson Bell
Nicholas Scott BrodNorth Carolina Department of Justice, Respondent
Nicholas Scott BrodNorth Carolina Department of Justice, Respondent
Kyle Kopitke
Alan Porter WoodruffLaw office of Alan P. Woodruff, Petitioner
Alan Porter WoodruffLaw office of Alan P. Woodruff, Petitioner