Court hearing on Justice for All’s emergency injunction scheduled next week

Image of Cornel West is Creative Commons by Gage Skidmore.

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  • A federal judge has scheduled a July 30 hearing in Elizabeth City to address the Justice for All Party's emergency request for an injunction. The party seeks a court order that would secure ballot access for JFA on North Carolina's ballot in November.
  • The State Board of Elections voted, 3-2, this month to reject Justice for All as a political party. The board took the vote on the same day it approved We the People as a new political party in North Carolina. JFA is linked to left-of-center activist and academic Cornel West. We the People is tied to Robert F. Kennedy Jr.
  • Justice for All is asking a federal judge to issue a ruling on its emergency request by Aug. 19.

The Justice for All Party will head to a federal courtroom next week in its effort to win access to North Carolina’s election ballot this fall. A judge has scheduled a July 30 hearing in Elizabeth City on the party’s request for an emergency injunction.

“Given the exigent nature of the issues presented and the seriousness of the constitutional harms alleged,” US District Judge Terrence Boyle scheduled the hearing in an order filed Wednesday.

Three voters tied to JFA filed suit Monday against the State Board of Elections. The board voted 3-2 this month to reject JFA’s bid to win recognition as a state political party. The group is tied to left-of-center academic and activist Cornel West.

Along with the lawsuit, the party is seeking an injunction against the elections board. It asks the court to force the elections board to certify JFA as a political party. JFA also seeks a waiver of July 1 deadlines tied to new political parties. The party is also asking the court to order elections officials “to take the action necessary to include JFA’s nominated candidate on North Carolina’s November 2024 general election ballot.”

The party is seeking a decision by Aug. 19 to comply with ballot deadlines for the November election.

Monday’s lawsuit targets the North Carolina State Board of Elections and director Karen Brinson Bell.

“The Justice for All Party of North Carolina (‘JFA’) timely complied with all requirements under state law to qualify as a new political party and place its candidates on North Carolina’s November 5, 2024 general election ballot,” according to the complaint filed in US District Court in the Eastern District. “Nevertheless, by a divided 3-2 vote, Defendant North Carolina State Board of Elections (‘NCSBE’) declined to certify JFA as a new political party.”

“NCSBE cited no legal authority for its action,” the complaint alleges. “NCSBE claimed to be investigating allegations of ‘fraud’ with respect to JFA’s petitions, but NCSBE conceded that JFA submitted more than enough valid signatures than required under state law.”

The 3-2 vote split the elections board along party lines. The board’s three Democrats rejected JFA as a political party with ballot access in November. The two Republicans supported JFA’s request for ballot access.

JFA has selected West as its candidate for president.

The board rejected Justice for All’s bid during the same July 16 meeting when it voted, 4-1, to approve ballot access for the We the People Party linked to Robert F. Kennedy Jr. The state elections board also rejected JFA’s ballot access requests on June 28 and July 9.

Plaintiffs Johnny Thomas Ortiz II, Jimmie Gregory Rogers Jr., and Weldon Murphy are Fayetteville residents. They are “voters and petition signers who supported JFA’s effort to become a ballot-qualified party in 2024,” the complaint explained. “Plaintiffs want to vote for JFA’s nominee in the November 2024 general election. The NCSBE’s failure to certify JFA as a new party makes it impossible for them to do so.”

“Plaintiffs therefore bring this action against the NCSBE for the violation of their rights to cast their votes effectively, to speak and associate for political purposes, to grow and develop their political party, to petition, and of their right to due process, as guaranteed by the First and Fourteenth Amendments,” JFA’s lawyers wrote. “Plaintiffs respectfully request that the Court declare the NCSBE’s failure to certify JFA as a political party unconstitutional and enter an order directing the NCSBE to certify JFA and place its nominee on North Carolina’s 2024 general election ballot.”

The lawsuit explained the process the party used to secure ballot access. “Under N.C. GEN. STAT. § 163-96(a)(2), JFA was required to submit petitions with 13,865 valid signatures. According to NCSBE, JFA timely submitted petitions containing a total of 30,719 signatures to county boards of elections, and the county boards of elections found that 17,362 of those signatures were checked and determined to be valid.”

JFA’s complaint highlighted efforts from the Democratic Party and Clear Choice Action, a group affiliated with Democratic operative Marc Elias, to keep the new party off the ballot.

“Clear Choice Action was created by Democrats to limit the voices of North Carolina voters in order to protect and advance their own political agenda,” the complaint alleged, quoting a March 2024 Washington Post article: “Allies of President Biden have formed a super PAC called Clear Choice, aimed at stopping any third-party or independent candidates from gaining traction before the November Election.”

“A review of the documents posted on the NCSBE’s website regarding this matter indicates that the basis of the NCSBE’s request for information from JFA on June 21, 2024 was based upon the allegations contained in the correspondences submitted by Democratic operatives,” JFA’s lawyers wrote.

“During the course of JFA’s petition drives, tens of thousands of voters signed JFA’s petitions, and JFA petition circulators spoke with tens of thousands more North Carolinians in addition to the petition signers. On information and belief, not one of those citizens filed a complaint with NCSBE or any county board of elections regarding JFA’s petitioning efforts. On information and belief, only Clear Choice Action, represented by Elias Law Group, has filed such a complaint,” the lawsuit continued.

JFA urges the federal court to declare that the state elections board’s decision to reject the party’s ballot access “is an unreasonable interpretation that is not justified by any legitimate or compelling state interest that severely burdens Plaintiffs’ rights in violation the First and Fourteenth Amendments to the United States Constitution.”

The party seeks a court order by Aug. 19 that “directs NCSBE to certify JFA as a new party entitled to place its candidates on North Carolina’s November 5, 2024 general election ballot.” The order would set aside a July 1 state deadline for certification of new political parties.

Justice for All’s legal team features lawyers who have represented Republican legislative leaders in election-related legal battles.

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