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Perry Lawsuit Could Put More Candidates On Virginia Primary Ballot
NPR ^ | January 10, 2012 | Teresa Tomassoni

Posted on 01/10/2012 1:13:33 PM PST by Cincinatus' Wife

No Virginia ballots should be ordered or mailed to absentee voters until a federal judge decides which Republican presidential candidates will be on the state's primary ballot.

That temporary order was made Monday by District Judge John A. Gibney Jr., who will make a final decision Friday, Jan. 13, said Joseph Nixon, the lead counsel for Texas Gov. Rick Perry. Perry filed a lawsuit last month against Virginia's State Board of Elections after he didn't get enough signatures to get on the March 6 primary ballot.

Only two Republican candidates did: former Massachusetts Gov. Mitt Romney and Texas Rep. Ron Paul.

Last week, other GOP hopefuls Newt Gingrich, Rick Santorum and Jon Huntsman joined Perry's lawsuit challenging the Virginia's strict ballot access law that required candidates get 10,000 qualified signatures of support by Dec. 22.

In a complaint filed Dec. 27, Perry said his Constitutional rights to freedoms of speech and association were violated by the state's electoral requirements. He asked to be reinstated on the ballot.

However, in a Jan. 3 court filing, Virginia's office of the attorney general wrote that Perry "lacks standing to assert an injury arising from the inability to circulate his own petitions because there is no averment that he stood ready, willing and able to circulate his own petitions and there is no basis for concluding that he would have collected a sufficient number of valid signatures."

Perry begs to differ. On Friday he will call three witnesses to testify on his behalf at the U.S. District Court for the Eastern District of Virginia in Richmond. They include Joe Allbaugh, a senior adviser for his campaign; Neal Blair, who helped coordinate the campaign's efforts to get on the Virginia ballot; and Jerry Kilgore, a former attorney general for Virginia who will testify about the faults of the state's ballot access requirements

In the meantime, Virginia's State Board of Elections is making back-up plans should the judge decide to allow more candidates on the ballot, said Justin Reimer, the board's deputy secretary.

It takes several weeks to proof, design, and print ballots, said Reimer, and federal law requires absentee ballots be mailed 45 days prior to the election. That means January 21 is the make-or-break deadline for the March 6 primary.

This will be a challenging deadline to make, considering Monday's ruling to delay absentee ballot distribution but, Reimer said, "We're doing the best we can."


TOPICS: Government; Politics
KEYWORDS: ballot; gop2012primary; perry2012; vagopprimary

1 posted on 01/10/2012 1:13:45 PM PST by Cincinatus' Wife
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To: Cincinatus' Wife

Good news.


2 posted on 01/10/2012 1:16:45 PM PST by DarthVader (That which supports Barack Hussein Obama must be sterilized and there are NO exceptions!)
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To: Cincinatus' Wife

No insult to Perry, I think he’s staying on just to get this finished...which means he’s a better conservative then many think of him (on here). I will never talk ill of people who are closer to my views....Romney, Paul and Huntsman are a different thing.

My respects to Perry for doing such.


3 posted on 01/10/2012 1:17:59 PM PST by Rick_Michael ( 'REAL' Conservatives who witch hunt their own, are no better than Obama.)
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To: Cincinatus' Wife

People advocating state’s rights are getting a federal judge to rule on a state law?


4 posted on 01/10/2012 1:18:41 PM PST by stuartcr ("In this election year of 12, how deep into their closets will we delve?")
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To: DarthVader; shield

5 posted on 01/10/2012 1:20:21 PM PST by Cincinatus' Wife
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To: Rick_Michael
Court allows Texas law requiring ultrasound before abortion "(Reuters) - A Texas law requiring that an ultrasound image be shown to a pregnant woman and the sound of the fetal heartbeat be played before an abortion is performed does not violate the Constitution, a federal appeals court ruled on Tuesday.

The appeals court overturned a federal judge's decision to block the law. The ultrasound requirements do not infringe on abortion providers' free speech rights, it said.

"The required disclosures of a sonogram, the fetal heartbeat, and their medical descriptions are the epitome of truthful, non-misleading information," Chief Judge Edith Jones wrote for the three-judge panel."...

6 posted on 01/10/2012 1:24:47 PM PST by Cincinatus' Wife
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To: Cincinatus' Wife; jonrick46; deepbluesea; TexMom7; potlatch; SunkenCiv; wolfcreek; BuckeyeTexan; ...
Perry Ping....

IF you'd rather NOT be pinged FReepmail me.

IF you'd like to be added FReepmail me. Thanks.

