On July 5, the Virginia Libertarian Party, and its 2013 gubernatorial nominee, Rob Sarvis, filed a 17-page request for a rehearing en banc in the Fourth Circuit. The issue is the Virginia law governing order of candidates on general election ballots. The state holds a random drawing to determine whether the Republican Party or the Democratic Party nominees should be listed first on the ballot. But nominees of other parties, and independent candidates, do not participate in that random process and are always listed underneath the Repubican and Democratic nominees.

On June 20, the Fourth Circuit had upheld that law and had said that there is a state interest in helping the Democratic and Republican Parties maintain their dominance.