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Kyle Kopitke v. Karen Brinson Bell, Executive Director, North Carolina State Board of Elections
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 19-2355 · judgment July 6, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
I. Whether the Fourth Circuit decision requiring all independent candidates to file their ballot access qualifying petitions by the date of North Carolina's March primary election impermissibly conflicts with this Court's decision in Anderson v. Celebrezze, 460 U.S. 780 (1983) in which the Court held that a March filing date for presidential candidates was unconstitutional. II. Whether the Fourth Circuit erred in applying a litmus test in determining the constitutionality of the number of ballot access petition signatures required of a presidential candidate or other statewide candidate while failing to follow the Sixth and Eleventh circuits in evaluating the burden established by the statute by reference to the historical record of success in satisfying the statute's signature requirements.
Counsel of record
For petitioner
Alan Porter Woodruff
Law office of Alan P. Woodruff
For respondent
Nicholas Scott Brod
North Carolina Department of Justice
Case
Conference history
Distributed for 1 conference
Amicus briefs
1 cert-stage
Proceedings
- Feb 22 2021Petition DENIED.
- Feb 08 2021Brief amici curiae of Jessica Belcher, et al. filed. (Distributed)
- Feb 03 2021DISTRIBUTED for Conference of 2/19/2021.
- Feb 01 2021Waiver of right of respondent Karen Brinson Bell to respond filed.
- Dec 29 2020Petition for a writ of certiorari filed. (Response due February 8, 2021)