N.C. Democratic Party v. Berger

306 F. Supp. 3d 803
CourtDistrict Court, M.D. North Carolina
DecidedJanuary 31, 2018
Docket1:17–CV–1113
StatusPublished

This text of 306 F. Supp. 3d 803 (N.C. Democratic Party v. Berger) is published on Counsel Stack Legal Research, covering District Court, M.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
N.C. Democratic Party v. Berger, 306 F. Supp. 3d 803 (M.D.N.C. 2018).

Opinion

Catherine C. Eagles, United States District Judge

Last fall the North Carolina General Assembly abolished primaries for partisan judicial elections in 2018. No other mechanism was provided to reduce the number of candidates on the general election ballot. Candidates self-designate party affiliation and may change party affiliation as late as the day of filing. This change burdens the associational rights of the plaintiff political parties by impeding their ability to focus support on one candidate and to advance their political and electoral goals in the general election. The defendants have offered a legitimate governmental interest in this change as to elections of superior and district court judges, as the legislature plans to redistrict these seats this year and primaries using current district lines may be unnecessary and will cause confusion if and when the redistricting is complete. The defendants have made no showing of any governmental interest supporting the abolishment of a mechanism to narrow the field in partisan appellate judicial races, as those judges are elected statewide and are not subject to redistricting.

The plaintiff political parties are not likely to succeed on the merits of their claim that this statute unconstitutionally infringes their First Amendment rights of association to the extent their claim concerns partisan superior and district court judicial races. The plaintiff political parties are likely to succeed on the merits of their claim that this statute infringes their First Amendment rights of association as to partisan appellate judicial races and have otherwise met the requirements for a preliminary injunction. The motion for a preliminary injunction will be granted in part.

I. Background and Facts

The North Carolina Constitution requires that the people elect the judges and justices of the district courts, superior courts, and appellate courts. N.C. Const. art. IV, §§ 9, 10, 16. Justices of the supreme court and judges of the court of appeals are elected statewide, N.C. Const. art. IV, § 16, while superior and district court judges are elected within local court districts. N.C. Const. art. IV, §§ 9, 10.

For many years, North Carolina citizens exercised this right through partisan elections with primaries or direct party nomination. See Brian P. Troutman, Party Over? The Politics of North Carolina's "Nonpartisan" Judicial Elections , 86 N.C. L. Rev. 1762, 1767-68 and n. 28 (2008) (noting that North Carolina has elected judges through partisan elections for more than 100 years).1 Beginning in 1996 and *808over the next few years, the relevant statutes were amended so that all judges were elected in nonpartisan elections and party affiliation was not listed on the ballot. See generally Troutman, at 1768-75.2 These nonpartisan elections included a "top-two" system for primaries, whereby the two candidates with the most votes in the primary advanced to the general election. See, e.g., S.L. 2002-158, § 7.

Until recently, North Carolina law allowed for judicial elections without primaries only when a judicial vacancy at the superior court or appellate court level occurred after the primary but more than 60 days before the general election. N.C. Gen. Stat. § 163-329.3 In that situation, N.C. Gen. Stat. § 163-329 provided for the judge to be elected during the general election, with the winner determined on a plurality basis pursuant to N.C. Gen. Stat. § 163-292. Id. Using this procedure, vacancies on the appellate courts were filled without primaries in 2004 and 2014. Doc. 14-7 at ¶ 16-17. In 2004, eight candidates competed for a single Supreme Court seat. Id. at ¶ 17. The winner received only 23 percent of the vote. Id. This situation recurred in 2014, when 19 candidates were on the ballot for a single Court of Appeals seat, and the winning candidate again received approximately 23 percent of the vote. Id.

In 2016 and 2017 the General Assembly made numerous changes to the state election laws, including enacting laws restoring the partisan method of judicial elections for the district courts, superior courts, and appellate courts. See S.L. 2016-125, §§ 21(a), 21(h) (restoring partisan elections for the court of appeals and the supreme court, and effective January 1, 2018); S.L. 2017-3, §§ 5, 14 (restoring partisan elections for superior and district courts, also effective January 1, 2018). Both S.L. 2016-125 and S.L. 2017-3 provided for semi-closed primary elections4 for major political parties to determine their nominees. See S.L. 2016-125, § 21(a); S.L. 2017-3, § 5; see also § 163A-989). This is consistent with North Carolina's general approach to primary elections for non-judicial partisan races. See N.C. Gen. Stat. § 163A-989 (allowing, but not requiring, political parties to hold semi-closed primaries). At the same times, the legislature repealed the provision authorizing elections without primaries when vacancies occur. See S.L. 2016-125, 4th Extra Session, § 21(e) (appellate judges); S.L. 2017-3, § 13 (superior court judges).

*809In October 2017, the General Assembly made additional changes to election procedures, including the provisions related to judicial elections challenged here. See S.B. 656, ratified as S.L. 2017-214. Most of the provisions of S.L. 214 were directed at expanding ballot access and were not limited to judicial elections. For example, it reduced the number of signatures required to recognize groups as political parties and for unaffiliated candidates to be listed on the ballot. S.L. 214, §§ 1, 2(a). This law became effective on January 1, 2018. S.L. 214, § 5.

S.L. 214 also made a number of changes specific to judicial elections in 2018. As a result, in 2018 judges will be elected through a process substantially different from both historical practice and from the election process for other, non-judicial partisan races.

First, and specifically at issue in this case, S.L. 214 eliminated party primaries for judicial candidates seeking election to the district courts, superior courts, and the appellate courts for the 2018 elections only. See S.L. 214 § 4(a).

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306 F. Supp. 3d 803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nc-democratic-party-v-berger-ncmd-2018.