Virginia general assembly 1000px

There is nothing more humorous than watching people freeze their backsides off in the cold for no good reason.

iPods, games, PS4s, Xboxes… it’s silliness beyond silliness.

So when you see a bunch of pictures of folks sitting out in the cold in front of the Virginia State Board of Elections hoping beyond hope to be first on the ballot because of a long-standing myth that being at the top of the ballot gets you a 5% bump?

Well, as we say in Virginia, here’s your sign (or bless your heart).

To wit, the Stewart campaign is crying foul over a provision in Virginia state law that says quite clearly that filing is at noon — sharp.  Doesn’t matter if you stand out in the cold for three days… if you show up at noon, you file at noon.

Simultaneously.

From the Stewart campaign:

Ed Gillespie and his elitist team of lawyers are manipulating the Virginia Board of Elections in a last-ditch, rule-breaking effort to have Ed’s name placed at the top of the ballot

Gillespie’s gambit is an attempt at an end-run around rules established by Virginia’s State Board of Elections(SBE) that stipulate that the first candidate to turn in their candidate’s petitions to be put on the ballot will have his or her name placed at the top of the ballot for that candidate’s particular race.

All the campaigns, including Gillespie’s, are aware of this fact, given their effort to arrive at the BOE early to turn in their petitions.

The smoking gun?  Apparently… this:

Here’s your problem.  The Code of Virginia is explicitly clear on this:

§ 24.2-529. Primary ballots. The primary ballots for the several parties taking part in a primary shall be composed, arranged, printed, delivered, and provided in the same manner as the general election ballots except that at the top of each official primary ballot shall be printed in plain black type the name of the political party and the words “Primary Election.” The names of the candidates for various offices shall appear on the ballot in an order determined by the priority of the time of filing for the office. In the event two or more candidates file simultaneously, the order of filing shall then be determined by lot by the electoral board or the State Board as in the case of a tie vote for the office. No write-in shall be permitted on ballots in primary elections.

When do we file, ladies and gentlemen?

Noon — just like RPV General Counsel told you when asked.

Now hypothetically, you have several campaigns that perhaps leaned on bad advice from one of Terry McAuliffe’s lawyers.  That’s fine… if that’s the crutch one wants to lean upon.

Smart campaigns lean on RPV General Counsel for legal advice.  Not a junior lawyer attached to McAuliffe.

Needless to say, there will be a series of lots drawn to determine who is at the top of the ticket.  Of course, if you’re running a strong campaign, it shouldn’t matter… but for those running weak campaigns?  I’ll bet it matters the world to them.

UPDATE:  Side note worthy of mention.  Team Stewart seems extraordinarily exercised about their placement on the ballot.  You know who doesn’t seem to care all that much?  Apart from Team Gillespie?

Team Riggleman.

Let that sit in the back of your brain for a few moments.

  • I think the biggest issue is simple – these polls only include folks who answer them. I think most Stewart supporters, as with most Trump supporters, aren’t going to tell a random stranger how they’re voting.

    • John Massoud

      I’ll agree with you. I was knocking on doors for Team Gillespie in Shenandoah County, and got an awful lot of refusals – more than usual. Kinda led me to know something wasn’t right, although everyone else said they were supporting Ed.

    • BrianKirwin

      Except it’s not just Virginia. Polls in Georgia showed a Democrat win for weeks.