United States Fourth Circuit

In an as-applied challenge to North Carolina's May 17 petition-filing deadline for the formation of new political parties, the district court's determination that the deadline was valid is affirmed, where: 1) the district court did not abuse its discretion in denying plaintiff's request for discovery; 2) the May 17 deadline, considered in the context of North Carolina's ballot-access scheme, does not impose a severe burden on plaintiffs' ability to form new parties and nominate candidates, so strict scrutiny does not apply; 3) North Carolina's choice of a May 17 deadline is reasonable, and outweighs the modest burden imposed on plaintiffs; and 4) the deadline is constitutional as applied to plaintiffs.

Appellate Information

• Decided 02/27/2014
• Published 02/27/2014

Judges

• DIAZ

Court

• United States Fourth Circuit

Counsel