2012 LPVA Petition Drive: Petitioning Instructions
In what follows I provide some instructions concerning the petition drive. I hope you find the instructions helpful. Please note that in what follows, in cases where I refer to a person of unspecified gender, I have adopted the convention of referring to that person using masculine pronouns. I do this because I am of the masculine gender.
Some of the information provided below may seem remarkably obvious. If so, please understand that these instructions are provided to people whose petitioning experience ranges from no experience whatsoever to that of accomplished petitioner. Since those I consider most likely to read this material are those with the least amount of petitioning experience, and since many comments I provide below were also offered in response to previous questions from inexperienced petitioners, I have chosen to be reasonably thorough while striving to be as brief as possible.
If you have any questions about the information that follows, please do not hesitate to contact me (the petition drive coordinator). You are welcome to contact me via e-mail at or by calling me at my home near Charlottesville (434 973-5958). I shall be happy to answer your questions. Also, please check the petition drive webpage available at for information that may answer your questions. (Thanks to Doug Wright for his tremendous help in preparing the petition drive webpage.)
Basic Information
The petitioning campaign will take place from Jan. 1, 2012 until noon on Aug. 24, 2012.
The LPVA must submit the signatures of at least 10,000 Virginians who are registered to vote. For each of the eleven congressional districts in Virginia, we must gather at least 400 signatures of people who are registered to vote in that district.
While we were able to place the 2008 LP presidential ticket on the ballot by submitting 13,380 signatures, I believe we should be prepared to gather at least 16,000 signatures statewide and at least 700 signatures in each congressional district in order to have a reasonable margin for error.
Petition signatures must be gathered on a petition form designed by the State Board of Elections (SBE). The petition form bears the names of the presidential electors for the LPVA and the names of the “line-holder” (or “stand-in”) presidential and vice presidential candidates for the Libertarian Party. (I shall frequently refer to this form as the petition.) This year our “line-holder” presidential candidate is Ed Clark, the LP presidential candidate in 1980 who received over 920,000 votes. The “line-holder” vice presidential candidate is David Bergland, the LP’s vice presidential candidate in 1976 and presidential candidate in 1984. Should our petition drive be successful, the names of Mr. Clark and Mr. Bergland will not appear on the November ballot; their names will be replaced by those of the candidates nominated at the LP national convention in Las Vegas in May.
The petition form is double-sided; it is printed on either letter-sized (8.5” x 11”) white paper or legal-sized (8.5” x 14”) white paper; all copies of the form should maintain exactly the same format. In particular, petition forms must be double-sided; one cannot submit a form that is printed on only one side. The petition form (in both letter-size and legal-size formats) is available from the petition drive coordinator; also, both versions are available as downloadable PDF files on the petition drive webpage.
Signatures must be grouped by congressional district (CD) and then separated by political jurisdiction (cities and/or counties) within the congressional district. All of the people who sign a given petition form should live in the same congressional district and the same political jurisdiction within that congressional district.
For example, Albemarle County and the City of Charlottesville are different political jurisdictions within the Fifth CD. Thus, I must keep separate petitions for the signatures of people living in Albemarle County and the signatures of people living in the City of Charlottesville. Similarly, some people who live in the City of Richmond are in the Third CD, whereas others living in the City of Richmond are in the Seventh CD. Thus, I must keep separate petitions for the signatures of people living in City of Richmond, Third CD and the signatures of people living in the City of Richmond, Seventh CD.
I have prepared a list of the counties and cities in Virginia, and have identified for each county and city (a) the congressional district(s) to which that county or city belongs and (b) the U.S. House of Representatives members who represent those districts. I have also prepared a list of the congressional districts, and have identified for each district (a) the U.S. House of Representatives member who represents that district, and (b) which counties and cities belong (all or in part) to that district. These lists are available on the petition drive webpage.
There are spaces on the petition form to indicate the congressional district number and the political jurisdiction (either the county or city) in which all who sign that particular petition live. That information must be written on the form. For example, a petition form that contains signatures of people who are registered to vote and live in a part of the City of Richmond that is in the Seventh Congressional District should have “7th” and “City of Richmond” written in the appropriate spaces.
