Presidential Candidates must be registered as members of the party that nominate them according the West Virginia state code. Since the code was amended in 1991 it has not been enforced. This means that presidential candidates George Bush Sr, Bill Clinton, George W. Bush, and H. Ross Perot were all illegally placed on the ballot.
Secretary of State Betty Ireland believes that the law is unconstitutional, but has no choice but to enforce it until it is declared unconstitutional. The Mountain Party of West Virginia plans to challenge the law in the courts.
If the law is not found unconstitutional, then some presidential candidates names may not appear on the ballot in May. This could include Ron Paul, Mike Huckabee, and others.
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