Federal judge orders North Carolina to put Cornel West on ballot

RALEIGH, N.C. (CN) — Cornel West, a longtime socialist activist and independent presidential candidate, should be included on state ballots, a North Carolina court has ruled.

The decision ensures that left-wing third-party Justice for All Party candidates would be on the ballot during November elections in this battleground state.

West’s team had taken on the state board of elections after they were denied ballot access in July despite having reached the required number of signatures. State officials countered that after attempting to contact 250 people who'd signed petitions to include Justice for All on the ballot, they were only able to reach 49 — 18 of whom said they hadn't signed.

Nonetheless, a federal judge sided with the third party on Monday, ordering the board to certify the party and extend the filing deadline.

In his order, U.S. District Judge Terrence Boyle, a Ronald Reagan appointee, found the board had burdened the rights of the plaintiff voters by denying the party ballot access. He described officials' efforts to reach Justice for All voters as "one flawed survey."

“In declining to certify JFA as a new political party, the Board has categorically excluded JFA and its candidates from the ballot," Boyle wrote. "As a result, the Board has precluded those voters who wish to associate with both from exercising their First Amendment right to do so. That is a severe burden on First Amendment rights."

A state representative for the Justice for All Party praised the decision, calling it a victory for every North Carolinian. 

"This is a monumental day for our party and for all supporters of a diverse political representation," Italo Medelius, co-chair for the North Carolina Justice for All Party, said. He described the decision as "not just a win for JFA but a victory for every North Carolinian who believes in the power of choice and the strength of democracy."

The state board had hesitated to include both Justice for All and We the People, Robert F. Kennedy Jr.’s political party, citing concerns that petition gatherers may have misled voters while attempting to collect signatures.

The board initially denied both parties ballot access in June before reluctantly approving Kennedy’s party last month. It denied West again in mid-July, citing ongoing investigations into possible petition fraud as a reason not to recognize the party’s status. 

Still, after the board in July certified the right-leaning Constitution Party in early July, it came under scrutiny for its denials of left-leaning third parties. The board is controlled by Democrats, and state Republican lawmakers have accused of it rejecting new parties that could split Democratic votes.

During a hearing in the Republican-controlled General Assembly, lawmakers voiced concerns that the elections board was focused on retaining votes for the Democratic Party rather than election integrity. Speaker of the House Tim Moore and several other high-level state Republicans filed an amicus brief in favor of West gaining access, arguing that the board didn’t have the authority to deny ballot access to a qualified party. Meanwhile, lawmakers have also opened an investigation into its handling of the petition and approval process, grilling the board chair on why it conducted additional investigations into signature fraud by West supporters but not for other parties.

Board members have frequently split along party lines: Two Republican members originally voiced opposition to approving the Constitution Party, while Democrats came out against affirming Kennedy and West’s parties. Ultimately, the board approved all disputed parties except for West’s. 

At the last board meeting, Republican Stacy “Four” Eggers IV voiced opposition to denying West’s party and said he thought the board was making a tragic error. Both Republicans on the board were in favor of affirming ballot access for Justice for All. 

For parties wishing to appear on the 2024 general election ballot, North Carolina requires them to have 13,865 petitions, including from verified voters from at least three congressional districts. West’s team has exceeded this minimum, submitting 17,141 verified signatures. 

Boyle's decision comes just before North Carolina’s ballot printing deadline on Aug. 19. 

“The Board effectively disenfranchised over 17,000 North Carolina voters who signed petitions to certify JFA as a new political party on flawed, highly suspect grounds,” the judge wrote in his order, criticizing the board's stated reasons for its denial.

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