Note: I usually write this information in pencil when I am petitioning and then reenter the information in ink when I am ready to have the signatures notarized. I do this so that if I see an opportunity to obtain many signatures and I do not have a blank petition form available, I can use a sparsely populated petition form and neatly change the district number and/or political jurisdiction. If one has entered the district number and jurisdiction in ink, if necessary one can draw a line through that information and enter the new information. However, I believe my way is neater and less likely to draw scrutiny when the signatures are validated.
Petition Circulators
Those who gather petition signatures for us are called petition circulators (frequently called circulators). Such people are also frequently referred to as petitioners, although that term is sometimes used differently (e.g., in the Code of Virginia).
Circulators must affirm before a notary that they have indeed witnessed the signatures that appear on the petition sheets presented to the notary.
In order to be a legal witness of petition signatures, either one must be a registered voter in Virginia or one must be eligible to be a registered voter in Virginia. In order to be eligible to be a registered voter in Virginia, you must be at least 18 years old, you must be a legal resident of Virginia, you must not have been convicted of a felony (or if you have, your right to vote must have been restored by the appropriate legal process), and you must not have been judged mentally incompetent (or if you have, your status as mentally competent must have been restored by the appropriate legal process).
A circulator may not witness his own signature. You must find another person who is willing and able to witness your signature.
When witnessing signatures before a notary, a circulator must fill out an affidavit on the back side of the form and sign the affidavit. The circulator must:
* provide his residential address
* provide his Social Security number (SSN)
* indicate that he is a registered and qualified voter, or that he is eligible to be a registered and qualified voter
* indicate that he is, or is eligible to be, qualified to vote for the office for which the petition is being circulated (I believe that in the case of the presidential petition, if you are registered to vote in Virginia, you are qualified to vote for the offices of president and vice president)
* indicate that he personally witnessed the signature of each person who signed the petition
Note that the circulator must swear or affirm that the information provided is correct. The circulator must not sign the affidavit on the petition form until he is in the presence of the notary who will witness the circulator’s affirmation.
Circulators should keep at least one “master copy” of the petition available for use in making additional copies.
Petition Signers
Those who sign our petition forms are known as petition signers, or as signers.
While I don’t believe that the signer’s information must be written in ink, I endeavor to have the information written in ink (as opposed to pencil, magic marker, blood, etc.).
Signers must be registered voters in Virginia, and they must provide the following information on the form:
* They must sign their name on the form; they should sign their legal name under which they are registered to vote, as opposed to using a nickname or an initial (e.g., I should sign and print my name as James W. Lark, III, instead of Jim Lark or J. Lark)
* They must print their name on the form; they should print their legal name, as opposed to using a nickname
* They must print their legal address on the form; they must provide a street or route address, since P.O. Box and general delivery addresses are not considered acceptable by the SBE
* They must indicate the current date (month, day, and year) on the form
Where possible circulators should watch the signer provide each item of information and politely prompt the signer to include any information he omitted. For example, a signer who lives at 100 Jefferson Street may write “100 Jefferson” on the petition without realizing that there may also be a 100 Jefferson Lane, a 100 Jefferson Boulevard, etc. Also, people frequently will sign their name but not print their name, or will fail to date the petition.
Signers are supposed to sign their name, and then print their name underneath their signature. However, frequently people will print their name where a signature is required and sign their name where a printed name is required. You may wish to ask the signer to cross out the mistaken entries and then provide the necessary information again. However, my experience is that the SBE is tolerant of such mistakes and will not invalidate the signature because of this mistake. Also, some people will become irritated if they are asked to repeat the process, especially if they are in a hurry. Thus, use your best judgment in such matters.
There is a place on the petition form where signers can provide their Social Security Number (SSN) or the last four digits thereof, which is evidently used as the voter identification number in Virginia. However, signers are not required to provide this information. (Unlike signers, circulators must provide their SSN when their petitions are notarized.)
Circulators should inform people that they are not required to provide their SSN or the last four digits thereof, but should encourage people to provide one of those items of information. Circulators should note that the SBE already has the SSN of registered voters, and providing the SSN or last four digits thereof makes it easier to verify that signers are registered voters.
I believe it is helpful to inform people that the LPVA will not use the information provided by signers for any purpose other than to satisfy the requirements imposed upon the party by the Commonwealth of Virginia. Many people are concerned that if they sign our petition, their names and addresses will be added to a mailing list. If someone asks whether he will be placed on a mailing list, please assure him that we will not do so.
