Virginia does not print party labels on the ballot for county office, even if political parties actually nominate for county office. On February 22, the Fourth Circuit upheld that law, in a challenged filed by some Republican nominees for county office. Marcellus v Virginia State Board of Elections, 16-1331. Here is the 20-page opinion.

Page 13 says, “Of course, if a law gives some candidates for the Senate a party identifier, but not other candidates for the Senate, it would impose a burden on the associational rights of the candidates left unidentified, even though no candidate has an absolute right to be so identified. See Rosen v Brown, 970 F.2d 169, (6th cir. 1992).”

The Ninth Circuit is considering a California case over whether it is constitutional to give party labels to some candidates for the same office, but not others. That case is Soltysik v Padilla. Thanks to Rick Hasen for the link to the Virginia decision.