The Supreme Court has shut down candidate filing and delayed all state primary elections until May 17.
The court wants a trial court to rule on the merits of two ongoing redistricting lawsuits by Jan. 11.
“In light of the great public interest in the subject matter of these cases, the importance of the issues to the constitutional jurisprudence of this State, and the need for urgency in reaching a final resolution on the merits at the earliest possible opportunity, the Court grants a preliminary injunction and temporarily stays the candidate-filing period for the 2022 elections for all offices until such time as a final judgment on the merits of plaintiffs’ claims, including any appeals, is entered and a remedy, if any is required, has been ordered,” according to the Supreme Court’s order.
The order blocks the state’s scheduled March 8, 2022, primary election. “[D]efendants instead are directed to hold primaries for all offices on Tuesday, May 17, 2022,” according to the order. “The trial court is authorized to issue any orders necessary to accomplish the resulting changes in the election schedule, including implementing shortened filing periods and other administrative adjustments.”
The order explains what happens to candidates who already have filed this week for next year’s elections. “Any individual who has already filed to run for public office in 2022 and whose filing has been accepted by the appropriate board of elections, will be deemed to have filed for the same office under the new election schedule for the May 2022 primary unless they provide timely notice of withdrawal of their candidacy to the board of elections during the newly-established filing period,” the Supreme Court orders.
There is one exception: candidates whose districts get thrown out if the courts force lawmakers to redraw state election maps. In the court’s words, a candidate is not deemed to have filed “to the extent that a remedy in this matter, if any, impacts a candidate’s eligibility to hold the office for which they have currently filed. Any individual who has properly withdrawn their candidacy is free to file for any other office for which they may be eligible during the reopened filing period.”
The Supreme Court wants action within a month on resolving the redistricting complaints through a trial. “The trial court is directed to hold proceedings necessary to reach a ruling on the merits of plaintiffs’ claims and to provide a written ruling on or before Tuesday, January 11, 2022.”
An appeal from that trial court ruling must be filed with the Supreme Court within two days. The process will bypass the intermediate-level N.C. Court of Appeals.
The Supreme Court’s ruling responds to a request from redistricting challengers in two lawsuits. Both sets of plaintiffs had asked the high court to intervene after the full 15-member Appeals Court had rejected their attempts to shut down candidate filing.
In both cases, challengers argue that new state election maps violate the state constitution because of gerrymandering. Plaintiffs want maps for North Carolina’s congressional delegation, N.C. House, and N.C Senate to be thrown out.
A state Senate redistricting leader criticized the order. “The court did not cite any basis in law for its move and did not criticize the maps,” according to a news release from Sen, Ralph Hise, R-Mitchell. “It reached its secretive decision based only on two affidavits. The secretive, unnamed decision only states that elections are blocked because the case is ‘important’ and of ‘public interest.’”
Hise refers to the fact the order does not indicate how the Supreme Court voted in reaching its decision. While the order is signed by Justice Tamara Barringer according to the clerk of court, the signature is difficult to read.
“The court didn’t even articulate a legal or factual basis for suspending elections,” Hise said. “The Democrats on the Supreme Court want districts that elect more Democrats, so they’re blocking every election in the state until they get their way.”
The North Carolina Board of Elections said in reaction to the ruling:
“For any candidate whose filing has been accepted by the State Board of Elections or any county board of elections, that candidate “will be deemed to have filed for the same office” in the May primary, subject to any court rulings that would impact that candidate’s eligibility, according to the Supreme Court order.
Those candidates would be able to withdraw their candidacy during the new filing period. Any individual who withdraws their candidacy is free to file for any other office for which they are eligible during the reopened filing period.
Dates for a new filing period have not been set. Candidate filing had begun on Monday at the N.C. State Fairgrounds for state- and federal-level contests and at all 100 county boards of elections for local contests. As of Wednesday evening, more than 1,400 candidates had filed statewide.”
Though filing was delayed, the following candidates have filed for office:
Sheriff
Robert Holland announced in June that he would not run for re-election after serving since 2002. Five Republicans have already indicated they will run for sheriff – Clay Bryson, Derek Jones, Robert (Bob) Cook, Brent Holbrooks and Chris Browning. No Democrats have contacted the Macon County Board of Elections office about running, according to Deputy Director Gary Tallent.
County Commissioners
Jim Tate, who represents District 1 on the Board of County Commissioners, has said he is not running for re-election. Tate has served as a commissioner since 2011, but feels it is time to move onto other pursuits and give someone else an opportunity to serve.
“Public service is a calling and one I have taken seriously,” Tate said when announcing his decision at the October commissioners meeting. District 1 includes the Ellijay, Sugarfork, Highlands and Flats precincts.
Don Willis Jr., is the only person filed.
Local Jerry Moore announced he would be running for Tate’s seat last week. He is currently in the process of securing 1,087 signatures from registered voters of Macon County.
“I am running for the position of Macon County Commissioner to serve all of Macon County and District 1 as we face challenges associated with an expanding population, the need for additional education infrastructure and creating a pathway for job opportunities for our citizens,” Moore said in a statement. “I do not believe government can cure all the ills of our society, but it does play a role in providing certain services the private sector is unable to deliver effectively. If I am elected, I will work hard to make sure we solve the problems of Macon County in the most effective way possible, and I will strive to be a good steward of Macon County tax dollars.”
Petitions can be found at Kilwin’s Chocolates and Ice Cream, Bear Mountain Outfitters and Highlands Decorating Center.
The other two county commissioner seats up for election are for District 2 and currently held by Gary Shields and Ronnie Beale. Shields, who was elected in 2014, has submitted his statement of organization to run for re-election. In addition to Shields, four other Republicans have submitted their statements of organization – Gregg Jones, Richard Lightner, Daniel Reitmeier and Danny Antoine. Beale, who was elected in 2006, has not indicated if he will run for re-election.
District 2 includes the Franklin, Millshoal, Smithbridge, Highlands and Flats precincts. Three representatives from the district serve on the Board of Commissioners. The third District 2 commissioner is Josh Young, who will be up for election in 2024. The commissioners serve four-year terms.
Clerk of Court
Longtime Clerk of Court Vic Perry is not running for re-election. Republicans Mike Trammel, Justin Stamey and Shawna Lamb have all submitted paperwork indicating they will run for office, which is a four-year term.
State Races
In state elections, both District 120 Rep. Karl Gillespie (R-Macon) and Sen. Kevin Corbin (R-Macon) are up for re-election. Gillespie is currently serving his first term in the House of Representatives for the district including Macon, Clay, Cherokee and Graham counties. He said he would run for re-election in 2022.
Corbin, who represents District 50 in the state Senate, recently announced he would run for re-election after opting not to make a run for the new 14th District U.S. congressional seat.
Congressman Madison Cawthorn will not run for re-election in the 14th District and will instead run in the 13th District.
Last week, local Highlander Ken McKim announced he would be running for Cawthorn’s seat.
Editor Christopher Lugo,The Franklin Press’ editor Mia Overton and Carolina Public Press’ Mitch Kokai contributed to this article.