The Libertarian Party of Virginia (LPVA) is the Virginia affiliate of the Libertarian Party. The party was originally founded in 1974 and was dissolved by the State Central Committee on September 11, 2022. Subsequently, the Virginia Libertarians quickly recreated the Libertarian Party of Virginia and received the recognition of the Libertarian National Committee. Some of the disaffected former Libertarians went on to create a new party, the Liberty Party (now known as the Classical Liberal Party of Virginia) – a party affiliated with the Association of Liberty State Parties.
Ballot laws
Ballot access laws
Virginia has one of the most restrictive ballot access laws in the United States.
According to the Code of Virginia subsection 24.2-101, without "major party" status for automatic ballot access in Virginia, the LPVA has had to gather petition signatures to get on the ballot. The requirement for statewide elections, such as the U.S. Senate, is 10,000 signatures, including at least 400 from each of Virginia's 11 congressional districts. However, after the Virginia Republican presidential primary in 2012, Virginia lawmakers reduced the 10,000 signature requirement for presidential candidates by half. Now, according to Code of Virginia § 24.2-543, a petition to put a third-party or independent candidate on the ballot for U.S. President "shall be signed by at least 5,000 qualified voters and include signatures of at least 200 qualified voters from each congressional district." Thus, this revision makes it easier for presidential candidates to obtain ballot access; yet, the law still remains as a barrier to entry for minor party candidates.
For the Party to gain automatic ballot access as a major party, one of its nominated candidates must receive 10% of the vote in a statewide race. To obtain the signatures necessary to receive statewide ballot access in Virginia, it has been quoted to cost between $45,000 to $90,000. Should the LPVA meet the ten percent threshold, career journalist James Bacon noted: "Sparing the Libertarian Party the expense of petitioning to get its candidates on the ballot would allow it to husband its resources to help candidates campaign... That would be huge."
Ballot access litigation
The Libertarian Party of Virginia has, on multiple occasions, taken legal action over Virginia's ballot access laws.
Libertarian Party of Virginia v. Judd
In 2013, the ACLU supported the Libertarian Party of Virginia, and contended that the Libertarians would suffer "irreparable harm" given Virginia's ballot access laws.
In Libertarian Party of Virginia vs. Judd, the LPVA won the case regarding state residency requirements for petition circulators per the United States Court of Appeals for the Fourth Circuit on May 29, 2013. It was the first time a minor party had won a constitutional election law case in the Fourth Circuit since 1989 and 1988. In response to the Fourth Circuit's ruling, the State of Virginia via former Attorney General Ken Cuccinelli as well as several other states, like Oklahoma, submitted petitions to the Supreme Court of the United States asking to reverse the Fourth Circuit's decision. On December 2, 2013, the petitions against the Fourth Circuit's ruling were denied by the Supreme Court, and so the Libertarian Party of Virginia won the case regarding state residency requirements for petition circulators.
Sarvis v. Judd
In July 2014, The Rutherford Institute supported the Libertarian Party of Virginia and alleged Virginia ballot laws favored "the election chances of Democrat and Republican candidates at the expense of Libertarian Party and independent candidates."
In Sarvis vs. Judd a lawsuit was filed on behalf of the Libertarian Party of Virginia, several Libertarian Party candidates and an independent (non-party) candidate for public office in the November 2014 general election. The lawsuit challenged the Virginia State Board of Elections and the laws which require minor-party candidates to gather signatures on petitions to achieve ballot access as well as the laws which require minor-party and independent candidates' names to be placed below those of major-party candidates on the ballot.
Notable Virginia Libertarians
Roger MacBride, the first presidential elector in U.S. history to cast a vote for a woman, and the presidential nominee for the Libertarian Party in the 1976 election. Robert Sarvis, the LPVA's 2013 gubernatorial candidate whose performance was the best performance for a minor party gubernatorial candidate in the U.S. South in nearly 40 years.