Virginia State Board of Elections

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The Virginia State Board of Elections (SBE) was created in 1946 as a nonpolitical agency responsible for ensuring uniformity, fairness, accuracy and purity in all elections in the Commonwealth of Virginia. The SBE promotes the proper administration of election laws, campaign finance disclosure compliance, and voter registration processes in the state by promulgating rules, regulations, issuing instructions, and providing information to local electoral boards and general registrars. In addition, the SBE maintains a centralized database of statewide voter registration and election related data.

Contents

State Board

The SBE is a five-member body consisting of a chair, vice-chair, secretary, and two other members, that manages the electoral process and investigates and adjudicates disputes and campaign law violations. [1] Under the Code of Virginia, "Three Board members shall be of the political party which cast the highest number of votes for Governor at that election." [2] The Board has power to promulgate rules to initiate Circuit Court proceedings for the removal of county and city electoral board members. [3] It can call on the Attorney General of Virginia to initiate investigations. [4] It also certifies independent and third-party candidates for the ballot, after sending their Petitions of Qualified Voters (nominating petitions) to local registrars for signature counting. The Board has power to prescribe such forms. [5] It posts lists of candidates on the Internet. [6]

Ballot access

Virginia has one of the most restrictive set of ballot access laws in the United States. [7] [8] According to the Code of Virginia subsection 24.2-101, without "major party" status for automatic ballot access in Virginia, minor party and independent candidates have to gather petition signatures to get on the ballot. For example, the requirement for statewide elections is 10,000 signatures, including at least 400 from each of Virginia's 11 congressional districts. In order for a minor party to gain automatic ballot access as a major party, one of its nominated candidates must receive 10% of the vote in a statewide race. [9] To obtain the signatures necessary to receive statewide ballot access in Virginia, it has been quoted to cost between $45,000 to $90,000 [10] or up to $100,000. [11]

Litigation

The Virginia State Board of Elections has been a party in a number of lawsuits.

Sarvis v. Judd

In July 2014, The Rutherford Institute supported the Libertarian Party of Virginia and alleged Virginia ballot laws favored "the election chances of Democrat and Republican candidates at the expense of Libertarian Party and independent candidates." [12]

In Robert C. Sarvis, et al. v. Charles E. Judd, et al , the lawsuit was filed on behalf of the Libertarian Party of Virginia, several Libertarian Party candidates and an independent (non-party) candidate for public office in the November 2014 general election. The lawsuit challenged the Virginia State Board of Elections and the laws which require minor-party candidates to gather signatures on petitions to achieve ballot access as well as the laws which require minor-party and independent candidates' names to be placed below those of major-party candidates on the ballot. [13] [14]

Libertarian Party of Virginia v. Judd

In 2013, the ACLU supported the Libertarian Party of Virginia and contended that the Libertarians would suffer "irreparable harm" given Virginia's ballot access laws. [9]

In Libertarian Party of Virginia v. Judd , the Libertarian Party won the case regarding state residency requirements for petition circulators per the United States Court of Appeals for the Fourth Circuit on May 29, 2013. It was the first time a minor party had won a constitutional election law case in the Fourth Circuit since 1989 and 1988. [15] [16] In response to the Fourth Circuit's ruling, the State of Virginia via former Attorney General Ken Cuccinelli [17] as well as several other states, like Oklahoma, [18] submitted petitions to the Supreme Court of the United States asking to reverse the Fourth Circuit's decision. [19] On December 2, 2013, the petitions against the Fourth Circuit's ruling were denied by the Supreme Court, and so the Libertarian Party of Virginia won the case regarding state residency requirements for petition circulators. [9] [20]

Perry v. Judd

In January 2012, Texas Governor Rick Perry, former senator Rick Santorum, former House Speaker Newt Gingrich and former Utah Governor Jon Huntsman Jr. failed to qualify for the ballot and sued the State Board of Elections. [21] U.S. District Judge John A. Gibney Jr. denied the request to add their names to Virginia's Republican primary ballot. [22]

