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Josh Stein, lawmakers to court: States have right to choose judicial primary elections or not

Attorney General Josh Stein and the General Assembly found a rare bit of common legal ground today when they filed a joint response contending a federal court does not have jurisdiction to order a state to hold judicial primaries.

Stein, who represents the state the Board of Elections and Ethics Enforcement, and attorneys representing the General Assembly, were responding to the state Democratic Party’s injunction over the Electoral Freedom Act, which eliminates the 2018 judicial primaries.

The response states that the Constitution gives states the right to choose whether to institute primary elections.

“There is no right under the United States Constitution to a primary election,” the response states. “Rather, the Constitution leaves it to the states to regulate their elections in accordance with federal laws and the Constitution.”

The response also alleges that the Democratic Partly lacks standing to bring the injunction.

It also says the state and the Board should be dismissed because both have constitutional immunity from such litigation.

A hearing in the matter will take place at 9:30 a.m. Jan. 24 at the federal courthouse in Greensboro. You can read the full response below.

Judicial Primary Response by NC Policy Watch on Scribd

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