I believe it is helpful to inform people that signing our petition doesn’t imply support for our candidates, that signers may sign petitions for other parties and candidates, and that they may vote in the primaries of other parties.
The Process of Gathering Signatures
In what follows, I offer suggestions concerning the process of gathering signatures. I assume that potential signers (henceforth referred to as prospects) will be strangers to the circulator, although most of the comments apply when you seek the signature of someone you know.
Those who circulate petitions for us are representing the Libertarian Party and the Libertarian Party of Virginia. Thus, you have a responsibility to represent us well. Please treat those you encounter with courtesy and respect, even if they do not demonstrate similar courtesy and respect.
Please don’t seek the signature of a prospect who is clearly not interested in engaging you or is clearly busy with other affairs. For example, if someone departing from a grocery store is clearly in great haste or laboring under the burden of many bags, do not ask him to sign the petition as he exits the store.
Ask the prospect whether he is either a registered voter in Virginia or will soon register to vote in Virginia. If the answer is no, thank him for his courtesy in answering you. If the answer is yes, please hand him the petition and a pen, and ask him politely to sign (see comments below).
Note: Some circulators prefer to ask the prospect for his help prior to asking whether the prospect is (or will soon be) registered to vote, based upon the perfectly reasonable notion that you don’t want to ask the prospect a question to which he can respond “No” (at least not until after the prospect has been asked to sign the petition). I consider this a matter of personal taste.
A question has arisen recently as to the validity of a signature from someone who is not a registered voter when he signs our petition but who registers to vote before we submit that signature to the SBE. I was informed by an SBE employee that such signatures should be considered valid. Although such advice is not considered legally binding upon the SBE, I believe that someone who plans to become a registered Virginia voter soon and who wants to sign our petition should be encouraged to do so.
Once a person has agreed to sign, you must inquire in what county or city he lives, and then if necessary in what congressional district he lives. In many cases, the particular county or city will determine the congressional district. For example, someone who lives in Pulaski County lives in the Ninth Congressional District.
However, if a signer states that he lives in the City of Richmond, you must then inquire in what congressional district he lives. If the signer doesn’t know in what CD he lives (a fairly common situation), you may wish to ask whether he has his voter registration card (many people carry these cards). If he doesn’t have his card, ask him whether his congressman is Bobby Scott (Third CD) or Eric Cantor (Seventh CD). If he doesn’t know the name of his congressman (a fairly common situation), you might show him a map of the Richmond area that includes the congressional district lines to see whether he can determine the appropriate CD.
If he is still unable to determine in which CD he lives, you may adopt one of several options:
* Provide him with a blank petition form (i.e., one that doesn’t contain signatures), obtain his signature and other required information, and then determine later in what CD he lives.
* Ask him to sign a petition that bears the signatures of people living in what you consider the most likely combination of CD and jurisdiction.
* When appropriate, try to arrange to obtain his signature after he has determined the appropriate CD.
Please keep in mind that the major goal of the petition drive is to obtain enough signatures to place the LP presidential ticket on the Virginia ballot in November. Thus, while in some cases it may be worthwhile to spend time chatting with people about the LP, its positions, and candidates, in general you should focus upon gathering as many signatures as possible, as opposed to proselytizing for the LP. In particular, avoid arguing with people, as it is likely to detract from the effort to gather signatures.
If someone requests that you send him more information about the LP and/or our candidates, when possible offer the person a notepad and ask him to provide his contact information. I try to avoid giving the impression that I am using information from the petition forms for purposes other than placing LP candidates on the ballot.
Circulators should not take rejection personally. Many people feel uncomfortable about signing petitions and providing address info, especially if they do not know much about the Libertarian Party or our candidates. Thus, do not be surprised if the number of people who decline to sign the petition is significantly larger than the number of people who sign.
Some prospects want to see information about the LP and/or our candidates prior to deciding whether to sign. If I have suitable literature with me, I usually provide it for them to examine. If I have sufficiently many copies of the literature, I usually allow the prospect to keep the literature I have provided, although my decision is based upon my gut feeling as to whether the prospect is truly interested or is looking for a polite way of saying “no” to signing the petition.
Circulators should provide information on a regular basis about the number of signatures they have gathered to either the petition drive coordinator or to a regional/district coordinator. In particular, circulators should provide the following: