Failing the competence primary; Update: VA GOP chair statement added

posted at 8:55 am on December 28, 2011 by Ed Morrissey

Candidates for office face many tasks, but a few of those are basic to their mission.  One of the most basic is understanding and meeting the requirements to get onto the ballot in the first place.  Presidential candidates don’t do this themselves, of course; they hire a staff to handle these basic functions, and the performance of their staff becomes a test of the candidate’s competence and executive performance.  Unfortunately, at least two of the Republican presidential hopefuls flunked this test in Virginia, and I write in my column for The Fiscal Times today that this amounts to a competence primary on the eve of the Iowa caucuses.

Both campaigns have claimed some level of victimization, but both Virginia Republicans and the facts don’t support them:

Gingrich and his supporters have argued that he and Perry have been victimized byunreasonable ballot-access rules and by a change of enforcement prompted by a court case this year.  They claim that the Republican Party had never verified signatures in the past, a claim disputed by a contemporaneous account in 2007 by Erick Erickson, a conservative activist and now a CNN commentator.   Erickson included an e-mail from the state GOP informing the campaigns on December 14, 2007, that the party would do “a hard count for number of signatures based on correctness of form” three days later – a process to which Erickson objected at the time as needlessly stringent.

It’s also disputed in an e-mail to me by a Republican Party official at the county level in Virginia (as it happens, a Perry supporter). The official claimed that signature verification has taken place for at least a decade, saying, “This is not Chicago politics.”  Furthermore, Mitt Romney’s campaign sent volunteers to “target rich” party events over the last several months to get signatures in a common, “pitch and catch” process in the state.  He has never seen representatives with petitions for either Gingrich or Perry at these events, where party officials will usually sign petitions for all candidates regardless of whom they support in order to ensure a meaningful primary for Virginia.  Nothing significant has changed in Virginia law on petitions in the past decade, except to make it easier to get signatures by reducing the requirement for Social Security number collection to a voluntary choice.

Remember Fred Thompson?  A popular figure among Republicans, his campaign performance underwhelmed voters who initially flocked to his side in 2007 when he jumped into the race late in the cycle.  Like Perry, Thompson raised a lot of money fast — $21 million for 2007, which will probably end up being quite a bit less than Perry in 2011. With less time than Perry and a campaign that seemed lethargic all year, Thompson still managed to qualify for the ballot in Virginia.  For that matter, so did Dennis Kucinich on the Democratic side, who ended up with a grand total of 1,625 votes in the Virginia primary in 2008, a fraction of the number of required signatures to have qualified for the ballot in the first place.

Michele Bachmann, Rick Santorum, and Jon Huntsman also failed to qualify.  In my column, I attribute that less to executive incompetence than a strategic deployment of very finite resources.  Bachmann and Santorum will be finished if they can’t win, place, or show in Iowa, and Huntsman will be out if he can’t win or place in New Hampshire.  Kucinich managed to qualify even with a small campaign war chest, but Kucinich is more analogous to Ron Paul — a protest candidate marching to the beat of his own drum.  Clearly, Perry had the resources to get on the ballot in Virginia, and Gingrich has lived in Virginia for the last 12 years and couldn’t afford to ignore his own home state.

The Washington Examiner’s Steve Contorno report also disputes the notion that Gingrich, Perry, and the rest of the Republican field got stymied by new processes.  Instead, it’s clear that the campaigns simply didn’t get the job done (via Instapundit):

There is speculation that Gingrich and Perry were rejected because Virginia Republicans used stricter criteria to judge the validity of voters’ signatures, including checking each voter’s current address. The blog Ballot Access News reported that the GOP gave candidates a free pass in previous elections but checked the petitions more diligently this year after Mike Osborne, an independent candidate for state delegate, sued the party over its procedure for verifying signatures.

However, state party officials insisted nothing changed from previous election cycles. Gingrich and Perry simply failed to meet the standard, they said.

Chris Woodfin, third district GOP chairman, said Perry failed to submit 10,000 signatures and Gingrich turned in only a few more than the bare minimum, making it likely that just a few disqualified signatures would prevent him from getting on the ballot.

“I didn’t hear from a lot of these campaigns until the beginning of December or after that. They had since July 1,” Woodfin said. “Some other people might have sympathy for them. I don’t.”

Let’s say for the sake of argument that the Virginia GOP tightened its standards because of the lawsuit last year.  Shouldn’t the campaigns have been in contact with the state party early in this cycle to get a handle on the requirements?  It’s called due diligence, and either way it’s very clear that neither campaign did their due diligence in regard to Virginia.  That speaks directly to executive competence.  Perry has never run a campaign outside of Texas, and Gingrich has never run a campaign outside of his own district in Georgia while serving in the House and hasn’t run at all for more than a decade, and it shows in both cases.  They both showed up late, didn’t bother to determine the task requirements, and ended up failing where Mitt Romney and Ron Paul succeeded.  Perry can’t claim a lack of resources, and for Gingrich, Virginia is his home state, and has been for twelve years.

