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Lawsuit Claims Judicial Retention Elections Are Unconstitutional

A lawsuit filed Monday is challenging the way North Carolina Supreme Court justices are chosen. (Credit Brian Turner / Wikimedia Commons)

North Carolina's method of selecting Supreme Court justices is being challenged in court, according to a lawsuit filed Monday.

This summer, Gov. Pat McCrory signed a bill into law that changes how sitting Supreme Court justices keep their seats. Instead of running against other candidates, they'll now participate in retention elections.

That means the next justice up for re-election would not face any challengers. Instead, there would be an up-or-down vote on whether the judge gets another term.

But this lawsuit claims retention elections are unconstitutional in North Carolina – that they're not real elections, but referenda.

The plaintiffs say that violates the state constitution because it doesn't allow any opposition candidates to run against the sitting judge.

They want the law struck down and replaced with nonpartisan elections.

The next incumbent up for reelection is Associate Justice Bob Edmunds in 2016.

Sean Bueter joined WFDD in August 2015 as a reporter covering issues across the Piedmont Triad and beyond.Previously, Sean was a reporter, host and news director at WBOI in Fort Wayne, Ind., just a few hours from where he grew up. He also sorted Steve Inskeep's mail as an intern at NPR in Washington, D.C.Sean has experience on a variety of beats, including race, wealth and poverty, economic development, and more. His work has appeared on NPR's Morning Edition and All Things Considered, and APM's Marketplace.In his spare time, Sean plays tennis (reasonably well), golf (reasonably poorly), and scours local haunts for pinball machines to conquer.

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