Virginia court likely to allow Gingrich, Huntsman, Perry and Santorum on the ballot

posted at 5:25 pm on January 10, 2012 by Tina Korbe

The Virginia primary isn’t until March 6; who knows what will happen between now and then? Perhaps one or more candidates among Newt Gingrich, Jon Huntsman, Rick Perry and Rick Santorum will have gone to extraordinary lengths to ensure their names will appear on the Virginia ballot only to be out of the race by the beginning of March anyway.

Nevertheless, those left out in the cold in Old Dominion haven’t given up without a fight — and it looks like they might win it after all. Recall that Perry has filed a ballot access lawsuit — in which he was joined by Gingrich, Huntsman and Santorum. Today, Judge John Gibney filed a five-page order in which he suggests “there is a strong likelihood that the Court will find the residency requirement for petition circulators to be unconstitutional.”

More from The Heritage Foundation’s Hans von Spakovsky:

Yesterday, Judge Gibney ordered the Virginia State Board of Elections to notify all local county electoral boards that they are barred “from ordering any ballots” or “from mailing out any absentee ballots” until after the judge holds a hearing on the case on January 13. The judge says in the order that he will make a decision on the merits of the temporary restraining order (TRO) and preliminary injunction being sought by the candidates on the 13th.

Additionally, the ACLU of Virginia filed an amicus brief today on the side of the Republican presidential candidates, arguing that Virginia’s 10,000-signature requirement for a presidential candidate to appear on the ballot “reduces the quantity of [political] speech available in Virginia, and directly infringes on the First Amendment rights of candidates, voters, petition circulators, and political parties.”

The ACLU also argues that Virginia’s residency requirement for petition circulators is not narrowly tailored to serve a compelling government interest. In fact, the ACLU says that Virginia has “fail[ed] even to articulate a compelling interest.” It asks the court to grant the plaintiffs’ request for a TRO and a preliminary injunction. Looks like the judge agrees with the ACLU.

This has been a debacle from the beginning, and I’m still of the mindset that the failure of the candidates to meet the requirements says more about their campaign organization than the absurdity of the Virginia requirements — but, in the end, if Mitt Romney and a non-Mitt Romney are in a very, very tight race as of March 6, voters will likely be very grateful for this judge’s probable decision.


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“Texas and North Dakota registered the biggest five-year gains in employment.

Texas is the leader in raw numbers, adding 451,100 nonfarm jobs between November 2006 and November 2011. (The latter is the most recent month for which official figures are available.) No other state picked up more than 57,000 jobs during that span.

North Dakota’s increase of 12.7 percent is easily the biggest employment gain in percentage terms. Texas ranks second at 4.4 percent.

The database below contains employment comparisons for all 50 states and D.C. The list can be re-sorted by any column. Just click the appropriate header.

California is the big loser in the employment rankings, with 947,000 of its jobs having slipped away since November 2006.

Nevada has been saddled with the biggest decline in percentage terms, losing 12.7 percent of its employment base during the past five years…”

http://www.bizjournals.com/bizjournals/on-numbers/scott-thomas/2011/12/nine-states-have-added-jobs-since-20

workingclass artist on January 10, 2012 at 7:39 PM

This has been a debacle from the beginning, and I’m still of the mindset that the failure of the candidates to meet the requirements says more about their campaign organization than the absurdity of the Virginia requirements —
Tina Korbe

The campaigns of Newt, Rick, and Rick are to blame for the failure to get on the ballot.

But I STILL say the VRA should should permanently change the rules to allow ‘write-ins.’

listens2glenn on January 10, 2012 at 7:41 PM

SC lost 85,100 jobs from 2006 to 2011…maybe they’ll like Gov. Perry.

http://www.bizjournals.com/bizjournals/on-numbers/scott-thomas/2011/12/nine-states-have-added-jobs-since-20

workingclass artist on January 10, 2012 at 7:42 PM

Good news, Perry fans, Perry is rebooting his campaign for SC and he could make something happen there. Perry has never lost an elect ion and he’s not giving up.

The Perry Campaign Has Reset and Refocused in South Carolina

NickDeringer on January 10, 2012 at 5:46 PM

I hope Perry isn’t done … so looking forward to someone who has actually governed in a conservative manner ….

conservative tarheel on January 10, 2012 at 7:43 PM

… in our Constitution, states are not specifically forbidden from making ex post facto
striking down laws.
Rebar on January 10, 2012 at 5:46 PM

Misquoting you.

S. D. on January 10, 2012 at 7:49 PM

This was a test of executive leadership. Anyone that didn’t make it on the ballot failed that test.

JustTruth101 on January 10, 2012 at 5:42 PM

On the other hand, how cool would it be if the Chief Executive did just what these guys did and, rather than meekly acquiesce, take Obamacare to court, along with the several states, in keeping with his oath “to preserve, protect and defend the Constitution of the United States” from an unconstitutional law? That would be a leader I could vote for.

And, no, I’m not a fan of judicial fiat overriding co-equal branches of government or meddling in politics and elections generally. But a strong Executive recognizes that this is today’s reality, and deals with it.

de rigueur on January 10, 2012 at 7:51 PM

I do believe that Perry and Gingrich submitted more than 10,000 but not the 15,000. VA is tossing out some of their signatures because the ballot circulators were not VA registered Republicans or something like that. Since both Romney and Paul ran in 2008, they had already collected signatures. Plus, the lieutenant governor of VA is running Romney’s VA campaign. The deck was always stacked in Romney’s favor. Lots of shenanigans and transfer of Romney PAC money here and in SC. Doesn’t make me like Romney and just reinforces all his negatives.

monalisa on January 10, 2012 at 7:52 PM

I say it’s absurd that only 2 of the major candidates made the ballot in Virginia, and the only 2 who made it also ran in 2008. People only get to vote every so often and it makes sense to get all the major candidates on the ballot.

