James Carr, a Libertarian running for U.S. House in Virginia’s 7th district, is attempting to comply with the Virginia State Board of Elections decision that if he wants to be on the ballot in the special election, he must collect 1,000 valid signatures in just ten days. See this story. Ironically, the Board requires the signatures by the end of this week, even though the Republican Party (which need not submit any petition) hasn’t even chosen its nominee yet in the special election.
In case Carr fails to get the needed signatures, he is free to sue for either more time or fewer signatures, under a Fourth Circuit precedent, Mathers v Morris, which says that in special congressional elections with limited petitioning periods, the requirement must be eased. Virginia is in the Fourth Circuit. Mathers v Morris was a Maryland case won by the Libertarian Party in 1981.