State lawmakers are appealing a judge’s ruling from Monday blocking their retroactive change in judicial filing rules.
Attorneys for House Speaker Tim Moore and Senate President Pro Tem Phil Berger filed notices of appeal Tuesday afternoon. The case will go to the state Court of Appeals, where the process typically involves a three-judge panel to review the case.
Judge Rebecca Holt entered a preliminary injunction Monday enjoining the State Board of Elections and Ethics Enforcement from printing any election ballots that do not reflect judicial candidates Chris Anglin’s and Rebecca Edwards’ chosen party affiliations.
Anglin is a candidate for the state Supreme Court who changed his affiliation from Democratic to Republican before he filed to challenge Republican incumbent Barbara Jackson and Democratic candidate Anita Earls. Edwards is a candidate for a Wake County District Court seat and changed her Republican affiliation to Democratic before she filed.
You can read more about arguments in the case here. Holt ultimately ruled that lawmakers violated Anglin’s and Edwards’ constitutional rights when they changed the rules regarding judicial filing after filing closed.
Pat Gannon, a spokesman for the State Board of Elections and Ethics Enforcement, said Tuesday that in order to meet the Sept. 7 deadline for mail-in absentee ballots, they would have to transmit ballot data to appropriate vendors beginning Friday.
If the text of the ballots is not finalized by Friday, he added, state law permits the court to reduce the 60-day statutory deadline for by-mail ballots to as few as 45 days before the election. Absentee by-mail ballots must be available by Sept. 22 under federal law.
There are two other cases pending that could also affect the ballots. A three-judge panel is set to take up hearings at 9:30 a.m. today over the two lawsuits filed by Gov. Roy Cooper and the North Carolina NAACP and Clean Air Carolina challenging constitutional amendment ballot language.
Follow Progressive Pulse for continued updates on all these cases. Below are the rulings from the Anglin and Edwards cases.