For the 2008 election, the Virginia General Assembly changed state law to specify how a presidential and VP nominee could be legally certified for the ballot by the state party chair when the national convention was held later than state law then allowed for putting the P/VP nominees names on the ballot.

In 2008, the Republican nominations were officially decided in September when they were voted on at the national convention. This delayed ballot preparation, proofing, programming, printing and mailing in Virginia and other states which did not have a “late primary problem” for nominations within the state. (Virginia’s primaries are normally in June.)

About 8 weeks after their nominations, the national Republican nominees sued Virginia over absentee ballot mailing dates — a problem partially caused by the RNC’s decision to hold its convention so close to the November election.

In 2012, whether the states can comply with the 45-day requirement will depend as much on the actions of the national parties’ governing bodies, who set the convention dates, as on state laws controlling ballot qualifying and primary dates.