Fourth Circuit Sets Briefing Schedule in Virginia Case over Order of Names on Ballot

The Fourth Circuit has set a briefing schedule in Sarvis v Alcorn, 15-1162. The issue is the Virginia law that says the nominees of qualified parties always appear first on the general election ballot, ahead of independent candidates and the nominees of unqualified parties. The U.S. District Court had acknowledged that being list first on the ballot does help candidates. But the Court said the U.S. Constitution permits states to favor the two major party nominees.

The Sarvis brief is due December 22, 2015. The state’s response is due January 25, 2016.

Nebraska State Court Considers Whether Referendum Petition is Flawed

A Nebraska state court will soon decide whether to invalidate a referendum petition on the death penalty. Sponsors of the referendum got enough valid signatures, but their opponents say the measure should be kept off the November 2016 ballot because the petition was flawed. The petition must list the measure’s sponsors. But the definition of “sponsor” is unclear. See this story.