RICHMOND – Virgil Goode won his Virginia ballot fight Tuesday, overcoming objections by the Republican Party.

Goode, running as the Constitution Party's nominee, will see his name on November's presidential ballot in the Commonwealth.

The Virginia State Board of Elections decided that the signatures and petitions submitted on behalf of Goode and the Constitution Party are valid.

The former Fifth District Congressman's name will appear third in order on the ballot.

The Republican Party of Virginia is contesting the validity of Goode's petition signatures, alleging petition fraud.

Tuesday's decision may have national consequences, perhaps pulling Independent Virginia voters away from Republican nominee Mitt Romney, which is why the GOP, many believe, do not want Goode's name on the ballot of a state whose electoral votes may prove pivotal in November's election result.

“As of right now,” Nikkie Sheridan, the State Board of Elections Confidential Policy Advisor, told The Herald after Tuesday's decision, “he's on (the ballot). And I say, 'as of right now' (but) he's on. I think it would be unlikely that something would change but they did forward the allegations made and the correspondence from the Republican Party of Virginia to the Attorney General's office for investigation; that's all that's happened to this point. But it didn't change anything as far as his petition work and meeting the thresholds to be on the ballot.

“So he was included in the name-drawing that we do for the ballot line-up,” Sheridan said. “We already did the major party drawing back in June and the Republicans got first position and the Democrats got second and…the board drew Virgil's name for the third position today, followed by the Libertarian Party and the Green Party.”

Sheridan said Goode was present at the meeting in Richmond “and made brief remarks in response to the allegations and seemed like he's in good spirits.”

Goode acknowledges his dark horse status but from the moment of his announced bid for the Constitution Party nomination last winter he has spoken with optimism.

In February he told The Herald, “There is more dissatisfaction with Democrats and Republicans than I have seen in a long time. I think a lot of people will look at us as time goes on.”

During a campaign swing in Farmville in late July, Goode denied his campaign could result in the reelection of President Obama, telling The Herald, “”We hope and expect and know we'll take votes from both Obama and Romney. There are a lot, particularly in Southside Virginia, of old line Democrats who won't vote for a Republican under any circumstance. We expect to get some of them.”

Goode said Americans are speaking to him about their dissatisfaction with both Obama and Romney.

“The public, this might be the year they wake up,” he said of his long-shot odds. “You don't have the opportunity but once every four years. If you don't wake up in a presidential election you're never going to wake up.

“They may wake up,” he said of voters, “and roll over on November 5 and say, 'You know what? I'm tired of the multi-millionaires, billionaires running this country. I'm going to go out there and vote for somebody different tomorrow.'”