*****************************************************************************************************************************************************


7 posted on 01/10/2012 1:34:35 PM PST by shield (Rev 2:9 Woe unto those who say they are Judahites and are not, but are of the syna GOG ue of Satan.)
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To: Cincinatus' Wife

Virginia appealed the order.
I think the judge will be backed up though.

There’s “a strong likelihood that the Court will find the residency requirement for petition circulators to be unconstitutional”.

What relief can the court grant but to let all officially declared candidates on the ballot?


8 posted on 01/10/2012 1:37:11 PM PST by mrsmith (It's 2012 now. Have you found a Tea Party nominee for your House seat yet?)
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To: Cincinatus' Wife
I could "proof, design, and print" a sample ballot for them in a day. Then they can spend a week "reprinting" if they would like.

Heck, maybe we could do it in 4 minutes. Here's first cut:

For the GOP nomination for President of the United States, please vote for only one of the following:
[ ] - Mitt Romney
[ ] - Ron Paul
[ ] - Newt Gingrich
[ ] - Rick Perry
[ ] - Rick Santorum
Seriously, it takes them "several weeks"? Typical government crap.

Hell, give me another 4 minutes, and I could look up the spelling for Buddy Roemer.

9 posted on 01/10/2012 1:42:10 PM PST by CharlesWayneCT
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To: mrsmith
This was from yesterday:

[Federal] Judge Prevents VA from Printing Ballots Until Perry Hearing

10 posted on 01/10/2012 1:47:32 PM PST by Cincinatus' Wife
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To: stuartcr

As I have been arguing in my e-mails to my state representatives....

This is not a state election. It LOOKS like a state election, and a state has some say in how it is run. But Virginia can’t “pick the candidates” for the republican presidential nomination. Perry, Santorum, and Gingrich are all candidates, with or without Virginia. Virginia’s law is meant to winnow out candidates so we have a clear choice.

But they haven’t winnowed anything, because they don’t control the process. It’s national. All they are doing is keeping VIRGINIANS from having a choice of ALL the candidates who are in the race.

Said Another Way: In a state contest, if the people aren’t on the ballot, they aren’t candidates. Sure, it might restrict my right to vote for “whoever I want”, but I get to vote for all the people who could possibly win the election I am voting for.

But in this case, it is likely that Gingrich or Santorum will actually WIN the nomination. By restricting the ballot, they aren’t restricting the number of candidates I have to choose, they are restricting my ability to vote for all the candidates available. They are throwing the election to two of the many available candidates.

It is a basic flaw in applying the state rules to a federal election. It would be like requiring candidates for governor to separately qualify in each county in Virginia. Imagine if each county had a different list, and nobody had a choice of ALL the candidates? What kind of election is that?

There is no real purpose served here. If you want to argue that not getting signatures “proves something” about these candidates — that argument is available. People might choose not to vote for them. Maybe we could mark the candidate names to indicate which are on the ballot through the official method, or maybe Romney can run ads explaining it.

But that’s for the voters to decide, whether they see not collecting signatures makes a candidate unworthy of their support. The Virginia rules don’t punish the candidates (49 votes won’t make or break them), they only punish the voters, who lose their choice in a presidential election.

This isn’t a game, and frankly the legislature should step up and fix this with emergency legislation. I’ve written all my representatives to do just that.

BTW, I’m late to this game — some will remember I defended the RPV on this matter. I still do — it’s not their fault, it’s just a stupid law that nobody thought through because it’s always been “worked around” before.


11 posted on 01/10/2012 1:50:49 PM PST by CharlesWayneCT
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To: Cincinatus' Wife

Perry and Newt are fighters. I like that.


12 posted on 01/10/2012 3:11:06 PM PST by Reagan69 (I supported Sarah Palin and all I got was a lousy DVD !)
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To: CharlesWayneCT

I think in this case it’s more a matter of just not having all their ducks in a row. That tells people something about.


13 posted on 01/10/2012 3:28:50 PM PST by stuartcr ("In this election year of 12, how deep into their closets will we delve?")
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To: CharlesWayneCT

I think in this case it’s more a matter of just not having all their ducks in a row. That tells people something about.


14 posted on 01/10/2012 3:29:06 PM PST by stuartcr ("In this election year of 12, how deep into their closets will we delve?")
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; Bockscar; ColdOne; Convert from ECUSA; ...

Thanks shield.


15 posted on 01/10/2012 8:18:10 PM PST by SunkenCiv (Merry Christmas, Happy New Year! May 2013 be even Happier!)
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