NC Ballot Access Laws
and Explanations
NC General Statute Chapter 163
North Carolina's Law on Elections and the Ballot
Read Entire NCGS Chapter 163 (LONG)
NCGS Chapter 163 Article 9 deals with Political Parties - View EntireStatute
-NCGS §163-96: NC Definition of a Political Party and Creation of New Parties
According to NCGS §163-96(a)(2) for a new political party to be recognized by the state and qualify for ballot access, that party must gather signatures from registered voters in NC equal to "two percent(2%) of the total number of voters who voted in the most recent general election for Governor." With the results of NC 2004 General Election, this means that a new political party must obtain at least 69,734signatures to gain access to the 2008 General Election ballot. Yet, typically only about 70% of the signatures gathered are valid, so in essense the new political party would have to obtain approximately99,620 signatures to gain access to the ballot. This is unacceptable, and is considered as one of the five toughest ballot access laws in the nation.
Then according to NCGS §163-96(a)(1), after gaining access to the ballot by petition, to retain status as a recognied political party and remain qualified for the ballot, political parties must recieve "at leasttwo percent (2%) of the entire vote cast in the State for Governor or for presidential electors." The actual number of votes in the 2004 General Election required to retain ballot status was 70,020 votes.This is why the Libertarian Party lost access to the ballot after the 2004 General Election, after successfully gaining access through their petition drive, they recieved only 11,731 votes (0.3% of the total vote cast) andtherefore lost the ballot. This is why the Libertarian Party of NC is currently working to finish its petition drive along with working with the Green Party of a lawsuit against the NC State Board of Elections to hopefully fix(or mend) the current unconstitutional ballot access laws.
Click to Read NCGS §163-96
NCGS Chapter 163 Article 11 deals with Nomination by Petition - View EntireStatute
-NCGS §163-122: Unaffiliated Candidates Nominated by Petition
Statewide Office (i.e. President, Gov., Etc.)
According to NCGS §163-122(a)(1) an Unaffiliated candidate for a statewide office such as President, Governor, Senator, Etc., must gather signatures from registered voters in NC equal to "two percent(2%) of the total number of voters who voted in the most recent general election for Governor." With the results of NC 2004 General Election, this means that an unaffiliated candidate for statewide office mustobtain at least 69,734 signatures to gain access to the 2008 General Election ballot. Yet, typically only about 70% of the signatures gathered are valid, so in essense they would have to obtainapproximately 99,620 signatures to gain access to the ballot.
District Office (i.e. Congress, St. Senate, Etc.)
According to NCGS §163-122(a)(2&3) an Unaffiliated candidate for a district office such as US Congress and State Senate, must gather signatures from registered voters in NC equal "to four percent (4%)of the total number of registered voters in the district" as of January 1st of the candidates election year. For 2008 candidates, this means that an unaffiliated candidate for:
-Congress must obtain anywhere from 14,762 signatures in the smallest district (CD 1) to 20,601 signatures in the states largest district (CD 9). Remember that this does not count thetypical 30% of the signatures which the state and county boards of election will end up throwing out for various reasons.
-State Senate must obtain anywhere from 3,243 signatures in the smallest district (St. Senate District 6) to 6,027 signatures in the states largest district (St. Senate District 39).Remember that no State Senate District in NC consist of more than 150,677 registered voters.
-State House of Representatives must obtain anywhere from 979 signatures in the smallest district (St. House District 15) to 3,013 signatures in the states largest district (St. HouseDistrict 40). Remember that no State House District in NC consist of more than 75,320 registered voters.
Click to Read NCGS §163-122
-NCGS §163-123: Write-In Candidates Nominated by Petition
According to NCGS §163-123(c)(1-3) for a candidate to qualify as a Write-In candidate for a:
-Statewide office such as President, Governor, Senate, Etc., the candidate must gather petitions "signed by 500 qualified voters of the State."
-District office such as US Congress, State Senate or House of Representatives, the candidate must gather petitions "signed by 250 qualified voters." If the State Senate or House district consists of onlyone (1) county, then the candidate must gather petitions "signed by 100 qualified voters who are eligible to vote for the office."
Click to Read NCGS §163-123
North Carolinians and individuals across the nation who value the freedom of the ballot, and understand that it is of the utmost importance that we work to restore equal protection of the law to the ballot (same requirements for 3rd Party, Unaffiliated, Republican and Democratic candidates) as well as rid our state of unconstitutional burdensome signature requirements for 3rd Political Parties and Unaffiliated candidates to gain access to the ballot. Freedom depends on it.