Skip to comments.Perry filed an emergency motion seeking temporary restraining order on VA ballot printing
Posted on 12/28/2011 12:36:41 PM PST by Cincinatus' Wife
Perry's lawyers said a preliminary injunction was necessary since the deadline to print ballots in Virginia will be in two to three weeks.
In the absence of a preliminary injunction, plaintiff will suffer irreparable harm, per filing.
The case is Perry v. Judd, 3:11-cv-856, U.S. District Court, Eastern District of Virginia in Richmond.
You must think its great that 5 of 7 of our candidates were kept off the ballot.
According to the news, Santorum has just surged to 2nd place in Iowa.
It’s a shame no one can vote for him in VA.
Some people would cut their nose off to spite their face.
Tired from traveling. ;-)
“The Texas attorney general’s office is prepared to take all necessary legal action to defend the voter ID law enacted by the Texas Legislature,” spokeswoman Lauren Bean said.
The Supremes have already ruled on this issue in 2008.
And had previously “ok’d” the Carolina ID Law.
But then ofcourse Holder is above the Supremes.
Some people seem to think these shenanigans are OK.
Actually the Great Commonwealth of VA is unconstitutionally denying the right of 11,000 people the RIGHT to VOTE for the CANDIDATE of THEIR choice.
And when we dared protest, they claimed we spit on a black man.
Exactly, Since when has VA come up with the idea to deny people the right to vote for the Candidate of their choice?
Strange that the only two candidates approved for the VA ballot are the two leftists.
Somehow, I doubt it.
Hmmm.. I was not thinking "of Presidents"
VA is just to close to D.C. No doubt the R Committee people are “insiders”. Paul and Romney. Can you imagine if all the Perry Gingrich Bachmann Santorium Huntsman people said OHN I’m staying home.
How were Romney and Paul treated more favorably by the VA GOP?
1. Romney and Paul submitted enough signatures over 10k that the VA GOP let their petitions through without verifying any signatures.
2. Perry and Gingrich submitted well over the required 10k but less than 15k. So the VA GOP decided to verify every single signature - something they apparently have never done before - by comparing the addresses on the petitions to those in the electronic voter registration database.
My thoughts exactly :-)
You think the people of VA are happy that Romney and Paul didnt have their signatures looked at, at all?
Is that just talk or is it fact that they got on because they were on the 2008 ballot? I haven’t seen anything concrete one way or the other but then I’ve not searched that hard for it either.
Are you really that dense?
Supporters of states’ rights always caveat that with “as long as it does not violate the Constitution of the United States”.
Unfortunately, most of the federal government/laws has simply been created for political expediency instead of for actual Constitutional duties. And that part of the Federal government is exactly what the supporters of states’ rights what to see removed.
By even asking this question, you are implying that those who support states’ rights do not believe in even having a Federal government unless it can be overturned by any state. And we tried that... it was called the Articles of Confederation.
Did Perry use non residents of the Virginia districts in collecting his signatures? It was recommended they turn in 15,000+ statewide and 600+ in each CD. Perry again didn’t follow the recommendation. Had he done so and used local residents then he maybe on the ballot. Do you know if any of the above is accurate?
It doesn’t matter if the signatures are valid or not... as the VAGOP regulations stipulate that signatures are only to be checked for local and state elections, not for national offices.
That was the case for Paul and Romney for the 2012 election and all the candidates for all national elections as far back as 1996 (I haven’t bothered to look farther than that).
As that is the regulation and the precedent, then Newt and Perry’s signatures are to be treated the same way. Equal treatment under law, as according to the 14th Amendment of the US Constitution.
Which means, under VAGOP regulations, they qualified and must be on the ballot.
I’d recommend the VAGOP get their head out of their @ss and rewrite their eligibility requirements for the next election, though.
(that, and it’s nice to see these ‘rules-are-rules’ jerkwads hoisted on their own petards)
break out of clone mode and get a brain...Newt and Perry were screwed
This has nothing to do with “States’ Rights” unless of course you consider the VA Republican Party a state.
Good for Rick Perry.
Something is fishy about this fiasco.
His VA supporters have a right to vote for him and any other “disqualified” candidate in the primary.
GOP thinks they can take away that right? I don’t think so.
“He’s petitioning the Virginia state courts.”
And when he loses in th state court, will Perry appeal to a federal court and ask that court to intervene in a state election issue?
“This has nothing to do with States Rights unless of course you consider the VA Republican Party a state.”
Ok, I see, Rick Perry is suing a private organization for violating the 1st and 14th Admendments.
It sure will be interesting to see Rick Perry’s lawyer explain to the court which part of the US Constitution compels a private organization, such as the VA GOP, to grant constitutional rights to people.
“break out of clone mode and get a brain...Newt and Perry were screwed”
How were they screwed if all candidates knew the rules and some candidates failed to follow the rules, while other candidates were able to follow the rules and meet the requirements?
A state, as long as it does not violate the Constitution of legislative acts, has the right to establish voting standards within its borders. So therefore, states can require a picture ID to vote and a state and a party can set rules as to how candidates names are placed on a Primary ballot.
I think it is important that the courts, dominated by Judicial Activists, not interfer in the election process of the states.
Statement by the RPV today clears up some things:
“From the earliest days of the campaigns, RPV has actively told candidates that Virginias signature requirements could be a difficult legal requirement to meet for those who were new to Virginia politics.
