Virginia House of Delegates member Leo Wardrup introduced HB 3157 on January 19. It would impose mandatory filing fees on all non-paupers who petition their way onto a general election ballot, or a primary election ballot. The fees would be 2% of the annual salary. Congressional filing fees would be approximately $3,300. The bill exempts presidential candidates.

The US Supreme Court said in 1972 and in 1974 that filing fees for non-paupers are constitutional if they are for the purpose of keeping the ballot uncrowded. However, Virginia already has difficult petition requirements for that purpose.

Wardrup is a Republican from Virginia Beach. He has been in the legislature since 1991 and is considered one of the more powerful members. He is chair of the Transportation Committee. He says he is worried that the November ballots will be crowded, because in 2006 the legislature passed a bill letting cities move their city elections from May to November, and therefore November ballots may be very lengthy since they will have federal offices and city offices both.