Filed Date: Jan. 3, 2018
Closed Date: Aug. 28, 2018
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This case is about the Constitution Party of North Carolina’s ability to be recognized as a political party for the 2018 general election and defendant's placement of limitations on Constitution Party of North Carolina’s ability to accept supporters' contributions and on its supporters giving donations and contributions. Constitution Party of North Carolina alleged that the limitations on donor contributions, as set by the defendant, severely burdened its efforts to satisfy the requirements to be recognized as a political party pursuant to NCGS §163A-950.
On January 3, 2018, the plaintiff filed a lawsuit in the U.S. District Court for the Western District of North Carolina against the Executive Director of the North Carolina State Board of Elections and Ethics Enforcement. The plaintiff claimed that defendant Strach’s limitations on plaintiff accepting contributions and in plaintiff’s supporters in giving donations and contributions severely burdened plaintiff’s efforts to satisfy the requirements of NCGS §163A-950 because in order to satisfy the number of signatures required to be gathered by statute is rarely successful unless the plaintiff employed a professional organization to help gather signatures, which is a costly endeavor. Furthermore, plaintiff alleged that its inability to raise adequate funds to conduct a successful petition signature collection effort constructively denies plaintiff the ability to become a recognized political party by satisfying the requirements of NCGS §163A-950. Represented by private counsel, the plaintiff sought a declaratory judgment declaring its rights and enjoining the enforcement of NCGS §163A-950 and reasonable attorneys’ fees and costs. The case was assigned to Judge Graham C. Mullen.
On June 19, 2018, the defendant filed a motion to dismiss the matter pursuant to Rule 12(b)(1) and (h)(3) or to grant judgment on the pleadings pursuant to Rule 12(c) for lack of subject matter jurisdiction. Additionally, the defendant asserted that plaintiff’s claims are moot because plaintiff is recognized as one of North Carolina’s official political parties pursuant to NCGS §163A-950. The defendant also filed a motion to stay the matter pending the Court’s resolution of its jurisdiction.
On June 22, 2018, the court ordered the matter to be stayed, excepting the deadlines for filing responses to defendant’s motion to dismiss.
On August 28, 2018, the court ordered that defendant’s motion to dismiss be granted. The court held that plaintiff’s alleged injury was moot, as it successfully petitioned for political party recognition and was no longer subject to the contribution and receipt limitations. Moreover, plaintiff failed to establish an exception to the ripeness rule.
This case is closed.
Summary Authors
Leilani Argersinger (4/12/2024)
Madilynn O'Hara (8/21/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6285720/parties/constitution-party-of-north-carolina-v-strach/
Mullen, Graham Calder (North Carolina)
Henkle, S. Mark (North Carolina)
Jr, James Bernier (North Carolina)
See docket on RECAP: https://www.courtlistener.com/docket/6285720/constitution-party-of-north-carolina-v-strach/
Last updated Aug. 8, 2025, 7:37 a.m.
State / Territory: North Carolina
Case Type(s):
Special Collection(s):
Law Firm Antiracism Alliance (LFAA) project
Key Dates
Filing Date: Jan. 3, 2018
Closing Date: Aug. 28, 2018
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Constitution Party of North Carolina
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
North Carolina State Board of Elections and Ethics Enforcement, State
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Defendant
Nature of Relief:
Source of Relief:
Issues
Voting: