NC Supreme Court Hears Case On Challenge To Retention Election For Justices Print
The Campaign Trail
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Thursday, 14 April 2016 05:08

RALEIGH, (SGRToday.com) - Does the North Carolina Constitution require Supreme Court justices to be elected in a traditional race, or was the General Assembly acting within its power when it passed a law allowing sitting justices to face only a retention election and not a traditional challenge?

That is the question facing the North Carolina Supreme Court, which heard arguments in this case on Wednesday.

Justice Bob Edmunds has recused himself from the case since his seat is up for re-election this year and thus is subject to the ruling.

Wake County Attorney Sabra Faires and two other people are plaintiffs in the case. She is now running for a seat on the court following a ruling by the Court of Appeals that the legislature overstepped when it changed to a retention election.

Attorneys for the state argued in court that a retention election -- in which the justice doesn't face a challenger but only a thumbs up or thumbs down from voters -- meets the constitutional definition of an election.

Unless the high court rules quickly and overturns the appeals court, a June 7 election will go forward with four people on the ballot for the seat now held by Edmunds. Voters would choose two candidates to go forward to the general election in November.