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