Project Vote v. Long

In February 2010, after receiving reports from local community partners regarding large numbers of rejected voter registration applications, Project Vote and its voting partner, Advancement Project, sought to review Norfolk's rejected registration applications to ascertain if qualified persons were unlawfully kept off the voting rolls. Elisa Long, the general registrar of Norfolk, and Nancy Rodrigues, secretary of the State Board of Elections denied Project Vote and Advancement Project the right to review the records, and both groups filed a lawsuit in U.S. District Court in Norfolk, Virginia. [23]

In July 2011, the Court granted Project Vote's Motion for Summary Judgment and ordered the Norfolk County Registrar "to permit access to any requesting party for copy and/or inspection of voter registration applications and related records," in compliance with public disclosure requirements under the National Voter Registration Act. [24]

Harper v. Virginia Board of Elections

In Harper v. Virginia Board of Elections (1966) the U.S. Supreme Court found that Virginia's poll tax was unconstitutional under the equal protection clause of the 14th Amendment. The 24th Amendment (1964) prohibited poll taxes in federal elections. However, five states continued to impose a poll tax for voters in state elections. By this ruling, the Supreme Court banned the use of a poll tax in state elections.

See also

Related Research Articles

Elections in the United States have rules and procedures regulating the conditions under which a candidate, political party, or ballot measure is entitled to appear on voters' ballots. As election processes are decentralized by Article I, Section 4, of the United States Constitution, ballot access laws are established and enforced by the states. As a result, ballot access processes may vary from one state to another. State access requirements for candidates generally pertain to personal qualities of a candidate, such as: minimum age, residency, and citizenship. Additionally, many states require prospective candidates to collect a specified number of qualified voters' signatures on petitions of support and mandate the payment of filing fees before granting access; ballot measures are similarly regulated. Each state also regulates how political parties qualify for automatic ballot access, and how those minor parties that do not can. Fundamental to democracy, topics related to ballot access are the subject of considerable debate in the United States.

A write-in candidate is a candidate whose name does not appear on the ballot but seeks election by asking voters to cast a vote for the candidate by physically writing in the person's name on the ballot. Depending on electoral law it may be possible to win an election by winning a sufficient number of such write-in votes, which count equally as if the person were formally listed on the ballot.

<span class="mw-page-title-main">2004 Arizona Proposition 200</span> Ballot measure regarding election procedures

Proposition 200, the "Arizona Taxpayer and Citizen Protection Act", was an Arizona state initiative passed in 2004 that basically requires: (a) persons to provide proof of citizenship to register to vote; (b) voters to present a photo identification before receiving a ballot at the polling place; and (c) state and local agencies to verify the identity and eligibility, based on immigration status, of applicants for non-federally mandated public benefits. The proposition also makes it a misdemeanor for public officials to fail to report violations of U.S. immigration law by applicants for those public benefits and permits private lawsuits by any resident to enforce its provisions related to public benefits. The requirement to provide proof of citizenship to register to vote was later ruled invalid in federal court.

The Oklahoma Libertarian Party is the state affiliate of the Libertarian Party in Oklahoma. It has been active in state politics since the 1970s, but due to Oklahoma's ballot access requirements the party has been an officially recognized party during only portions of the last twenty-five years. In 2016, The Oklahoma Libertarian Party regained ballot access. The state party has secured ballot access through at least 2024.

The Independent Greens of Virginia was the state affiliate of the Independence Party of America in the Commonwealth of Virginia. It became a state party around 2003 when a faction of the Arlington local chapter of the Green Party of Virginia (GPVA) split from the main party. As of 2011, it bills itself as a "fiscally conservative, socially responsible green party", with an emphasis on rail transportation and "more candidates". In support of wider ballot participation, it endorses many independent candidates who are not affiliated with the party.

<span class="mw-page-title-main">Green Party of Texas</span> Texas affiliate of the Green Party

The Green Party of Texas is the state party organization for Texas of the Green Party of the United States. The party was founded as the electoral arm of the political movements for grassroots democracy, social justice, ecological wisdom, and peace/nonviolence. The aim of the movement is to bring change to the Government such that it is brought in line with the Global Greens Charter.

