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Rick Perry appeals for slot on Virginia ballot
Politico ^ | January 15, 2012 | JOSH GERSTEIN

Posted on 01/15/2012 7:16:35 AM PST by Cincinatus' Wife

Texas Gov. Rick Perry’s lawyers filed a motion with a federal appeals court Sunday, seeking to win him a place on the Republican presidential primary ballot in Virginia even though his campaign failed to gather the 10,000 signatures required by state law.

On Friday, U.S. District Court Judge John Gibney ruled that Perry, Newt Gingrich and other candidates who failed to make the cut waited too long to pursue their legal challenges, which were brought as ballot printing was getting underway and the mailing of absentee ballots was about to commence. However, Gibney said Perry and the other candidates would like have prevailed on their claim that a Virginia requirement that ballot petition circulators be Virginia residents violates the Constitution.

In a motion filed at 7 A.M. Sunday with the Richmond-based U.S. Court of Appeals for the 4th Circuit, Perry’s legal team argues that it would have been too speculative for them to file suit before Perry failed to make the 10,000 signature threshold last month. Perry asks that his name be place on the March 6 ballot or, at a minimum, that the printing of ballots be suspended until his lawsuit can be resolved.

Perry “filed this lawsuit on December 27, 2011, the same date the names of candidates qualified to appear on the ballot were scheduled to be certified and just two business days after Defendant Mullins made a preliminary determination and publicly announced Movant did not submit enough petition signatures to qualify to be placed on the ballot. Prior to this date, Movant reasonably expected to meet the requirements of Virginia’s ‘likely...unconstitutional’ election law, and Respondents could not have suffered any injury, as they could not have begun the process of finalizing their ballot orders,” the Texas governor’s lawyers wrote in their motion (posted here).

“Another illogical result of the District Court’s reasoning is that it would require [Perry] or any candidate for the Presidency, to pre-emptively apply for injunctive relief while there remains a possibility that they may collect the requisite number of signatures to appear on the primary ballot. This is absurd. Candidates for the presidency are focused on running for president, not on fighting legal battles to pre-emptively hold state election laws unconstitutional. When Movant filed his candidacy, he expected to be able to comply with section 24.2-545 of the Virginia State Code. [Perry] timely, and steadfastly, moved to protect his constitutional rights once his claim was ripe, and he cannot be charged with inexcusably or unreasonably delaying the filing of this suit,” the Perry motion said.

About 90 minutes after the motion was filed, the 4th Circuit issued an order requiring the state’s lawyers to respond to Perry’s application by Monday.

Only Mitt Romney and Ron Paul made the Virginia ballot. Gingrich, Rick Santorum, and Jon Huntsman have sought to bootstrap on Perry's suit and are likely to join in his latest motion.

In rejecting Perry's request for an injunction, Gibney cited the long-standing legal doctrine of laches. The principle, which is not set out in any statute or rule and dictates no particular amount of time in which a suit may be filed, mandates that a party asking for relief from a court not delay the case unreasonably in a way that disadvantages another party to the case.


TOPICS: Government; Military/Veterans; Politics
KEYWORDS: delegates; gopprimary; perry2012; vaballot
VA Ballot ruling Friday, January 13, 2012

Here is a LINK to the ruling.

I believe it will be appealed on VA banning petition circulators from out-of-state [described in link] using case law.

Buckley v Am. Constitutional Law Found., 525 U.S.182 (1999) which was used in Meyer v Grant, 486 U.S.414,421 (1988)...

Commonly referred to as "Buckley." [In context of the First Amendment, the Court must "be vigilant....to guard against undue hindrances to political conversations and the exchange of ideas."]

Pages 12-14 outlines why Judge Gibney ruled against them [the entire ruling is interesting and informative]

1 posted on 01/15/2012 7:16:39 AM 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.

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


2 posted on 01/15/2012 7:19:59 AM 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

VA primary is 2 months away. RCP has Perry at 5.7 in SC and 3.5 in FL. Both of those primaries are going to be held this month. If he performs at those levels in two southern states and remains in the race, he’s Don Quixote.


3 posted on 01/15/2012 7:35:40 AM PST by edpc (Wilby 2012)
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To: edpc

Maybe he’s doing this for Newt?


4 posted on 01/15/2012 7:36:47 AM PST by Jane Long (Soli Deo Gloria!)
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To: Cincinatus' Wife

I call BS on the state of Va.
If these were DemoRats candidates this carpola wouldn’t even exist.


5 posted on 01/15/2012 7:37:52 AM PST by tflabo (Restore the Republic)
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To: Jane Long

I don’t know. Whatever the reason, the VA rules, strict an silly as they may be, have been well known for some time.


