On October 6, U.S. District Court Judge Norman Moon refused to require the University of Virginia Center for Politics to invite independent Virginia gubernatorial candidate Russell Potts into its gubernatorial debate. Since the debate sponsor is a branch of the state government, Potts should have won the case. The US Supreme Court said in Arkansas Educational TV Foundation v Forbes, 523 US 666 (1998), that government-owned entities must include all candidates with a real campaign, when they hold debates. Potts has a very substancial campaign and a large campaign budget, and has his own TV ads.
The debate will now include only the Democratic and Republican nominees, and will be held October 9.