In October 2011, RPV formally adopted the certification procedures that were applied on December 23: any candidate who submitted over 15,000 facially-valid signatures would be presumed to be in compliance with Virginias 10,000 signature law... Candidates were officially informed of the 15,000 rule in October 2011, well in advance of the Dec. 22 submission deadline. The rule was no surprise to any candidate and indeed, no candidate or campaign offered any complaints until after the Dec. 23 validation process had concluded.
Despite this early notice and RPVs exhortations to candidates, only one candidate availed himself of the 15,000 signature threshold Governor Mitt Romney. RPV counted Governor Romneys signatures, reviewed them for facial validity, and determined he submitted well over 15,000. Never in the partys history has a candidate who submitted more than 15,000 signatures had 33 percent invalidated. The party is confident that Governor Romney met the statutory threshold.
Rep. Ron Paul submitted just under 15,000, and was submitted to signature-by-signature scrutiny on the same basis as the other candidates who submitted fewer than 15,000 signatures. After more than 7 hours of work, RPV determined that Rep. Paul had cleared the statutory 10,000/400 signature standard with ease.
Two other candidates did not come close to the 10,000 valid signature threshold. RPV regrets that Speaker Gingrich and Governor Perry did not meet the legal requirements established by the General Assembly. Indeed, our hope was to have a full Republican field on the ballot for Republican voters to consider on March 6.”
If I were the Va. GOP I would be bending over backwards to get the other candidates on the ballot because if it comes down to Mitt vs. Paul, I think Paul is going to win.
Yes, I believe he used non-residents. I believe all of that was accurate. However, I had heard that the SCOTUS ruled previously on signature collection by residents, but I haven’t looked into it.
Not at all. This is a National Election and everyone in the United States are effected by Virginia’s GOP Election Officials elimination of at least two popular candidates.
What if another state decided only Romney qualifies in their state?
What if Texas GOP Election Officials decide only Perry is qualified to be on the Republican Primary Ticket?
It effects everyone and the rules are silly if the qualifying that is suppose to eliminate candidates that have no support and allow candidates that have National Support yet does the opposite.
If it were a State Election of a State Representative, then it would a different matter but not a National Election of the United States President.
Thanks for the additional info. It appears that Romney/Paul met the thresholds that were in place by either over 15,000 or by individual count. Thus it seems that the others could have done so also if they had applied the efforts and followed the guidelines.
In 2008 there were six GOP candidates on the ballot even though some had dropped out by the primary date. McCain, Huckabee, Paul, Romney, Thompson and Giuliani finished in the above order. I don’t know if the requirements were different but at least candidates though enough of the process to comply.
They have never checked signatures before.
They changed the rules the day AFTER Romney’s Virginia Campaign Manager (who happens to be the Lt Governor of the state) turned his sigs in. They decided that 15K would get you a “no check” after Romney turned in 16K sigs. Bolling, the Lt Governor and Romney’s Campaign Mgr in VA, bragged about it.
They did not check Ron Paul’s either even though Paul did not have over 15K. (Paul turned in 14,361 sigs). I guess he was close enough for them to bend their new rules or they were not worried about Paul.
Perry turned in just short of 12K sigs.
Newt turned in a little over 11K sigs.
How about: "Virginia will stick ya!"
I don’t know the answer to your question. Simply have not heard yet. I am assuming one of the signature gatherers may not have been qualified or the possibility the notary was not licensed in VA or license was expired? It is all rumors at this time.
I did see earlier an article that quoted Newt saying that one of his paid signature gatherers committed fraud and listed fake names.
“This is a National Election and everyone in the United States are effected by Virginias GOP Election Officials elimination of at least two popular candidates.”
Actually, there is no such thing as a ‘National Election.’ Instead, we for a general election, we have 51 separate elections so that the states and DC can select Electors.
Primary elections and caucuses while operated under the auspices of states and counties are political party functions and the part can set the rules.
That is why some states have caucuses, while others have primaries and some have open primaries and some have closed primaries.
“What if another state decided only Romney qualifies in their state?”
A state party could decide that Mel Gibson is the only person that qualifies in their state to be on a primary ballot.
“It effects everyone and the rules are silly if the qualifying that is suppose to eliminate candidates that have no support and allow candidates that have National Support yet does the opposite.”
No it does not.
However, if you want to use the “It effects everyone and the rules are silly” argument in court, that same argument may be used by those who want to opposed the Texas Voter ID law.
Do you really want someone to argue in a courtroom, “The Texas Voter ID law effects everyone in the country, so the fact that a voter is turned away from the polls in Beaumont directly impacts voters in Vermont?”
Perry turned in just short of 12K sigs.
Newt turned in a little over 11K sigs.
And if they had turned in 15k we would not be having this discussion.
And everyone in politics knows that you should always get at least 50% more petition signatures than you actually need.
Romney knew that and Paul knew that and followed through
Gingrich knew that and Perry knew that, but did not follow through.
BTW-At this point and even before this fiasco, I was going to support Newt or Santorum and am disappointed that a person with the Newt’s intelligence and political skills would make such a major error.
As for Perry, I’m not all that surprised.
So who are you going to vote for? Romney or Paul?
Sounds like you’ve eliminated everyone else.
Being a resident of Texas, I will not have to make a final decision until sometime in April. For now, my choices would be Gingrich or Santorum.