In Virginia, and Indiana, candidates who petition for a spot on a general election ballot have their signatures checked for validity, by government elections officials. But candidates seeking a spot on a partisan primary ballot are treated more leniently. Their petitions are given to their own political party, and political party officials merely look at the petitions to see if, on the surface, they contain enough signatures.

Michael Osborne, an independent candidate in this year’s legislative election in Virginia, is upset about the disparity, and is threatening to bring a lawsuit, although it is far too late for that to effect the November 8, 2011 ballot. In any event, the only possible lawsuit would be one that alleges the disparity is unconstitutional. No Virginia statute has been broken; the statutes provide for different treatment for the different types of petition. See this story.