In my conclusion, I argue that this matters strategically for the GOP:

This takes us back to the competency issue.  If Republicans choose to make executive competence an issue, the failure to understand Virginia ballot law will not speak well of the executive competence of either Gingrich or Perry.  With Gingrich taking hits from former House colleagues on the issue of his managerial competence as Speaker, this is a primary test that Gingrich very much needed to pass.  For Republican voters in Virginia and around the nation, only Mitt Romney and Ron Paul won the competence primary in the Old Dominion, which has to have some impact on the calculus for the rest of the primaries.

It matters even more in the sense of trust.  If these two campaigns were this sloppy about a Super Tuesday primary state, how can Republicans trust them to run a general-election campaign against the Barack Obama re-elect campaign machine?

Update: Via commenter Swamp Yankee, here’s the notice that the VA GOP published to inform campaigns of the petition requirements, among others, to gain a ballot slot.  This went out in March of this year.  A few choice quotes, emphasis mine:

Must be signed by not less than 10,000 qualified voters in Virginia,  including at least 400 qualified voters from each of Virginia’s eleven congressional districts, who attest that they intend to participate in the primary of the same political party as the candidate named on the petition.

Because many people who are not registered to vote will sign a petition, it is recommended that 15,000 – 20,000 signatures be obtained with at least 700 signatures from each congressional district.

Must provide the true signature, the printed full name and the full resident address of each qualified voter and the date each signed the petition.

Virginia Republicans handed candidates a road map.  Petitions could be gathered from July 1 forward, and yet only two of the candidates proved they could follow a map in more than five month’s time.

Update II: The chair of the Republican Party of Viriginia, Pat Mullens, posted a statement on Facebook late last night defending the RPV from accusations that it played favorites in the certification process:

First of all, I am neutral in the Primary. As the Party’s leader I think that it’s important I ensure a level playing field, not take a side. Plus, any one of our nominees will be better than the current occupant of the White House. Our Country is spiraling downward, economically and socially, and we need to be united to win in November, 2012.

Second, the Republican Party of Virginia merely certifies petition signatures. We don’t set ballot access laws. Those laws are set by the General Assembly, not by the RPV.

The candidates for President all knew the laws set by the Commonwealth of Virginia that they needed to abide by to get on the ballot. We can’t change the rules mid-game to right what may or may not be a wrong. The law is the law.

Lastly, this is a personal opinion. Virginia is the cradle of Democracy. The ballot access laws should be modified and streamlined to allow greater participation. We can’t do anything about 2012 at this point. But I do intend to appeal to our General Assembly and elected leaders to bring Virginia’s ballot access more in line with other states — simpler and streamlined with greater access. I think it’s important that the people in Virginia get to vote for the candidate of their choice, not be restricted.

One more thing — Rick Perry sued Virginia, RPV and me today, so I probably going to be told by our lawyers I can’t say anything more about this. It’s not usual that I’m sued by someone I like, but politics is strange, huh? :}

The laws that govern the petitions were documented in March by the RPV to any candidate looking to access the ballot in Virginia, as shown above, but the law is accessible to anyone regardless of whether the RPV made it easy as they did in their March circular.  They even stressed that the usual rate of bad signatures would probably mean collecting a ratio of 3:2 or 2:1 to ensure that enough legitimate signatures were collected between July 1 and mid-December to qualify for the ballot.  I’m not sure what else the RPV was expected to do.

Update III: A few people have pointed to this undated announcement from Pat Mullins as a kind of “smoking gun” to prove that the rules changed late in the game.  However, all this memo does is explain exactly how Virginia law requires the RPV to certify petitions, and doesn’t change anything at all.  State law allows them to assume that a submission of more than 15,000 signatures amounts to enough signatures to assume the 10,000, but otherwise the signatures must be checked against state law, in subsection 24.2-506, which states (emphasis mine):

The name of any candidate for any office, other than a party nominee, shall not be printed upon any official ballots provided for the election unless he shall file along with his declaration of candidacy a petition therefor, on a form prescribed by the State Board, signed by the number of qualified voters specified below after January 1 of the year in which the election is held and listing the residence address of each such voter. Each signature on the petition shall have been witnessed by a person who is himself a qualified voter, or qualified to register to vote, for the office for which he is circulating the petition and whose affidavit to that effect appears on each page of the petition.

Each voter signing the petition may provide on the petition the last four digits of his social security number, if any; however, noncompliance with this requirement shall not be cause to invalidate the voter’s signature on the petition.

Note that the 15,000 threshold is actually less restrictive than the party’s suggestion to get as many as 20,000 to ensure qualification.

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