NORTH CAROLINA — A registered unaffiliated voter in North Carolina is appealing the state board of elections’ decision to not hear a candidate challenge.
READ MORE: State BOE declines challenge to Trump’s candidacy, confirms presidential primary nominees
Brian Martin, resident of Stoke County, submitted a challenge to Donald Trump’s candidacy on Dec. 18, within the 10-day rule after filing closed. The North Carolina State Board of Elections dismissed the challenge the following day, citing a lack of authority to hear it. It determined Martin could petition the courts to hear the challenge.
State board general counsel Paul Cox said since presidential primary candidates don’t officially file a notice of candidacy — the state parties choose names — it is “unclear” whether state statute on challenges applies to presidential preference candidates. He asked the board to make a “judgment call”; it voted 4-1 to decline the hearing.
In response, Martin submitted an appeal to the Wake County Superior Court on Dec. 29. He asked the court to expedite the process so a ruling is made prior to the March 5 primary. Martin, who intends to vote in the Republican primary, according to his appeal, contends that the state board of elections “made an error of law.”
Martin’s initial challenge form, hand-delivered to the state board, cites Section 3 of the 14th Amendment as disqualifying Trump from holding office. The provision of the U.S. Constitution prevents any official from holding a seat of power after breaking the oath of office.
Martin provided a 24-page explanation of how Trump violated the Constitution by encouraging his supporters to “fight” what he believed was a “stolen” election and storm the U.S. Capitol. It resulted in 100 injured law enforcement officers and four deaths.
According to his appeal, Martin wrote he fears if Trump appears on the ballot and is not qualified to hold office, it infringes on the electoral process.
“The voters in the Republican primary on March 5, 2024, have a right to choose from constitutionally eligible candidates,” Martin wrote in his appeal. “If one were to vote for Donald Trump, and he is not eligible to hold the office of President, then their vote will not count. Their vote will be a wasted vote, will not play a part in the selection of the next President, and such a result is constitutionally unacceptable.”
He states it’s the reason a candidate challenge process exists, to allow residents to question the qualifications of someone running for office.
According to North Carolina statute, a candidate challenge must include a verified affidavit “based on reasonable suspicions or belief of the facts.”
The North Carolina Republican Party submitted its chosen candidate names to the state BOE Dec. 6. The board then voted to approve the list, which Martin said proves notice of candidacy.
Board member Siohban Millen agreed during the Dec. 19 meeting Trump has made it clear he’s running for office, even if he did not “submit” a notice.
“There’s no doubt in anyone’s mind that Donald Trump is putting himself forward as a candidate for president,” she said. “So, I’d say, one could argue, we’ve received notice.”
There is no case law precedent to back a presidential primary challenge Cox noted during last month’s BOE meeting; however, Colorado became the first state to rule Trump ineligible from appearing on the primary ballot. Colorado’s Supreme Court overturned the district court’s decision to place Trump on the ballot and granted states the authority to assess presidential qualifications. The Supreme Court’s ruling upheld Section 3 of the 14th Amendment as applicable in this case; it’s the first time a court used that provision of the Constitution to remove a candidate.
In opposition, the Colorado Republican State Central Committee wrote in an appeal: “The historical significance of this decision cannot be overstated. The Colorado Supreme Court has removed the leading Republican candidate from the primary and general ballots, fundamentally changing the course of American democracy.”
On Dec. 23, Maine’s Secretary of State Shenna Bellows blocked Trump’s appearance on the state primary ballot as well for his role in the insurrection. She received three voter challenges to disqualify Trump: Two cited the 14th Amendment and one argued since Trump claims he won the 2020 election, he is barred from a third term as president.
“The record establishes that Mr. Trump, over the course of several months and culminating on January 6, 2021, used a false narrative of election fraud to inflame his supporters and direct them to the Capitol to prevent certification of the 2020 election and the peaceful transfer of power,” Bellows wrote in her ruling. “I likewise conclude that Mr. Trump was aware of the likelihood for violence and at least initially supported its use given he both encouraged it with incendiary rhetoric and took no timely action to stop it.”
The Michigan Supreme Court declined to reconsider a court of appeals decision allowing Trump to appear on the ballot.
Decisions in Colorado and Maine are not final; they are still pending and will likely be decided by the U.S. Supreme Court early this year.
In terms of Martin’s appeal, the Wake County Superior Court can uphold the state board’s decision, move the case to another court for further proceedings, or reverse the verdict and force the board to set a hearing. A date for the hearing has not been announced.
Tips or comments? Email amy@localdailymedia.com.
Want to read more from PCD? Subscribe now and then sign up for our morning newsletter, Wilmington Wire, and get the headlines delivered to your inbox every morning.
