Perry sues Virginia elections board to gain ballot access

posted at 9:00 pm on December 27, 2011 by Allahpundit

Taegan Goddard provides the obligatory zinger about a noted fan of states rights and the Tenth Amendment asking a federal judge to overrule Virginia’s preferences on ballot access. The statement from Team Perry:

“Gov. Perry greatly respects the citizens and history of the Commonwealth of Virginia and believes Virginia Republicans should have greater access to vote for one of the several candidates for President of the United States,” said Perry campaign communications director Ray Sullivan.

“Virginia ballot access rules are among the most onerous and are particularly problematic in a multi-candidate election. We believe that the Virginia provisions unconstitutionally restrict the rights of candidates and voters by severely restricting access to the ballot, and we hope to have those provisions overturned or modified to provide greater ballot access to Virginia voters and the candidates seeking to earn their support.”

Here’s the complaint, which is mercifully short. One interesting bit comes in paragraph 18, which says Perry submitted “over 6,000 petition signatures from qualified Virginia voters.” According to the Virginia GOP, he submitted more than 11,900 signatures total, which I guess means … only slightly more than half were from qualified voters? Good lord. The other important part, which you should take two minutes to read, is Count 1 spanning paragraphs 24 through 28. He’s arguing that Virginia’s requirement that petition circulators all be residents of the state who are either registered to vote or eligible to be registered imposes a too-heavy burden on his right to engage in political speech and therefore violates the First Amendment. Is he right? Well, here’s the leading Supreme Court precedent that he cites, which is also mercifully short. Skip down to section III and take two more minutes to read that. The question for the Court in that case was ever so slightly different: Colorado law allowed only currently registered voters to be petition circulators, not people who were eligible but who hadn’t registered yet. It was slightly more restrictive than Virginia’s system, in other words — and the Court found that it did in fact violate the First Amendment. Key quote:

Colorado seeks to ensure that circulators will be amenable to the Secretary of State’s subpoena power, which in these matters does not extend beyond the State’s borders… The interest in reaching law violators, however, is served by the requirement, upheld below, that each circulator submit an affidavit setting out, among several particulars, the “address at which he or she resides, including the street name and number, the city or town, [and] the county.”… This address attestation, we note, has an immediacy, and corresponding reliability, that a voter’s registration may lack. The attestation is made at the time a petition section is submitted; a voter’s registration may lack that currency.

ACLF did not challenge Colorado’s right to require that all circulators be residents, a requirement that, the Tenth Circuit said, “more precisely achieved” the State’s subpoena service objective… Nor was any eligible-to-vote qualification in contest in this lawsuit. Colorado maintains that it is more difficult to determine who is a state resident than it is to determine who is a registered voter… The force of that argument is diminished, however, by the affidavit attesting to residence that each circulator must submit with each petition section.

In sum, assuming that a residence requirement would be upheld as a needful integrity-policing measure — a question we, like the Tenth Circuit … have no occasion to decide because the parties have not placed the matter of residence at issue — the added registration requirement is not warranted.

In other words, the Supremes specifically refused to say how demanding the state could be in setting qualifications for petition circulators. The only rule they laid down was that you can’t limit the group to registered voters; at the very least, both registered voters and people eligible to register must be permitted, which is what Virginia does. The next step beyond that is to ask whether the state can constitutionally limit circulators to just those two groups or whether they have to let any U.S. resident be a circulator so long as they’re willing to provide an address at which the secretary of state can reach them. That’s what Perry’s arguing here; obviously, he would have loved to be able to ship volunteers from Texas into Virginia and have them circulate petitions instead of wasting time recruiting local supporters to do it for him. So I ask again: Is he right? A law professor interviewed by NBC says the lawsuit “now faces long odds, both legally and politically” (partly because they should have challenged Virginia’s requirements earlier), but some federal appellate courts have sided with Perry on this. Here’s one case, from the Tenth Circuit, finding state residency requirements for petition circulators unconstitutional; two other federal appellate courts have ruled similarly. The question is whether the Fourth Circuit, which covers Virginia, will rule the same way. How lucky do you feel?


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winning!

freshface on December 27, 2011 at 9:03 PM

WINNING!

