U.S. District Court Upholds Virginia Law Putting Major Parties on the Ballot First

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.

Maine Bill to Restore State Income Tax Check-off for Political Parties

Maine Representative Matt Moonen (D-Portland) has introduced LR 1743, which would restore the question on the state income tax form that asks taxpayers if they want to send a small donation to the political party of the taxpayers’ choice.

Maine had such a question in the past. The last year in which parties received money from this source was 2012, when the Green Party received more than the Republican Party. Thanks to Thomas MacMillan for the news about the new bill.