Virginia Lawsuits Against Residency Requirements for Circulators Get Publicity

The Sun-Gazette of Arlington, Virginia, has this article about two lawsuits against the Virginia residency requirement for petitioners.  It is a worthwhile and good article, but it has some errors.

The article mostly focuses on the lawsuit filed by the Libertarian Party, but toward the end it mentions the other lawsuit on the same subject, filed by independent candidate Herb Lux.  However, the article fails to say that the Lux lawsuit is much further along in the legal process.  Also the Lux lawsuit is in federal court, not state court (both lawsuits are in federal court in the Eastern District of Virginia).

Also, section 1983 of the U.S. Code does not say anything about election law specifically.  Section 1983 is simply the part of the federal law that permits lawsuits that complain about civil rights violations to be filed in federal court.  Voting rights are a subset of civil rights.  Finally, the story says the Libertarian Party has other lawsuits against residency requirements for circulators in California, Colorado, Kansas, and Nebraska.  Actually the Kansas lawsuit has already been won, and had been filed by the Constitution Party.  The pending Colorado case was filed by proponents of an initiative, not by the Libertarian Party.

Virginia doesn’t let a circulator work outside his or home congressional district, if circulating for a candidate for Congress.  The story might have mentioned that lawsuits against residency requirements for circulators have already won in Arizona, California, Colorado, Connecticut, Idaho, Illinois, Kansas, Michigan, New Jersey, New York, Ohio, Oklahoma, Pennsylvania, and Wisconsin.


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