1punchWill on December 27, 2011 at 9:06 PM

Go Team Perry – this has smelled rotten from the beginning.

I hope Newt gets on too.

gophergirl on December 27, 2011 at 9:06 PM

GOOD! :)

sicoit on December 27, 2011 at 9:06 PM

I’d be disappointed if he didn’t put up a fight.

El_Terrible on December 27, 2011 at 9:07 PM

So he openly admits he only has 6,000 signatures when 10,000 were required and he’s really going ahead with this?

**many face palms**

JPeterman on December 27, 2011 at 9:08 PM

AP….that was quick:)

canopfor on December 27, 2011 at 9:08 PM

therightman lol

renalin on December 27, 2011 at 9:08 PM

This bozo should have stayed in Texas! The GOP nomination becomes more and more ridiculous by the day. GOP is not a serious party.

promachus on December 27, 2011 at 9:08 PM

Texan Tempest in zee Teapot!!
(sarc)

canopfor on December 27, 2011 at 9:09 PM

Too stupid and disorganized to qualify through state laws that have been known for years, and now wants to sue to try and legalize his way around the law.

No wonder he has so many fans.

mythicknight on December 27, 2011 at 9:09 PM

This bozo should have stayed in Texas! The GOP nomination becomes more and more ridiculous by the day. GOP is not a serious party.

promachus on December 27, 2011 at 9:08 PM

promachus:The GOP will Betray You(True_King)(sarc)!

canopfor on December 27, 2011 at 9:10 PM

Tort reform?

KOOLAID2 on December 27, 2011 at 9:11 PM

D@mn..
A governor that wants to run for Prez….
And isn’t backing down….
Now matter how challenging the future looks….
A first?

Electrongod on December 27, 2011 at 9:11 PM

VA GOP gets another FAIL on this one. What an incompetent group of idiots (the VA Senate GOP is absolutely horrendous) – 2 of the 9 candidates can get on your ballot? You have just rendered yourself irrelevant. Good job. Very grateful that I don’t live there anymore.

besser tot als rot on December 27, 2011 at 9:11 PM

Rick has an excuse – everybody already knows he’s dopey. What’s Newts excuse (aside from the fact that he was busy manning the AA guns shooting down Zero’s)?

1punchWill on December 27, 2011 at 9:11 PM

Note to campaigns:

You can’t count on volunteers for everything; sometimes you have to pay for results.

Would it have been that costly to hire people to get these signatures? Also, the weaker campaigns could have pooled resources, had people sign off on multiple candidates.

mockmook on December 27, 2011 at 9:11 PM

This issue, as far as I know, has not been to the 4th Circuit, nor has a residency requirement vice a registered voter one, been to SCOTUS. In 2000, he 8th Circuit, in Initiative & Referendum Institute v Jaeger, upheld North Dakota’s residency requirement for petition circulators.

The part, beyond only less-than-7,000 signatures, that is damning Perry is it appears he didn’t even start until October 31, when he finally got around to declaring for Virginia’s primary ballot.

Steve Eggleston on December 27, 2011 at 9:12 PM

Thank you, Governor Perry, for trying to help me get a chance to vote for a candidate other than Mitt Paul. :-)

Punchenko on December 27, 2011 at 9:12 PM

Sue the states SUE THE STATES!!!!!

Wait, we talkin bout Obama or Perry? YEEEEEHAAAAAAAAW!!!!!

Jailbreak on December 27, 2011 at 9:12 PM

People like Rick Perry make me ashamed of this once great party. The GOP is slowly becoming the party of Stupid. As Bush started the whole “compassionate conservatism” nonsense. People like Rick Perry, Christine O’Donnell, Sharon Angle, et al. are inventing a new type of conservatism -> Stupid Conservatism.

Firecracker729 on December 27, 2011 at 9:12 PM

It’s 6,000 signatures which met all criteria. 11,000+ if non-valid (under VA criteria) circulators were included.

Keep in mind that VA changes the rules in November.

Kermit on December 27, 2011 at 9:13 PM

So he openly admits he only has 6,000 signatures when 10,000 were required and he’s really going ahead with this?