6 posted on 01/15/2012 7:39:35 AM PST by edpc (Wilby 2012)
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To: shield

at least we will get to see how strong the ‘not Romney’ vote will be

In the two races so far he got a lot of democrap votes, while our GOP conservatives were split among all the other candidates


7 posted on 01/15/2012 7:42:57 AM PST by Mr. K (Physically unable to profreed <--- oops, see?)
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To: Cincinatus' Wife

Thanks for keeping us up to date on this ridiculous situation.

I believe that a lot of Virginia residents are just now becoming aware of this situation and will start putting the pressure on officials to do the right thing.

This should not affect people who didn’t try to get signatures, I wouldn’t think.

It should only affect Perry and Gingrich, each of whom had the required number of signatures but are being questioned about the citizenship of the people who gathered the signatures.

Is that what you think?


8 posted on 01/15/2012 7:47:02 AM PST by altura (Perry 2012)
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To: Jane Long

Maybe he’s doing it for conservatives, against Romney.

Maybe he’s doing it for himself and for the country.

At any rate, he’s doing it.

No one else is.

That’s the way he governs also.


9 posted on 01/15/2012 7:52:56 AM PST by altura (Perry 2012)
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To: Cincinatus' Wife

Get out, Rick. You don’t have a chance and Santorum does.


10 posted on 01/15/2012 8:01:30 AM PST by demkicker (My passion for freedom is stronger than that of Democrats whose obsession is to enslave me.)
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To: altura

Imagine if Texas had been the first Primary state instead of political backwater states like Iowa and NH. Whole different ballgame.


11 posted on 01/15/2012 8:04:28 AM PST by magritte
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To: altura
I'm well aware of how Perry governs ;)

Agree...that maybe he's doing it for conservatives, against Romney.

12 posted on 01/15/2012 8:18:41 AM PST by Jane Long (Soli Deo Gloria!)
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To: shield

Perry sauntered in to the race (late) without a plan, organization or money. You can’t win in America like that. It’s his own fault.


13 posted on 01/15/2012 8:21:38 AM PST by ExtremeUnction
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To: magritte

If this convoluted primary season does nothing else, it should at least result in states re-assessing their primary times.

Now Texas is being pushed farther back because of some judge’s injunction agains the re-districting which he claims hurts minorities.

That decision is in limbo and while it is, we can’t have a primary. grrrr


14 posted on 01/15/2012 8:30:24 AM PST by altura (Perry 2012)
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To: demkicker

Ordinarily posters who make the kind of comment you just made get a very snarky reply from me.

But I’ve vowed, just for today, to try to ignore stupidity.


15 posted on 01/15/2012 8:32:14 AM PST by altura (Perry 2012)
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To: Jane Long

Are you a Texan?

Do you like Perry or not?

If you’re ‘well aware of the way he governs’ you should like him very much.


16 posted on 01/15/2012 8:34:01 AM PST by altura (Perry 2012)
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To: ExtremeUnction

Sauntered? Think not. He may have loped.

We have a whole slew of candidates who entered this race on a wing and a prayer (maybe not a prayer).

Gingrich had been an unpopular figure to conservatives for a long time, though we may not be sure why.

Ron Paul is a notorious nut but has some dedicated followers along with some media and dems who promote him to make us look stupid.

Santorum didn’t have a dime and he lost his last political contest when his own state rejected him (by a huge margin) for a democrat.

Huntsman is an enigma. He was off working for Obama and suddenly decides he should be president.

Cain? Cain had nothing except that he was different and seemed like a decent guy. I don’t think he ever intended to win and was totally surprised when he got some support. I think he intended all along to get publicity, a job at Fox News, sell books, or maybe a position in Romney’s administration.

Did I leave anyone out? Well, yeah, I did.

Romney. He’s been planning this for four years, has plenty of money and organization and the support of the media.

There ya go.


17 posted on 01/15/2012 8:41:02 AM PST by altura (Perry 2012)
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To: Cincinatus' Wife
RICK PERRY has a Constitutional right to stay in the race. I for one plan to vote for him in the Illinois primary. He is the only one who has showed he has what it takes to run the country.

RICK PERRY 2012

18 posted on 01/15/2012 8:56:47 AM PST by stars & stripes forever (Blessed is the nation whose God is the Lord!)
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To: edpc
Whatever the reason, the VA rules, strict an silly as they may be, have been well known for some time.

They changed the rules somewhat in the last month which gave very little time to adjust. They knew what they were doing. The GOP and the State decided to give Romney the vote.

Newt had the signatures needed but this rule change eliminated enough to go below 10,000 required.

But lets go one step further. All Stated should be required to place on their ballot any candidate receiving Federal funds. No exception. This is leading to a Federal election for President. Virginia seems like another backward thinking State.

