RALEIGH, N.C. (AP) — North Carolina’s new alternate method of choosing members of the state Supreme Court is being formally challenged as unconstitutional.
A lawsuit filed Monday seeks to overturn a law approved in June giving most sitting justices the option to be re-elected to additional eight-year terms in an up-or-down statewide vote.
The lawsuit says these so-called “retention elections” are not really elections but referenda that violate the state Constitution by failing to allow opposing candidates to run.
Associate Justice Bob Edmunds is the only incumbent up for re-election on the seven-member court next year. He intends to be in the retention race.
The plaintiffs want the idea struck down and a new schedule created to allow for a nonpartisan primary and a general election next November for Edmunds’ seat.