**many face palms**

JPeterman on December 27, 2011 at 9:08 PM

“over 6000″ somehow becomes an “admission” of “only 6000″?

besser tot als rot on December 27, 2011 at 9:13 PM

People like Rick Perry make me ashamed of this once great party. The GOP is slowly becoming the party of Stupid. As Bush started the whole “compassionate conservatism” nonsense. People like Rick Perry, Christine O’Donnell, Sharon Angle, et al. are inventing a new type of conservatism -> Stupid Conservatism.

Firecracker729 on December 27, 2011 at 9:12 PM

People like you make me be ashamed of being an English speaker.

besser tot als rot on December 27, 2011 at 9:14 PM

Keep in mind that VA changes the rules in November.

Kermit on December 27, 2011 at 9:13 PM

That is what this is all about isn’t it.

gophergirl on December 27, 2011 at 9:14 PM

the GOP primary has devolved into a circus… sigh

cjv209 on December 27, 2011 at 9:15 PM

Cry baby.

Rational Thought on December 27, 2011 at 9:15 PM

This has Romney written all over it..

liberal4life on December 27, 2011 at 9:15 PM

People like Rick Perry make me ashamed of this once great party. The GOP is slowly becoming the party of Stupid. As Bush started the whole “compassionate conservatism” nonsense. People like Rick Perry, Christine O’Donnell, Sharon Angle, et al. are inventing a new type of conservatism -> Stupid Conservatism.

Firecracker729 on December 27, 2011 at 9:12 PM

+1

I think it started with the Rush Limbaughs of the world replacing the William F Buckleys of the world. Rush thinks he is like Buckley but is the exact opposite. Buckley was a product of the Ivy League and was an educated and thoughtful man. People like Rush and Gingrich and Palin and Perry and others look down their noses at people who excelled in education and accomplished things. They are the pied pipers bringing the rats down to drown in the ocean.

Jailbreak on December 27, 2011 at 9:16 PM

VA GOP gets another FAIL on this one. What an incompetent group of idiots (the VA Senate GOP is absolutely horrendous) – 2 of the 9 candidates can get on your ballot? You have just rendered yourself irrelevant. Good job. Very grateful that I don’t live there anymore.

besser tot als rot on December 27, 2011 at 9:11 PM

RPV is really, really awful. :-(

Punchenko on December 27, 2011 at 9:16 PM

They changed the rules in November, 2011 knowing that Romney already had the previous lists from his run in 2008.

sharrukin on December 27, 2011 at 9:16 PM

Last week: “I support the Tenth Amendment and oppose activist judges.”

This week: “Hey federal judge, do something about these Virginia election rules.”

Mark1971 on December 27, 2011 at 9:16 PM

People like Rick Perry, Christine O’Donnell, Sharon Angle, et al. are inventing a new type of conservatism -> Stupid Conservatism.

Firecracker729 on December 27, 2011 at 9:12 PM

Yep. “Proud to be a bible-thumping ignoramous with no world knowledge that claims to love America”

Daikokuco on December 27, 2011 at 9:16 PM

This has Romney written all over it..

liberal4life on December 27, 2011 at 9:15 PM

Does anybody still think this guy is a liberal? Obviously he is a troll…and not a very clever one either.

Jailbreak on December 27, 2011 at 9:16 PM

Perry is a loser. He should have spent more time working to get on the Virginia ballot. It wasn’t like he lacked the cash. His failure to get on the ballot is about three times worse than the failure of other candidates given his money and connections. His acting like a typical lib–fail to perform your job and then whine when things don’t turn out right.

andy85719 on December 27, 2011 at 9:17 PM

This has Romney written all over it..

liberal4life on December 27, 2011 at 9:15 PM

It sure does!

Punchenko on December 27, 2011 at 9:17 PM

*He is acting

andy85719 on December 27, 2011 at 9:18 PM

So he openly admits he only has 6,000 signatures when 10,000 were required and he’s really going ahead with this?

**many face palms**

JPeterman on December 27, 2011 at 9:08 PM

No, he submitted 12K, but apparently 6K of that were ruled defective.

mockmook on December 27, 2011 at 9:18 PM

“over 6000″ somehow becomes an “admission” of “only 6000″?

besser tot als rot on December 27, 2011 at 9:13 PM

Did you read what AP wrote? Or the complaint?