19 posted on 01/15/2012 9:05:34 AM PST by Logical me
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To: ExtremeUnction

Perry had a plan, an organization, and tons of money. He was being handed the nomination on a silver platter.

He blew it, because nobody knew the guy was lazy and couldn’t string 3 coherent sentences together.


20 posted on 01/15/2012 9:10:27 AM PST by mwl8787
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To: Logical me

Virginia’s rules are not burdensome and have been well known. They were not changed for this campaign.

It is not Virginia’s fault if these candidates and their highly paid consultants don’t have their act together.

Gingrich is a resident of Virginia - he has no excuse. He obviously has surrounded himself with an incompetent campaign staff. Today it comes out that 1500 signatures were all signed by the same PAID collector.

Is this the kind of incompetence he will surround himself with if he becomes president? We already have one of those in the White House.


21 posted on 01/15/2012 10:03:44 AM PST by oldbill
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To: shield

The people of Virginia decided how they wanted to run their primaries, but agitators from out of state took the people of Virginia to federal court in an attempt to have a Federal Judge of the Judicial Activist persuasion, force the good people of Virginia to hold a primary as prescribed by the federal government.

In the end, States’ Rights and the 10th Amendment won in the courtroom!


22 posted on 01/15/2012 11:44:46 AM PST by trumandogz
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To: stars & stripes forever

“I for one plan to vote for him in the Illinois primary.”

You will have to wait until the year 2020 as it appears Rick Perry failed to enter his correct home address on some paperwork and will not be on the ballot in Illinois.


23 posted on 01/15/2012 11:48:49 AM PST by trumandogz
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To: magritte

“Imagine if Texas had been the first Primary state instead of political backwater states like Iowa and NH. Whole different ballgame.”

Imagine if Rick Perry had not called people who opposed in-state tuitions for illegal aliens and if Perry could actually name the federal departments he wants to abolish.

Actually, the ballgame would be exactly the same.


24 posted on 01/15/2012 11:52:47 AM PST by trumandogz
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To: altura

“Now Texas is being pushed farther back because of some judge’s injunction agains the re-districting which he claims hurts minorities.”

Don’t you really hate it when agitators from out of state file lawsuits against a state’s election rules and hope that an Activist Judge will overturn the will of the people of Texas or the people of Virginia?

Some people have no respect for the 10th Amendment or States’ Rights!


25 posted on 01/15/2012 12:01:54 PM PST by trumandogz
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To: ExtremeUnction
Perry sauntered in to the race (late) without a plan, organization or money. You can’t win in America like that. It’s his own fault.

NO..Perry did not "saunter" into the race. Perry took care of his back issues, had serious and successful back surgery and then went into the race to save his country. His only problem was that at the beginning he was physically spent from the surgery, he underestimated his recovery time as most of us do.

26 posted on 01/15/2012 12:48:00 PM PST by Irish Eyes
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To: altura
Are you a Texan?

I am. (Hint: s/n...TX history :)

Do you like Perry, or not? If you’re ‘well aware of the way he governs’ you should like him very much.

I've supported his Governor campaigns, as he was the best alternative.

I didn't care for his (walked back) guardisil and TransTxCorridor decisions and especially his gross margins/franchise tax legislation. He's done well with business incentives (like the TEF), though.

I think he made a tactical error in his Prez run. He had the support/funds, but made too many gaffes in the debates. I wonder if he got in too quickly after his back surgery...although that still doesn't explain his "heartless" comment :)

27 posted on 01/15/2012 1:55:07 PM PST by Jane Long (Soli Deo Gloria!)
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To: trumandogz

Probably. We’d have the same suckers that bought into Herb Cain’s BS or whatever flavour of the month at the time that talked the talk that made follow-the-leader conservatives swoon.

Too bad.


28 posted on 01/15/2012 2:43:30 PM PST by magritte
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To: Logical me
All States should be required to place on their ballot any candidate receiving Federal funds.

and who meet the qualifications for the office of POTUS stipulated in the U.S. Constitution.

29 posted on 01/15/2012 3:56:01 PM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: altura

And just for today, I’ve tried to do the same. Perry doesn’t have a prayer and anyone denying it needs a reality check.

It’s time for the other bottom dwellers who are at least conservative to withdraw and endorse Santorum.


30 posted on 01/16/2012 6:10:51 AM PST by demkicker (My passion for freedom is stronger than that of Democrats whose obsession is to enslave me.)
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To: demkicker

No interest in fiscal liberals like Santorum. I don’t want another “compassionate conservative” in the White House.


31 posted on 01/16/2012 6:14:13 AM PST by magritte
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