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Candidates and Commonwealth At Odds Over Ballot Affiliation Statute

A group of local candidates and the Commonwealth are battling it out in federal court over whether a Virginia election law violates the plaintiffs’ constitutional rights.  At issue is a statute that requires the political party affiliations of federal and state candidates to be listed next to their names on election ballots—while omitting the same for candidates who run for local offices. The candidates are asking the court to temporarily block November’s ballots from being printed until the law’s constitutionality is decided.

Some local offices, such as school boards, are non-partisan, but boards of supervisors are among those contested by political party nominees.  Their party affiliations are listed on the state elections website, but not on ballots.  Attorney Pat McSweeney cites a Supreme Court ruling that says party IDs are important voter cues. He adds that the current practice confuses voters since they WILL see party labels for General Assembly candidates. 

“And there is language in court decisions that the absence of that designation on the ballot leads voters to think that the candidate who says he’s the party nominee really isn’t—he’s not telling the truth.”

Mcsweeney says allowing some, but not others, to have their parties on ballots is a disadvantage that discriminates against his clients.

“When you have two people in the same situation, and you treat one one way and deny that treatment to another, that’s a classic denial of equal protection under the 14th Amendment of the U.S. Constitution.”

By law, the ballots must be printed by September 18th. The attorney general’s office counters that a delay in printing them in order to add the partisan letters will impose a significant administrative burden on the state and localities.

U.S. District Judge Hannah Lauck says she will issue a ruling on the temporary injunction next week.  Regardless of that outcome, the merits of the case will be argued at a later date.

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