Rob Sarvis, the Virginia Libertarian nominee for U.S. Senate in 2014, will file his cert petition with the U.S. Supreme Court on or before December 17. The issue in the case is the Virginia law that says the parties that polled 10% in one of the two previous elections are always automatically listed at the top of the ballot. The lower federal courts had upheld the law, writing that even though they agree that being listed at the top of the ballot is advantageous, that the state has an interest in bolstering the two largest political parties against all those competing with them.

Virginia law itself acknowledges the fairness of ballot rotation, because the law says there should be a random process in every election to determine whether the Republican nominees or the Democratic nominees are listed first or second.

The Sarvis cert petition would have been due this month, but Sarvis received an extension. The Coalition for Free & Open Elections (COFOE) is helping pay for the printing of the cert petition. COFOE thanks all the people who have contributed to COFOE this year. COFOE gets all its revenue from readers of Ballot Access News.