Here’s the complaint, which is mercifully short. One interesting bit comes in paragraph 18, which says Perry submitted “over 6,000 petition signatures from qualified Virginia voters.” According to the Virginia GOP, he submitted more than 11,900 signatures total, which I guess means … only slightly more than half were from qualified voters?

JPeterman on December 27, 2011 at 9:19 PM

This related story appeared at Big Government yesterday. If accurate, it explains why most of the candidates didn’t make the ballot this cycle…

Gohawgs on December 27, 2011 at 9:19 PM

Complaint legal thingy!
========================

http://www.rickperry.org/content/uploads/2011/12/Perry-VA-Ballot-Access.pdf

canopfor on December 27, 2011 at 9:19 PM

It sure does!

Punchenko on December 27, 2011 at 9:17 PM

Is Newt going to do anything?

gophergirl on December 27, 2011 at 9:20 PM

Last week: “I support the Tenth Amendment and oppose activist judges.”

This week: “Hey federal judge, do something about these Virginia election rules.”

Mark1971 on December 27, 2011 at 9:16 PM

As long as the voters of Virginia never get to make a choice between Romney and any other viable candidate. That as we all know would be a disaster for Romney. You know who else liked to play political insider football to prevent voters from getting to make a choice?
Obama.

sharrukin on December 27, 2011 at 9:21 PM

People like Rush and Gingrich and Palin and Perry and others look down their noses at people who excelled in education and accomplished things. They are the pied pipers bringing the rats down to drown in the ocean.

Jailbreak on December 27, 2011 at 9:16 PM

Educate me…

They changed the rules in November, 2011 knowing that Romney already had the previous lists from his run in 2008.

sharrukin on December 27, 2011 at 9:16 PM

No, he submitted 12K, but apparently 6K of that were ruled defective.

mockmook on December 27, 2011 at 9:18 PM

Interesting…

Electrongod on December 27, 2011 at 9:22 PM

It sure does!

Punchenko on December 27, 2011 at 9:17 PM

Why, because Romney’s not as stupid as Newt and Perry and actually got on the ballot?

Pass the tinfoil.

1punchWill on December 27, 2011 at 9:22 PM

we need some hot yellow kool-aid over there in Virginny…straighten them fellas out real quick

thedevilinside on December 27, 2011 at 9:22 PM

This related story appeared at Big Government yesterday. If accurate, it explains why most of the candidates didn’t make the ballot this cycle…

Gohawgs on December 27, 2011 at 9:19 PM

So our candidates relied on not being checked but got caught with their pants down?

Egh…

mythicknight on December 27, 2011 at 9:22 PM

I read the petition. As far as I can tell Perry only subitted 6000
signatures.

The 11,900 amount was
never said by anyone but the Perry campaign.

I would somebody to post a link to any official capacity saying

that Perry actually submitted 11,900 and was disqaulified down to 6000.

gerrym51 on December 27, 2011 at 9:23 PM

So Perry submitted a bunch of phony signatures? Cheating? If RuPaul can get on the ballot, Perry has no excuses.

andy85719 on December 27, 2011 at 9:24 PM

Hmmmm… if about half of Perry’s signatures were invalidated, I wonder how many of Romney’s 15,000 would be? Let’s see… half of 15,000 would be… not enough to be on the VA ballot. Of course, since his were deemed acceptable without having to be verified I guess we’ll never know, will we?


My, how terribly convenient.

Snorkdoodle Whizbang on December 27, 2011 at 9:25 PM

Wtf difference does it make if the petitioners live in the state?? Don’t campaigns routinely try to get people from other states to make calls and even travel to knock on doors?

Southernblogger on December 27, 2011 at 9:25 PM

Go Team Perry!

sunshinek67 on December 27, 2011 at 9:26 PM

Someone please tell me they keep Rick away from loaded firearms.

Dack Thrombosis on December 27, 2011 at 9:27 PM

So Perry submitted a bunch of phony signatures? Cheating? If RuPaul can get on the ballot, Perry has no excuses.

andy85719 on December 27, 2011 at 9:24 PM

Do you even think before you post – at all – EVER?

gophergirl on December 27, 2011 at 9:27 PM

So Perry submitted a bunch of phony signatures? Cheating? If RuPaul can get on the ballot, Perry has no excuses.

andy85719 on December 27, 2011 at 9:24 PM

And conveniently Romney’s signatures weren’t checked in 2008 and they won’t be checked this year either.

sharrukin on December 27, 2011 at 9:28 PM

andy85719 on December 27, 2011 at 9:24 PM

I believe RP turned in enough signatures that his were not even vetted. You may have 10 Paulnuts making up info for 15000 signatures.

