In 2010, two separate lawsuits were filed in federal court against a Virginia law that makes it illegal for anyone to circulate a petition outside of his or her home U.S. House district, if the petition is to place a candidate for U.S. House on the ballot. One of them, Lux v Judd, 10-1997, was argued in the 4th circuit on May 12, 2011, and the argument went well for the candidate who is challenging the restriction.

The other case, on the identical issue, is Libertarian Party of Virginia v Virginia State Board of Elections, 10-2175. However, it was dismissed by the 4th circuit on June 3, 2011, solely because of a technicality. The Libertarian case sued the Virginia State Board of Elections but failed to sue the officers of the State Board of Elections. The 11th amendment to the U.S. Constitution requires that federal lawsuits, alleging that a state law is unconstitutional, must sue particular individuals (such as a Secretary of State, or the Executive head of any State Board of Elections), not just the state or any agency of the state. The outcome in the Libertarian Party case will not have any adverse effect on the Lux case, so no real harm has been done.