Campaign Watch: Ballot Chaos
Four proposed constitutional amendments may or may not find a place on this fall’s ballots. Ditto for North Carolina’s congressional seats.
Meanwhile, the clock running on time to print absentee ballots has gone into overtime. Early voting is scheduled to begin on October 17, just 43 days away. By federal law, absentee ballots must be ready 45 days before Election Day (November 6). That means September 22 this year. The 45-day minimum is intended to ensure that members of the military and other Americans living abroad have time to participate via absentee ballot.
In the case of the constitutional amendments, Gov. Roy Cooper is challenging the ballot descriptions of two as “profoundly misleading” and, therefore, a violation of the required process for constitutional amendments. (The argument goes that without a fair and accurate description of the amendment up for a vote, the public can’t be considered to have approved it.) The proposed amendments being challenged are the ones that would transfer from the governor to the legislature the authority to appoint replacement judges and the members of the state elections board.
The special three-judge panel appointed to hear the constitutional challenge to the ballot descriptions had ruled against the legislature’s first ballot description. After the legislature rewrote the proposed amendments and their descriptions, the court panel said that it could not make the same finding. However, Cooper has appealed that decision to the state Supreme Court, which said it will allow 48 hours for lawyers in the case to file their arguments, and will then issue a ruling without hearing oral arguments. Their decision could come at any time today (Tuesday, September 4).
Several citizen groups represented by the Southern Environmental Law Center (SELC) also are continuing their legal challenge to four proposed amendments, including the two challenged by Cooper.
In the other case still pending, a federal appellate court panel ruled last week that the state’s congressional district map is still an unconstitutional partisan gerrymander, and must be redrawn. The court said that it was considering ordering a delay in the congressional elections to deal with the redrawing and hold new candidate filing and primaries. That court has ordered the printing of ballots put on hold while it considers the briefs of parties to the case. A decision is expected this week.
