Litigation was filed Monday by the Justice for All Party, supporter of Cornel West for president, against the North Carolina State Board of Elections by three Fayetteville residents.

The lawsuit of plaintiffs Johnny Thomas Ortiz II, Jimmie Gregory Rogers Jr. and Weldon Murphy says the state board had “no legal authority” for its action, and that the party met the 13,865-signature requirement of state law. Defendants are the state board as an entity, and each of its members and Executive Director Karen Brinson Bell in their respective official capacity.

Specifically mentioned within the lawsuit are Democratic Party operatives’ interference with Justice for All’s petition drive, and Clear Choice Action represented by the Elias Law Group. Marc Elias, the 2021 founder, has long been a leading counsel for Democrats on campaign finance, voting rights, redistricting and general election litigation.

The case was filed in the Western Division of the U.S. District Court for the Eastern District of North Carolina. The trio wants to vote for West and asks for an order “directing the NCSBE to certify JFA and place its nominee on North Carolina’s 2024 general election ballot.”

In a meeting Tuesday of last week, the party was considered for ballot access on a third state board meeting since June 26. In the first meeting a vote was taken, but one was not in the second. The third meeting’s votes went the same as the first, with Democrats Alan Hirsch, Jeff Carmon and Siobhan Millen against granting access, and Republicans Stacy Eggers and Kevin Lewis in favor.

Hirsch, the chairman, even forecast the possibility of a lawsuit during the meeting.

For the state board, it is déjà vu from 2022 when the panel would not allow the Green Party onto the ballot. It also sued and won, albeit too late for the midterms. The ruling included the state board paying the Green Party’s legal fees.

Justice for All is one of three parties this summer that petitioned the state board for access to the ballot. The Constitution Party, supportive of Randall Terry for president, was denied June 26 and unanimously approved July 9. With only Millen against, the We the People Party was approved July 16.