Intelligent life exists beyond Iowa, and even beyond New Hampshire. Before the Republican Party crowns its nominee, voters from other states should and will be heard. Or will they? According to Virginia law, many a lawful voter will not be allowed to vote for the candidate she truly favors on the day of the Virginia primary—March 6, to be precise. So far, no one seems to have highlighted this gaping flaw in the Virginia election code.
Virginia’s ultra-strict ballot-access laws, whose obstacle course kept every Republican presidential candidate off the ballot except Mitt Romney and Ron Paul, were challenged last week by Rick Perry’s legal team and supporters of Newt Gingrich. Last Friday four other GOP candidates signed onto Perry’s legal challenge as well.
Virginia’s ballot-access rules are indeed extreme, but it’s hard to say, as Perry’s lawyers are contending, that these rules are unconstitutional. Governments are allowed to print official ballots, and as long as they are in this business, surely they may choose to list only the names of the major candidates. Short lists plausibly promote democracy by making it easy for the ordinary voter to find and vote for his preferred candidate.