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. 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.