Southernblogger on December 27, 2011 at 9:28 PM

If you can’t deal with this ballot stuff, Obama will crush you mercilessly. God, all you needed was 10000 sigs.

andy85719 on December 27, 2011 at 9:28 PM

Ah, finally thread, so I can post this in the proper place:

I would like to see the actual Perry complaint. On what grounds is he suing? My quick take as a Perry advisor would be to argue that by having the GOP primary governed by state law, instead of by the VA GOP party rules, the Equal Protection clause may have been violated by not checking Romney and Paul’s signatures with the same standard as Perry’s and Gingrich’s were.

Perry would have a much weaker case were they to have verified Romney’s and Paul’s signatures, instead of just checking off the 15K-signature box.

The problem with checking out a batch of 14,999 signatures more carefully than a batch of 15,000, is that the individual weight of each potential vote in the primary is treated differently in the two batches, with the result of voters in the 14,999 batch being denied the right to vote for their candidate. Cf. Bush v. Gore.

The law that allows a batch of 15,000 signatures to pass unverified, is in direct opposition to the law that requires 10,000 valid signatures. The first law obstructs the second law. The two laws are in conflict.

cane_loader on December 27, 2011 at 9:28 PM

No, he submitted 12K, but apparently 6K of that were ruled defective.

mockmook on December 27, 2011 at 9:18 PM

That is not what the complaint says in paragraph 18. I can’t copy and paste it but it says…

“On December 22, 2011 Plaintiff submitted to the board over 6,000 signatures from qualified Virginia voters”

JPeterman on December 27, 2011 at 9:28 PM

Virginia Attorney General agrees with Perry and Gingrich:


I would throw out for consideration that we should lower our requirements to 100 legitimate signatures per congressional district.

Let’s face it, absent a serious write-in challenge from some other candidate, Virginia won’t be nearly as ‘fought over’ as it should be in the midst of such a wide open nomination contest. Our own laws have reduced our relevance. Sad.

The rules were changed just last month and with a 50% increase of the number of sigs — benefiting only those who have run before and excluding grassroots campaigns.

Good for Perry and Gingrich taking action.

-Aslan’s Girl

Aslans Girl on December 27, 2011 at 9:30 PM

Wtf difference does it make if the petitioners live in the state?? Don’t campaigns routinely try to get people from other states to make calls and even travel to knock on doors?

Southernblogger on December 27, 2011 at 9:25 PM

Yeah, seems absurd when one considers how many democrat voters don’t live in the states they vote in when it looks like the vote will be close!

Rational Thought on December 27, 2011 at 9:30 PM

Dack Thrombosis on December 27, 2011 at 9:27 PM

No
/coyote who was going to attack Rick’s dog

Southernblogger on December 27, 2011 at 9:30 PM

I would like to see the actual Perry complaint.
cane_loader on December 27, 2011 at 9:28 PM

Link to the complaint….taken from AP’s post.

JPeterman on December 27, 2011 at 9:31 PM

The rules are too tough mommy, please make them easier. Babies.

andy85719 on December 27, 2011 at 9:31 PM

So is this the Battle of Midway?

1punchWill on December 27, 2011 at 9:31 PM

Loser Pays

Kini on December 27, 2011 at 9:32 PM

So Perry is suing with a narrow scope – only on the residency of the petition gatherers. He must know something about how many signatures were rejected due to this reason, and think it would put him over the top.

He has the larger issue I discussed above, of Equal Protection, but that likely would be a longer, more complex case, requiring more time and money.

cane_loader on December 27, 2011 at 9:32 PM

Hopefully, too, people will finally get this through their heads:

previous campaigns (like Keyes) were able to get on the ballot in previous cycles because as long as the candidate submitted 10,000 raw sigs, they WERE NOT CHECKED. That has been changed only this cycle and only last month! If this year was like other years, Perry and Gingrich would be on automatically. Further, perhaps Bachmann, Santorum, and Huntsman would’ve also tried for it, but they were possibly scared away due to the new strictness.