<span class="mw-page-title-main">Libertarian Party of Texas</span> State affiliate of the Libertarian Party

The Libertarian Party of Texas is the state affiliate of the Libertarian Party in Texas.

<span class="mw-page-title-main">Qualified New York political parties</span>

In New York State, to qualify for automatic ballot access, a party must qualify every two years by receiving the greater of 130,000 votes or 2% of the vote in the previous gubernatorial election or presidential election. In years with a gubernatorial election or presidential election a party must run a gubernatorial candidate or a presidential candidate to be eligible for automatic ballot access; if 130,000 voters vote for that candidate on their party line, they have qualified the party for the next two years until the following presidential or gubernatorial general election whichever one comes first. A party that is not qualified may run candidates by completing a petition process. Parties are also allowed to cross-endorse candidates, whose votes are accumulated under electoral fusion, but any parties must cross-endorse both the governor and lieutenant governor candidates for fusion to apply. Parties that are already qualified must issue a Wilson Pakula authorization if they cross-endorse someone not enrolled in that party; there are no restrictions on who can be nominated on a non-qualified ballot line, as these lines are determined by filing petitions.

<span class="mw-page-title-main">Libertarian Party of Alabama</span> State affiliate of the Libertarian Party

The Libertarian Party of Alabama (LPA) is the Alabama affiliate of the national Libertarian Party (LP). It is headquartered in Montgomery, Alabama. Due to the high signature requirement to get onto the ballot and the requirement that a party run a statewide candidate that receives at least 20% in order to maintain ballot access the Libertarian Party of Alabama has rarely fielded candidates.

<span class="mw-page-title-main">Arizona Libertarian Party</span> State affiliate of the Libertarian Party

The Arizona Libertarian Party (AZLP) is the Arizona affiliate of the national Libertarian Party (LP) and has been active since its foundation on October 7, 1972.

<span class="mw-page-title-main">Libertarian Party of North Carolina</span> State affiliate of the Libertarian Party

The Libertarian Party of North Carolina (LPNC) is the North Carolina affiliate of the Libertarian Party.

<i>Nader v. Brewer</i> Court decision regarding Arizona voting regulations

Nader v. Brewer, 531 F.3d 1028 is a 2008 decision by the Ninth Circuit ruling that certain Arizona voting regulations were unconstitutional under the First Amendment to the United States Constitution.

Buckley v. American Constitutional Law Foundation, Inc., 525 U.S. 182 (1999), was a United States Supreme Court case that dealt with the authority of states to regulate the electoral process, and the point at which state regulations of the electoral process violate the First Amendment freedoms.

<span class="mw-page-title-main">Free the Vote North Carolina</span>

Free the Vote North Carolina is a North Carolina-focused Political Action Committee with the primary goal of lobbying for ballot access reform, to reduce burden on political third parties and unaffiliated candidates. The group seeks to educate North Carolinians about ballot access in their state, and equip voters with the knowledge of where candidates stand on voting right. They also advocate for the reformation of the State's candidate nomination system, and the system of primary elections.

N.Y. State Bd. of Elections v. Lopez Torres, 552 U.S. 196 (2008), was a case decided by the United States Supreme Court that involved a constitutional challenge brought against New York State's judicial election law, alleging that it unfairly prevented candidates from obtaining access to the ballot. The Supreme Court rejected this challenge and held that the state's election laws did not infringe upon candidates' First Amendment associational rights. Several concurring justices emphasized, however, that their decision reflected only the constitutionality of the state's election system, and not its wisdom or merit.

<span class="mw-page-title-main">Libertarian Party of Virginia</span> State affiliate of the Libertarian Party

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<span class="mw-page-title-main">Alaska Libertarian Party</span> State affiliate of the Libertarian Party

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The Montana Green Party is a state-level political party affiliated with the Green Party of the United States. It formed in 2001–2002 following Ralph Nader's run for president in 2000 as the Green Party nominee.

