CHARLESTON, W.Va. (WDVM) — A lawsuit claiming that West Virginia’s statewide process of ordering names on ballots based on party affiliation was a partisan law and unconstitutional came to an end Wednesday.
The Fourth Circuit Court of Appeals ruled that this state law was constitutional and “did not present an unfair advantage to one party or the other,” according to a release from the Attorney General’s office.
This legislation was first passed three decades ago. The release from the Attorney General’s office said that it called for the “party whose presidential candidate received the most votes in West Virginia” to have the first position in all races for its candidates. This order would be up to change every four years.
“It’s good to see the Court’s recognition that this is not a partisan law,” Attorney General Patrick Morrisey said in the release. “In fact, it’s the opposite of partisan in that it treats all political parties equally. If a party’s presidential candidate gets the most votes in one election, that party’s candidates are listed first in the next one.”