On January 13, U.S. District Court Judge Robert E. Payne upheld the Virginia law that says nominees of the qualified parties should always appear at the top of the ballot, relative to other candidates. Sarvis v Judd, eastern district, 3:14cv-479. The opinion says no evidence is needed, and the state’s motion to dismiss is granted.

The opinion says the state interests in putting the qualified parties first are: (1) to avoid voter confusion; (2) to create a more orderly ballot; (3) to encourage larger parties over a multiplicity of parties. Footnote seven of the opinion says, “The Court takes judicial notice of the fact that the vast majority of voters will choose a candidate from one of the major parties.”

Judge Payne did write that he assumes that candidates listed first on the ballot are advantaged. Generally, when courts uphold discriminatory laws on the order of candidates on the ballot, they say there is no evidence that position on the ballot makes any difference. It is not known if the plaintiffs, Robert Sarvis and the Virginia Libertarian Party, will appeal.