Aslans Girl on December 27, 2011 at 9:32 PM

Link to the complaint….taken from AP’s post.

JPeterman on December 27, 2011 at 9:31 PM

Yep, I read too quickly. Now I’ve read it.

Perry’s going for a single, instead of a home run. Maybe that’s all he thinks he needs.

cane_loader on December 27, 2011 at 9:33 PM

So he openly admits he only has 6,000 signatures when 10,000 were required and he’s really going ahead with this?

**many face palms**

JPeterman on December 27, 2011 at 9:08 PM

I’d say that the 6000+ signatures are the ones that passed the Virginia law’s requirements, and are a point of fact, not contestable as the actual number submitted by the campaign.

Sekhmet on December 27, 2011 at 9:33 PM

Equal Protection? This isn’t a constitutional issue. Failitician apologists sound so pathetic.

andy85719 on December 27, 2011 at 9:33 PM

The rules are too tough mommy, please make them easier. Babies.

andy85719 on December 27, 2011 at 9:31 PM

These rules are NEW. Benefitting MITT. AND the AG for VA thinks they are onerous, too, and is making VA irrelevent.

Aslans Girl on December 27, 2011 at 9:33 PM

So much for state rights.

haner on December 27, 2011 at 9:34 PM

Well somebody had to do it.

……….

Gohawgs, yeah, I saw that. Snarky bidness with the Elites. Thanks for bringning that to the forefront again.

For some reason, lately I have peace.

Key West Reader on December 27, 2011 at 9:34 PM

cane_loader on December 27, 2011 at 9:28 PM

Legal Insurrection has a copy embedded into the post.

http://legalinsurrection.com/2011/12/rick-perry-files-suit-over-virginia-ballot-access/#comments

INC on December 27, 2011 at 9:34 PM

but they were possibly scared away due to the new strictness.

Great sign that they have what it takes to be commander in chief.

MITTMENTUM.

1punchWill on December 27, 2011 at 9:34 PM

These rules are NEW. Benefitting MITT. AND the AG for VA thinks they are onerous, too, and is making VA irrelevent.

Aslans Girl on December 27, 2011 at 9:33 PM

They are not new. Thompson and Giuliani all managed 15,000 petitions in 2008 primary.

haner on December 27, 2011 at 9:35 PM

Virginia GOP Changed Rules 2 Months Ago in the Middle of the Campaign
**********

Virginia GOP Changed Rules 2 Months Ago in the Middle of the CampaignHome – by BigFurHat – December 27, 2011 – 07:00 America/New_York

From Doug Ross

http://directorblue.blogspot.com/
**********************************

Based upon several reliable reports at RedState, it would appear that Virginia’s GOP establishment changed the rules of ballot access just last month. Front-runner Newt Gingrich, for one, saw his campaign hurt badly by reports that it bungled the Virginia ballot process which saw he and Rick Perry excluded despite each turning in over 10,000 signatures. But if the new reports are true, the state GOP has a hell of a lot to account for.

Moe Lane provides the introduction:

…the very short version is that the VA GOP only certified Mitt Romney and Ron Paul for its primary ballot. Rick Perry and Newt Gingrich both had too many signatures tossed; Jon Huntsman, Rick Santorum, and Michele Bachmann didn’t even try. Of the seven candidates, one (Romney) had more than enough signatures (15K) to bypass the verification process entirely. All of this has caused a lot of agitation among Republicans following the primary process, of course; and not just from people who disapprove of what the VA GOP has done…

…There has been a good deal of defending of the outcome; and one argument heavily used in this defense has been that the campaigns all knew the rules and that previous Republican campaigns were able to get on the ballot, so clearly a competent current Republican campaign should have done so.

One small problem with that: as Winger argues, the rules were allegedly drastically changed. In November of this year.

So what changed?

…prior to the 2012 elections it was Republican party policy in Virginia to simply deem any candidate that brought in ten thousand raw signatures as having met the primary ballot requirements under Virginian state election law.

Under these rules, of course, both Newt Gingrich and Rick Perry would have qualified easily.

And why did the rules change?

