Justia U.S. 4th Circuit Court of Appeals Opinion Summaries

Plaintiff, a North Carolina registered lobbyist, commenced this action under 42 U.S.C. 1983 against the North Carolina State Board of elections to challenge the constitutionality of North Carolina's "Campaign Contributions Prohibition," N.C. Gen. Stat. 163-278.13C, which prohibited any registered lobbyist from contributing to the campaign of any candidate for the North Carolina General Assembly or the Council of State. Applying the "closely drawn" standard of scrutiny that the court concluded was applicable to such contribution restrictions, the court held that the statute was constitutional, both facially and as applied to plaintiff, as a valid exercise of North Carolina's legislative prerogative to address potential corruption and the appearance of corruption in the State.

In 2010, plaintiff's application for ballot placement as an independent candidate for Congress was denied due to his failure to comply with the state’s requirement that each petition signature be witnessed by a district resident. The district court dismissed a challenge to the requirement, relying in part on a 1985 Fourth Circuit case. The Fourth Circuit vacated and remanded, holding that its rationale in the earlier case has been superseded by subsequent Supreme Court decisions. The district court should determine whether the in-district witness requirement is justified by a state's desire to gauge the depth of a candidate's support. Plaintiff's supporters lack standing, but the plaintiff's challenge is not moot. There is a reasonable expectation that the challenged provisions will be applied against the plaintiff again during future election cycles.