When Virginia voters go to the polls on March 6th to pick a Republican presidential nominee, they will have a limited choice.
Since Newt Gingrich, Rick Santorum, Rick Perry, and Jon Huntsman failed to meet the Commonwealth's signatures requirement, only Mitt Romney and Ron Paul will appear on the primary ballot.
Virginia has several requirements to get on the ballot, including collecting 10,000 signatures from registered Commonwealth voters, with a minimum of 400 signatures from each of Virginia’s 11 congressional districts.
Only a registered voter from each individual district can collect the signatures.
The issue took center stage in December, when only Romney and Paul qualified for the primary.
Despite a lawsuit by several candidates to put their names on the ballot, a federal judge sided with the State Board of Elections in January.
"Virginia is known as having difficult ballot access requirements, and I have not ever been phoned by a campaign who said 'this is ridiculous, your ballot access requirements are outrageous,'" said Justin Riemer, a representative from the State Board of Elections.
So 10 On Your Side decided to find out if Virginia’s ballot requirements are stricter than the rest of the country.
Every state has its own rules for getting on the presidential primary ballot, or being part of a caucus.
Some states like Iowa and Washington have no requirements for candidates.
Others like Colorado and Texas require only a filing fee.
But there are also some states that fall in Virginia's category, requiring thousands of signatures from registered voters.
However, unlike the Commonwealth, states like Illinois, Indiana, and Massachusetts require fewer than half of the 10,000 signatures needed to get on Virginia's primary ballot.
But it’s an issue being felt locally as well.
In December, Botetourt County resident Doug Gimbert was indicted on election fraud, for circulating petitions to help get Botetourt County Supervisor Don Assaid re-elected. Gimbert is accused of knowingly circulating petitions in a district he didn't live in.
The signatures he collected were disqualified by the Botetourt County Board of Elections in the Fall.
Gimbert's attorney Melvin Williams said the law is unconstitutional, and he is confident it will be overturned in court.
"I believe that requirement, of the residency requirement, is too strict for Constitutional standards,” Williams said.
When the federal judge ruled against the disqualified Republican presidential candidates in January, he stated that if the lawsuit had been filed earlier, he likely would have found the election laws to be unconstitutional.
Meaning if the law is challenged again, change could be likely.
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