The North Carolina Supreme Court heard arguments Thursday in a lawsuit challenging the state statute making it nearly impossible for third parties to get on the ballot.

As Carolina Journal reported in February, North Carolina is one of the most difficult states in the nation for third parties to get on an election ballot.

Since 1984, to reach the state ballot, new parties have had to collect signatures totaling 2 percent of the votes cast in the previous gubernatorial election. Currently that translates to 85,000 signatures, a benchmark that’s been met by minor parties only five times.

The Libertarian and Green parties argue that the signature requirement is too burdensome and unconstitutional. They took their grievances to the state’s highest court after the state Court of Appeals issued a split decision in favor of the state in 2009.

The parties argued their constitutional rights to vote for and associate with a political party of their choice were being violated.

The state argued that reducing the number of signatures would lead to ballot clutter and voter confusion.

The Green Party’s lawyer, Robert Elliott, pointed to Virginia and South Carolina, which require 10,000 signatures and Tennessee, which requires only 25. No more than nine parties have appeared on their ballots, he said.

He argued 5,000 signatures would be enough to keep “vanity parties” off the ballot.

Jason Kay, a senior staff attorney with the North Carolina Institute for Constitutional Law, said the justices’ decision hinges on whether the North Carolina Constitution allows the state to place such high burdens on emerging political parties.

The court is expected to issue a resolution in the next few months. If the parties win, the state may be forced to lower the signature requirement significantly.

Sara Burrows is an associate editor of Carolina Journal.