The rigid ballot access police need to loosen up. This an election that people want a choice in.

Dr. Tesla on January 10, 2012 at 8:22 PM

Huntsman treat McCain campaign slogan like China treat intellectual property.

LevStrauss on January 10, 2012 at 8:39 PM

But Santorum hasn’t qualified for many other state ballots. So joining Perry’s suit has solved one ballot issue.

After late surge, Rick Santorum could miss state ballot deadlines

Dr Evil on January 10, 2012 at 8:49 PM

bluegill on January 10, 2012 at 5:58 PM

Blah blah blah blah etc…

kg598301 on January 10, 2012 at 8:55 PM

If I was a Romney supporter, I wouldn’t feel the need to shill for him.

He is the probable nominee.

Dr. Tesla on January 10, 2012 at 9:17 PM

Folks Perry as led in Texas on Tort reform,balancing the budget and creating a business friendly environment.

“Texas job growth in 2012 will reach about 2 percent for the third consecutive year, Federal Reserve Senior Economist Keith Phillips said Tuesday.

Two percent equates to a net increase of 200,000 jobs statewide, Phillips said during a luncheon held at the San Antonio branch office of the Federal Reserve Bank of Dallas and attended by about 60 invited South Texas business leaders.

Texas annual job growth was 2.1 percent in both 2010 and 2011, Phillips said, fueled by expansions in the energy, high-tech and export sectors.

The growth rates for those industries will slow in 2012, Phillips said, but construction in apartments, offices and houses will offset that to keep job growth steady in Texas.

Texas job growth is expected to continue outpacing the national rate. The U.S. rate was 0.7 percent in 2010 and 1.2 percent in 2011. Phillips predicted U.S. job growth will rise slightly to 1.3 percent in 2012.”

http://www.chron.com/business/article/Economist-predicts-200-000-new-Texas-jobs-in-2012-2456784.php

workingclass artist on January 10, 2012 at 10:09 PM

But Santorum hasn’t qualified for many other state ballots. So joining Perry’s suit has solved one ballot issue.

After late surge, Rick Santorum could miss state ballot deadlines

Dr Evil on January 10, 2012 at 8:49 PM

Perry is on those ballots…Is Newt or Huntsman?

workingclass artist on January 10, 2012 at 10:13 PM

Somehow, I just don’t see the guy with early dementia who brought us the Gardasil mandate and the Texas version of the Dream Act, who is now attacking capitalism, capturing the GOP nomination after getting 1% of the vote in NH.

talkingpoints on January 11, 2012 at 12:45 AM

“This has been a debacle from the beginning, and I’m still of the mindset that the failure of the candidates to meet the requirements says more about their campaign organization than the absurdity of the Virginia requirements …” – T.K.

Okay.
Is there any limit as to how much a candidate needs to spend in order to get on a freakin’ ballot? The money needs to be trimmed down from its ridiculously high levels. Otherwise, we might as well turn the gubmint over to only those who can afford to have a network up and functioning in all “57 States”.
How about we just Immaculate the candidate who raises the most money or uses his trust fund, wealthy pals and a boatload of ill-gotten gains.
It worked for Joe Kennedy, Sr. and Ø’Bumbler so it must be okay. /sarc
Let the VOTERS vote!

~(Ä)~

Karl Magnus on January 11, 2012 at 8:33 AM

Oh good, now we can stop arguing about who has the best internal machinations at the state level to manufacture enough fake signatures to get onto a primary ballot uncontested, rather than just going out and seeing if just under 0.4% of the voting population would put their name on your paper to be president.

The Schaef on January 11, 2012 at 9:32 AM

The test for leadership is challenging stupid BS and getting your opponents to jump on board.

workingclass artist on January 10, 2012 at 5:44 PM

Hey, hey, workingclass artist!!
You said it! Love the way your mind works. :)

avagreen on January 11, 2012 at 2:54 PM

Somehow, I just don’t see the guy with early dementia who brought us the Gardasil mandate and the Texas version of the Dream Act, who is now attacking capitalism, capturing the GOP nomination after getting 1% of the vote in NH.

talkingpoints on January 11, 2012 at 12:45 AM

Early dementia? You mean flying between the debates and the wildfires in Texas, while directing the wildfire fights from the air while recovering back surgery weeks before that most men can’t even stand that soon, and then forgetting one department? You gotta be kiddin’. I’ll take that kind of “dementia” any day.

Gardasil mandate? Not even a subject any more in Texas since Perry’s attempt at making these $360 series of shots available to the poor of Texas by making insurance pay for them by “mandating” them. He then passed another EO to rescind his first one when the clamor happened. It’s refreshing to see a man, any man admit when they are wrong, apologize, and then make amends.
Get a clue and try to keep up.

In-state tuition (which is also being carried by 13 other states) is not the same as the Dream Act. Not by a landslide. But a nice try. Again, try to keep up.

1% in NH: Pretty darn good since he didn’t campaign in this liberal state (because he and most of the nation knew that Romney would win……because like…..he lives there!!!!), but still got 1% of the vote. Again, try to keep up.

What other weak ammo have you got?

avagreen on January 11, 2012 at 3:04 PM

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