Before Election Day of the 2020 United States presidential election, lawsuits related to the voting process were filed in various states. Many of these lawsuits were related to measures taken by state legislatures and election officials in response to the COVID-19 pandemic.

References

  1. ↑ Virginia Department of Elections - About Us
  2. ↑ "§ 24.2-102. Appointment; terms; Commissioner of Elections; prohibited activities".
  3. ↑ "§ 24.2-103. Powers and duties in general; report".
  4. ↑ "§ 24.2-104. Requesting assistance for attorney for the Commonwealth; investigative committees".
  5. ↑ "§ 24.2-105. (Effective September 1, 2021) Prescribing various forms".
  6. ↑ "§ 24.2-105.1. Election and voter participation information on the Internet".
  7. ↑ "How did Virginia's ballot access get so strict?". Richmond Times Dispatch . Dec 31, 2012. Retrieved Mar 26, 2014.
  8. ↑ "Virginia primary voters should be allowed to vote for the GOP nominee of their choice". Slate. Jan 3, 2012. Retrieved Mar 26, 2014.
  9. 1 2 3 "State Residency Requirement for Petition Circulators". ACLU . 11 June 2012. Retrieved March 24, 2014.
  10. ↑ "Fredericksburg business owner launches write-in bid for U.S. Senate". Stafford County Sun. June 17, 2014. Archived from the original on June 19, 2014. Retrieved June 24, 2014. he does not have the $45,000 to $90,000 he said he was quoted to get petition signatures to get on the ballot
  11. ↑ "Perry, Gingrich lose lawsuit to get on Virginia primary ballot". Washington Post. January 13, 2012. Retrieved August 14, 2014. Huntsman's campaign officials said they did not want to pay $100,000 to a firm to collect the signatures
  12. ↑ "Rutherford Institute Files First Amendment Lawsuit Challenging Discriminatory Election Laws that Favor Major Party Candidates over Independent, Minor Ones". The Rutherford Institute. July 2, 2014. Retrieved July 4, 2014.
  13. ↑ "Rutherford Institute files suit on behalf of third-party candidates". Daily Press. July 3, 2014. Retrieved July 3, 2014.
  14. ↑ "Libertarian Party challenges Virginia ballot laws". WDBJ7. July 3, 2014. Archived from the original on July 14, 2014. Retrieved July 4, 2014.
  15. ↑ "Libertarian Party Wins Virginia Lawsuit Against Circulator Residency Requirement". Ballot Access News . May 29, 2013. Retrieved March 24, 2014.
  16. ↑ "Libertarian Party Wins Virginia Ballot Access Suit". Democracy Chronicles. May 30, 2013. Retrieved March 24, 2013.
  17. ↑ "No. 13-231" (PDF). Supreme Court of the United States. Oct 31, 2013. Retrieved March 24, 2014.
  18. ↑ "No. 13-231" (PDF). Supreme Court of the United States. Retrieved March 24, 2014.
  19. ↑ "Seven States Ask U.S. Supreme Court to Reverse Virginia Libertarian Party Victory on Residency for Circulators". Ballot Access News . Sep 25, 2013. Retrieved March 24, 2014.
  20. ↑ "Judd v. Libertarian Party of Virginia Petition for certiorari denied on December 2, 2013". Supreme Court of the United States. Dec 2, 2013. Retrieved March 24, 2014.
  21. ↑ "Perry vs Judd" (PDF). politico. January 17, 2012. Retrieved August 14, 2014.
  22. ↑ "Perry, Gingrich lose lawsuit to get on Virginia primary ballot". Washington Post. January 13, 2012. Retrieved August 14, 2014.
  23. ↑ "Case 2:10-cv-00075-RBS-DEM" (PDF). Project Vote. February 16, 2010. Retrieved August 14, 2014.
  24. ↑ "Project Vote vs. Long". Project Vote. Retrieved August 14, 2014.
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