From Richard Winger of Ballot Access News:

U.S. District Court Strikes Down Virginia In-District Residency Requirement for 
Circulators
February 8th, 2012

On February 8, U.S. District Court Judge Henry Hudson ruled that Virginia’s 
in-district residency requirement for petitioners is unconstitutional. He also 
issued an injunction against enforcing the requirement in future elections. The 
case is Lux v Judd, e.d., civ 3:10-cv-482. The case had been filed in 2010. 
<http://www.ballot-access.org/2012/SJDecision.pdf>Here is the 18-page opinion.

This is the first Virginia ballot access law to be held unconstitutional since 
2001, when the Libertarian Party sued Virginia over a law that said the names 
of qualified parties should be printed on the November ballot next to the names 
of their nominees, but the party labels of unqualified parties could not be 
printed on the November ballot, except for President.

The Lux case is the first ballot access case handled by the James Bopp law firm 
of Indiana. That firm is extremely active in election law, but its other cases 
have dealt with campaign finance, and also privacy for petition signers.

The decision says in footnote 8 that no opinion is being expressed about the 
constitutionality of Virginia’s ban on out-of-state circulators.

You can read the rest of the article on Richard's website:

http://www.ballot-access.org/2012/02/08/u-s-district-court-strikes-down-virginia-in-district-residency-requirement-for-circulators/




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