Don Assaid, a two-term incumbent on the Boutetort County, Virginia, Board of Supervisors, has been omitted from the November 8, 2011 ballot, because one of his petitioners doesn’t live in Assaid’s district. See this story. Assaid sued, but the case was dropped because it is too late to alter the ballot.

On July 6, 2011, the 4th circuit had virtually struck down Virginia’s residency requirement for petitioners. The 4th circuit had eliminated Virginia’s chief defense, that the purpose of the residency requirement is to keep candidates off the ballot if they don’t enjoy voter support in the district. But the 4th circuit gave Virginia another chance to defend the requirement, and sent it back to the U.S. District Court. Unfortunately that is not soon enough for Assaid. Assaid says he will seek re-election as a write-in candidate.