…On October 24th independent state delegate candidate Michael Osborne filed suit against the Republican party of Virginia [challenging the signature review process and who performs it] … according to Winger the VA GOP decided in response to bump up from 10K to 15K the threshold for simply deeming the requirements as being met.

…I think that John Fund’s general comment is correct: this is going to go to the courts. John was not discussing this specific wrinkle, but his larger point that Virginia’s ballot access policies have systemic problems gets a big boost when it turns out that the state party can effectively increase by fifty percent the practical threshold for ballot access – in a day, and in the middle of an existing campaign.

…If it is true that the Republican party of Virginia decided in November of 2011 to increase the threshold for automatic certification from 10K to 15K, then it is reasonable to suggest that this was a change that unfairly rewarded candidates who had previously run for President in Virginia.

Lane asserts that the state GOP has ultimate control of the ballot and could, if pressed, decide to certify Gingrich and Perry.

Either way, the issue is going to the courts.

And, either way, the Virginia GOP looks incompetent… or ill-intentioned against conservative candidates.

Action Alert: I urge you to contact the Virginia GOP and demand that they include Gingrich and Perry on the ballot. Be polite, but firm. There’s no excuse for issuing new rules at the last minute that just happen to exclude the leading candidates. In fact, it’s an outrage.

• Email: Contact Form
• Phone: 804-780-0111
• Fax: 804-343-1060
• Facebook: http://www.facebook.com/VirginiaGOP
• Twitter: @va_gop

Added: 7 hours ago Occurred On: Dec-27-2011
===========================================

http://www.liveleak.com/view?i=00c_1324993847

canopfor on December 27, 2011 at 5:03 PM

canopfor on December 27, 2011 at 9:35 PM

So is this the Battle of Midway?

1punchWill on December 27, 2011 at 9:31 PM

No, it’s the battle to enfranchise Virginia Republicans with their choice of candidates OTHER than a liberal Democrat from MA or crazy man, Ron Paul. We should be able to write-in the candidate of our choosing.

Punchenko on December 27, 2011 at 9:35 PM

What a moron this guy is. He really does make W look like a certified genius. Mr. Tenth Amendment himself going and crying like a baby to a federal court, and he’s not even leading in the VA polls. Not only was he not going to win VA anyway, which means he has nothing to gain whatsoever here, but he’s given every other candidate ammo to use against him when the “states’ rights” crap comes up again. Especially Newt Gingrich, who is leading in the VA polls and does have a lot to lose if he can’t make it on the ballot. If Rick Perry wins this suit then the upshot will probably be a settlement whereby the state of VA just allows every candidate to be placed on the ballot, including Newt Gingrich. Way to go, smart guy. You just handed Newt Gingrich a wonderful late christmas gift and missed a golden opportunity to burnish your “Tenth Amendment” creds by issuing a statement that you respect the right of Virginia to determine its own primary rules.

theodore on December 27, 2011 at 9:36 PM

Sekhmet on December 27, 2011 at 9:33 PM

They will back down within the next 78 hours.

Not 72, 78.

Key West Reader on December 27, 2011 at 9:36 PM

As i said on prior post -ONLY THE PERRY CAMPAIGN SAID THEY HAD 11,900 signatures. the filing complaint said they only submitted
6000

it says nothing of signatures being invalidated.

gerrym51 on December 27, 2011 at 9:37 PM

Everyone new the rules. Needed 10000 valid sigs to get on the ballot. Apparently Perry and Gingrich decided they would fill out phony ballots.

andy85719 on December 27, 2011 at 9:37 PM

Know what we call Texas Toast here in Texas?

Toast.

We’ll leave the light on for you, Governor.

Ladysmith CulchaVulcha on December 27, 2011 at 9:38 PM

*knew

andy85719 on December 27, 2011 at 9:38 PM

People like Rush and Gingrich and Palin and Perry and others look down their noses at people who excelled in education and accomplished things. They are the pied pipers bringing the rats down to drown in the ocean.

Jailbreak on December 27, 2011 at 9:16 PM

No they don’t. Unlike you, and unlike Buckley, they just don’t think that “Ivy League” and lots of money confer some sort of exalted status. I’m a little tired of moderates grave-robbing prominent conservatives. In 1980, your type would’ve been fully behind Bush Sr.

ddrintn on December 27, 2011 at 9:38 PM

canopfor on December 27, 2011 at 9:35 PM

Thank you for reposting, it’s obviously needed!

