A legal battle is brewing in North Carolina over the state’s election laws, with significant implications for unaffiliated voters. T. Andrew Dykers has filed a complaint against the State of North Carolina, along with key legislative leaders and the North Carolina State Board of Elections, in the United States District Court for the Middle District of North Carolina on November 19, 2025.
The lawsuit challenges North Carolina’s dual-track ballot-access process under Chapter 163, which provides taxpayer-funded primaries for party-affiliated candidates while imposing stringent signature-collection requirements on unaffiliated candidates. This system, according to Dykers, leads to structural exclusion and gerrymandering driven by major-party control of redistricting through Senate Bill 249. Dykers argues that this division exceeds the authority granted by the Elections Clause and violates both the First and Fourteenth Amendments.
Dykers’s complaint highlights historical concerns about political factionalism expressed by figures like Thomas Jefferson and George Washington. The case questions whether states have any constitutional authority to divide citizens into political categories. The plaintiff argues that even if such division is deemed permissible, it should be subject to strict scrutiny to ensure equal treatment under the law.
The plaintiff recounts his own experience running for state office in 2022 as an unaffiliated candidate, where he was required to collect over 2,300 signatures to appear on the ballot—a burden not faced by party-affiliated candidates who only needed to pay a filing fee. He contends that this unequal treatment suppresses independent political expression and participation.
Dykers seeks a judicial remedy that would establish an independent primary system allowing unaffiliated voters and candidates equal access to ballots while preserving associational rights of political parties. He calls for enjoining S.B. 249 and relevant provisions of Chapter 163 until a constitutionally sound ballot-access process is established.
Representing himself in this legal challenge, T. Andrew Dykers hopes to dismantle what he views as an unconstitutional system that entrenches partisan control at the expense of fair representation for all voters in North Carolina.
Source: 125cv01056_Dykers_v_State_of_North_Carolina_Complaint_Middle_District_North_Carolina.pdf
