Robert Marcellus v. Virginia State Board of Elections

849 F.3d 169, 2017 WL 679692, 2017 U.S. App. LEXIS 2928
CourtCourt of Appeals for the Fourth Circuit
DecidedFebruary 21, 2017
Docket16-1331
StatusPublished
Cited by15 cases

This text of 849 F.3d 169 (Robert Marcellus v. Virginia State Board of Elections) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robert Marcellus v. Virginia State Board of Elections, 849 F.3d 169, 2017 WL 679692, 2017 U.S. App. LEXIS 2928 (4th Cir. 2017).

Opinion

NIEMEYER, Circuit Judge:

The Powhatan County Republican Committee and four individuals nominated by *172 the Committee to be candidates for election to the Board of Supervisors for Powhatan County, Virginia, commenced this action against the Virginia State Board of Elections to challenge the constitutionality of the portion of Virginia Code § 24.2-613(B) that provides that only candidates in elections “for federal, statewide, and General Assembly offices” may be identified on the ballot by the name of the political party that nominated them or by the term “Independent.” The plaintiffs allege that providing political party identifiers for candidates for federal, statewide, and General Assembly offices, while denying such ballot identifiers for candidates for all local offices, violates their right of association protected by the First and Fourteenth Amendments and their right to equal protection under the Fourteenth Amendment.

On cross-motions for summary judgment, the district court entered judgment in favor of the Virginia State Board of Elections, upholding the constitutionality of the challenged portion of § 24.2-613(B), and we affirm. We conclude that the burden on associational rights imposed by Virginia’s regulation of the use of party identifiers on official ballots is at most minimal and is amply justified by Virginia’s important interests, which include minimizing partisanship at the local government level, promoting impartial governance, and maximizing the number of citizens eligible to hold local office under the Hatch Act, 5 U.S.C. §§ 7321-7326. We similarly conclude that § 24.2-613(B)’s different treatment of local candidates and federal, statewide, and General Assembly candidates with respect to party identifiers on the ballot does not violate the Equal Protection Clause because such treatment is rationally related to legitimate governmental interests.

I. Statutory Scheme

In Virginia, candidates for elected office can generally qualify to be placed on an election ballot either by filing a declaration of candidacy and a petition signed by the requisite number of qualified voters, see Va. Code Ann. § 24.2-506, or by receiving the nomination of a “political party,” as defined by statute, see id. §§ 24.2-101, 24.2-511. The only organizations that currently qualify under the statute’s definition are the Republican Party and the Democratic Party. See Libertarian Party of Va. v. Alcorn, 826 F.3d 708, 712 (4th Cir. 2016).

The form of ballots used in Virginia elections is tightly regulated by statute and by standards prescribed by the Virginia State Board of Elections. See Va. Code Ann. § 24.2-613(A). For example, every ballot, whether printed or presented through an approved electronic voting system, contains a header with the words “Commonwealth of Virginia” and “Official Ballot.” And Virginia’s regulation of the ballot extends to details such as font size and the number of characters per line. Localities are required to submit ballot proofs to the Virginia Department of Elections for verification and approval.

The ballots’ content is also strictly regulated. In 1870, when Virginia formally adopted the use of written ballots, the General Assembly specified that the ballot be “a white paper ticket ... containing ... the names of the persons for whom the elector intends to vote, and designating the office to which each person so named[ ] is intended by him to be chosen.” An Act to Provide for a General Election, ch. 76, § 31, 1869-70 Va. Acts 78, 85. Not until 1970 did the General Assembly amplify the content to include, in connection with candidates for President, a party identifier for each candidate. See Act of April 3, 1970, ch. 462, § 2, 1970 Va. Acts 826, 853 (“No *173 names of political parties shall appear on the ballot, except in presidential elections ... ”). In 2000, the General Assembly again expanded the list of offices for which party identifiers are to be used to include “federal, statewide, and General Assembly offices,” but those offices “only.” Act of April 6, 2000, ch. 514, § 1, 2000 Va. Acts 915, 915. While bills have been introduced since to expand further the list of offices for which identifiers are used, none has been enacted.

Thus, in its current state, Virginia Code § 24.2-613(B) provides that party identifiers are used on the ballot only in connection with candidates for President of the United States, members of the U.S. Senate, members of the U.S. House of Representatives, Governor, Lieutenant Governor, Attorney General of Virginia, members of the Senate of Virginia, and members of the Virginia House of Delegates. Conversely, § 24.2-613(B) prohibits party identifiers for candidates for all local offices, including candidates for county boards of supervisors and city and town councils; local school boards; mayors; clerks of court; Commonwealth’s attorneys; sheriffs;- revenue commissioners; treasurers; and soil and water conservation district directors. This restriction is imposed even though candidates for most local offices are allowed to qualify for placement on the ballot by being nominated by the local chapter of one of the major political parties. See Va. Code Ann. §§ 24.2-509(A), 24.2-511.

When including identifiers, the State Board of Elections uses the name of the political party that nominated the candidate. If the candidate qualified for the ballot by petition, the Board uses the term “Independent,” unless the candidate produces “sufficient and appropriate evidence” that he or she was nominated by a “recognized political party.” Va. Code Ann. § 24.2-613(B). The Board represents these identifiers on the ballot using capital letters — (D) for Democrat, (R) for Republican, (L) for Libertarian, (G) for Green, (IG) for Independent Green, (C) for Constitution, and (I) for Independent.

There is no restriction on any candidate’s advertising his or her party nomination, association, or endorsement. Moreover, voters can learn which candidates were nominated by political parties on the “What is on my Ballot?” section of the Virginia Department of Elections’ website.

II. Facts

In May 2015, the Powhatan County Republican Committee nominated Robert Marcellus, David Williams, Barry Hodge, and Timothy Gresham to be Republican candidates for positions on the Powhatan County Board of Supervisors during the November 2015 general election. As provided by Virginia Code §. 24.2-511(B), each of those candidates qualified to have his name appear on his local ballot after the Chairman of the Committee certified his nomination to both the Virginia State Board of Elections and the General Registrar of Powhatan County. Accordingly, the ballots for the November 3, 2015 general election included their names but not any party identifiers next to their names or, indeed, next to the names of any candidate for local office. The ballot did, however, include party identifiers for candidates seeking seats in the General Assembly. Even though the 2015 general election is now passed, these four candidates state that they intend to run for local office in the future as political party nominees.

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Bluebook (online)
849 F.3d 169, 2017 WL 679692, 2017 U.S. App. LEXIS 2928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-marcellus-v-virginia-state-board-of-elections-ca4-2017.