Delaney v. Bartlett

MEMORANDUM OPINION

BULLOCK, District Judge.

An unaffiliated candidate running for statewide office in North Carolina must comply with the eligibility requirements of North Carolina General Statute § 163-122(a)(1) to be placed on the general election ballot. Plaintiff Paul DeLaney and his supporters contend that this statute impermissibly infringes on the rights guaranteed by the First and Fourteenth Amendments to the United States Constitution. Pursuant to 28 U.S.C. § 2201, De-Laney seeks a declaratory judgment invalidating Section 163-122(a)(l). For the following reasons, the court finds that…