Aslans Girl on December 27, 2011 at 9:39 PM

It’s 6,000 signatures which met all criteria. 11,000+ if non-valid (under VA criteria) circulators were included.

Keep in mind that VA changes the rules in November.

Kermit on December 27, 2011 at 9:13 PM

So, in other words, Perry doesn’t feel that the law should apply to him since he’s special?

As a Virginia resident, this just confirms what I already believed about Perry, he’s amateur hour. You can’t find a handful of people in VA to go solicit signatures? You have to import your people from elsewhere? That doesn’t make the confidence meter rise at all.

As far as Newt is concerned, I never really thought he was trying to run for President anyway, so it doesn’t surprise me that he failed at getting on the ballot. Perry on the other hand thought he was going to be the nominee just by announcing his candidacy.

Spliff Menendez on December 27, 2011 at 9:39 PM

These rules are NEW. Benefitting MITT. AND the AG for VA thinks they are onerous, too, and is making VA irrelevent.

Aslans Girl on December 27, 2011 at 9:33 PM

Can you show us where the rules were actually changed?

JPeterman on December 27, 2011 at 9:39 PM

Well its understandable why the Romney campaign would choose this route. How are they ever going to win if voters are given a chance to actually cast a ballot for NotRomney?

sharrukin on December 27, 2011 at 9:39 PM

The other important part, which you should take two minutes to read, is Count 1 spanning paragraphs 24 through 28. He’s arguing that Virginia’s requirement that petition circulators all be residents of the state who are either registered to vote or eligible to be registered imposes a too-heavy burden on his right to engage in political speech and therefore violates the First Amendment.

Actually, the crux of the argument, I think, is paragraph 21. Virginia’s law would prohibit a candidate who meets the qualifications for running for president from going door to door himself to collect the petition signatures. I don’t think that would be viewed as sitting well constitutionally, and if that is true, then, by extension, why can’t the candidate have another who doesn’t live in Virginia do it as well.

I really don’t like the idea of having out of staters invade a state to collect signatures, generally, but I do think that an exception to that should exist for the Presidential ballot.

Dusty on December 27, 2011 at 9:39 PM

So our candidates relied on not being checked but got caught with their pants down?

Egh…

mythicknight on December 27, 2011 at 9:22 PM

That, or they relied on what had been VA’s past practice…

Gohawgs on December 27, 2011 at 9:40 PM

* LIKE Buckley, that should be

ddrintn on December 27, 2011 at 9:40 PM

I’m a little tired of moderates grave-robbing prominent conservatives. In 1980, your type would’ve been fully behind Bush Sr.

ddrintn on December 27, 2011 at 9:38 PM

What a great phrase.

INC on December 27, 2011 at 9:40 PM

While I don’t have any problem with the 4th Circuit finding the registration are too stringent, I do think that Perry and Newt fans have to at least admit that their candidates showed a complete lack of competence. Perry, with his millions, should have been prepared for this. So should a career politician like Newt, who is a Virginia resident.

I can see these two bumbling like this in a general election. The stakes are high in the primary, and they screw it up. How can they take the heat in the general election?

cd98 on December 27, 2011 at 9:40 PM

No, it’s the battle to enfranchise Virginia Republicans with their choice of candidates OTHER than a liberal Democrat from MA or crazy man, Ron Paul. We should be able to write-in the candidate of our choosing.

Punchenko on December 27, 2011 at 9:35 PM

You’re a troll. Your “candidates” weren’t smart enough to figure out how to get on the ballot. They’re obviously not capable of running an entire country. Go cry about it.

1punchWill on December 27, 2011 at 9:40 PM

Three little words: What. A. Wuss.

rogaineguy on December 27, 2011 at 9:41 PM

canopfor on December 27, 2011 at 9:35 PM

Thank you for reposting, it’s obviously needed!

Aslans Girl on December 27, 2011 at 9:39 PM

This is HA – people won’t listen no matter how many times you put facts in front of their face.

gophergirl on December 27, 2011 at 9:41 PM

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