On August 4, Virginia filed this brief in Sarvis v Judd, the Libertarian Party case that argues the Constitution requires Virginia to give every candidate an equal opportunity to obtain the top spot on the general election ballot. The case is Sarvis v Judd, U.S. District Court, 3:14-cv-479. Current law says that only the qualified parties ever enjoy the top line. Virginia defines “party” to be a group that polled at least 10% of the vote in either of the last two previous elections. Virginia’s 10% vote test is tied for being the second most severe vote test in the nation.
In Texas, ballot positions used to be numbered, and you might occasionally see a billboard, “No 17 on your ballot”
Most important were the positions for straight-ticket voting, and the parties would encourage “One and Done” or “Two and Through” since voters could mark the party box and be finished with their civic duties.
Virginia doesn’t have a straight-ticket device, and has an office group ballot. Also Virginia has a much shorter general election ballot than Texas ever does. Virginia holds its state office elections in odd years, and of course its congressional elections in even years, so the ballot is never very long. Also Virginia doesn’t elect nearly as many partisan positions as Texas does. There are no judicial elections and no elections for partisan county executive office, such as Sheriff or County Treasurer.
The Major Parties are determined to kill all seriojs 3rd parties. This is, in my opinion, why California whent to the Top Two. Look for Texas and New York – the first a “conservate” state and the latter a “liberal” state – to go to Top Two within the decade.