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U.S. District Court in Virginia Expedites Rick Perry’s Ballot Access Lawsuit
Ballot Access News ^ | 12-29-2011 | Richard Winger

Posted on 12/29/2011 11:59:17 AM PST by smoothsailing

U.S. District Court in Virginia Expedites Rick Perry’s Ballot Access Lawsuit

Richard Winger

December 29th, 2011

U.S. District Court Judge John A. Gibney of Virginia has set a hearing in Rick Perry’s presidential primary ballot access lawsuit. He will consider Perry’s request for injunctive relief on January 13. In the meantime, he has established a briefing schedule, and also has instructed attorneys for Perry to communicate with all other Republican presidential primary candidates who had filed a declaration of candidacy, to explain to them how they may intervene in the lawsuit. This shows foresight and thoughtfulness on the part of the judge. The case is Perry v Judd, 3:11-cv-856. Judge Gibney is an Obama appointee. The issue is the state’s ban on out-of-state circulators.


TOPICS: Breaking News; News/Current Events; Politics/Elections; US: Virginia
KEYWORDS: lawsuit; perry; perry2012; rickperry; ruling; statesrights; va2012
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1 posted on 12/29/2011 11:59:25 AM PST by smoothsailing
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To: smoothsailing

Good. I hope the rule changes. Romney and Paul shouldn’t have a lock on the ballot there.


2 posted on 12/29/2011 12:01:18 PM PST by ZULU (LIBERATE HAGIA SOPHIA!!!!!)
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To: smoothsailing

They’ll all end up on the ballot.


3 posted on 12/29/2011 12:02:12 PM PST by VinL (It is better to suffer every wrong, than to consent to wrong.)
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To: smoothsailing

Wow!

Hey gotta give kudos to Perry on this one.


4 posted on 12/29/2011 12:03:43 PM PST by VanDeKoik (1 million in stimulus dollars paid for this tagline!)
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To: Gideon7; C. Edmund Wright; Jim Robinson

ping


5 posted on 12/29/2011 12:03:49 PM PST by smoothsailing
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To: VanDeKoik

He played a good hand.


6 posted on 12/29/2011 12:05:33 PM PST by smoothsailing
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To: VinL
They’ll all end up on the ballot.

Gee, wouldn't that be nice! I'll actually be able to make a choice on my own, rather than have the Politburo (aka VA GOP) choose my candidates for me. >:-0

7 posted on 12/29/2011 12:05:51 PM PST by COBOL2Java (Virginia GOP: Romney's favorite butt boys)
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To: VanDeKoik

I like a fighter, and applaud Perry for having some gonads om this. Whether he wins or not is another story, but at least he stepped up to the plate.


8 posted on 12/29/2011 12:07:00 PM PST by Catsrus
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To: smoothsailing

“...all other Republican presidential primary candidates who had filed a declaration of candidacy”

Yeah, if the requirement that petition-gatherers be elgible state voters is what gets thrown out, and the SC has ruled that way before, then ‘any one who filed’ is the logical outcome.


9 posted on 12/29/2011 12:08:51 PM PST by mrsmith (Start electing a 'Tea Party' House Speaker in 2012 now!)
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To: VinL
They’ll all end up on the ballot.

Looks that way. Mitt Romney, Karl Rove, Ann Coulter and the rest of the RINO establishment will be deeply saddened.
10 posted on 12/29/2011 12:09:42 PM PST by jimbo123
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To: smoothsailing

I thought that Rick Perry was OPPOSED to the federal courts interfering in a state’s elections process.


11 posted on 12/29/2011 12:12:39 PM PST by trumandogz (If Rick Perry cannot secure his name on the Va. ballot, how could he be trusted to secure America?)
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To: smoothsailing

Even though Perry forcing VA to put him and Newt back on the ballot will probably be pulled from breaking since it’s Perry doing it.


12 posted on 12/29/2011 12:13:56 PM PST by txhurl (Perry/Pence 2012 OR Perry/Ryan 2012 or even better Perry/Abbott 2012!)
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To: smoothsailing

Can anyone here find where one of these lawsuits amounted to anything? I looked around and it appears as though fighting a state party on rules of eligibility is almost impossible. If the toads in the VA GOP apparatus want to play games and they are using established rules already set in place, Perry won’t have any standing. Is there something I am missing here with Perry’s lawsuit?


13 posted on 12/29/2011 12:14:49 PM PST by Lazlo in PA (Now living in a newly minted Red State.)
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To: smoothsailing

Good news so far.


14 posted on 12/29/2011 12:15:11 PM PST by Proudcongal
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To: Lazlo in PA

He’s challenging the State Law.

The law the Va GOP followed.

There’s been a lot of guesswork and misinformation about.


15 posted on 12/29/2011 12:17:43 PM PST by mrsmith (Start electing a 'Tea Party' House Speaker in 2012 now!)
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To: mrsmith

Isn’t Bob McDonald the Gov there, a staunch conservative repub? How would it be for him if he allowed this to stand in his state... it would reflect very poorly on the State itself, the state GOP, and especially the Gov... ya gotta be kidding me, the only state in the union disallowing Repub candidates for POTUS... if ya ask me, I’d say that’d be the dumbest thing that could happen, made-to-order ridicule for the Demo machine... C-mon Va, get your shit together.


16 posted on 12/29/2011 12:20:09 PM PST by dps.inspect (the system is rigged...)
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To: dps.inspect

What can he do?
The law has to be followed until it’s changed or overturned.


17 posted on 12/29/2011 12:28:16 PM PST by mrsmith (Start electing a 'Tea Party' House Speaker in 2012 now!)
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To: smoothsailing
He didn't get the Judge to stop the current printing of ballots. His name will not be on them, if he wins they may need to reprint them. link
18 posted on 12/29/2011 12:30:35 PM PST by opentalk
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To: Lazlo in PA

I was reading the GOP here in VA also wants to have voters sign a Loyalty Oath in order to vote in the primary. The establishment is getting foolish.


19 posted on 12/29/2011 12:30:35 PM PST by formosa (Formosa)
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To: smoothsailing

I hope that Newt is piggybacking on Perry’s action in some form or another, to have a similar positive result if it should be the outcome. You know, piggybacking, as in NOT how Christie was piggybacking the 26-state VA-based health care lawsuit.


20 posted on 12/29/2011 12:40:18 PM PST by C210N (Dems: "We must tax you so that we can buy your votes")
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To: ZULU
Good. I hope the rule changes

Yep, that would be great, a Federal Court telling a state political party what there rules have to be.

I never thought I'd see support for something like this on a "conservative" site.

21 posted on 12/29/2011 12:40:18 PM PST by Prokopton
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To: Lazlo in PA; smoothsailing

The ‘toads’ changed the rules recently and all candidates’ signatures were not verified. Apparently Romney & Paul’s were not checked.....different set of standards depending on how many were submitted.

Also only registered VA residents were allowed to collect signatures.

I hope all the details eventually come out....I think Perry has a strong case and the VA voters should thank him for making sure they have more than two choices in their Primary.

Any idea why Santorum & Bachmann did not try to submit signatures?


22 posted on 12/29/2011 12:41:26 PM PST by JulieRNR21 (*OMG ...means Obama Must Go in 2012!)
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To: trumandogz
I thought that Rick Perry was OPPOSED to the federal courts interfering in a state’s elections process.

Well, if it pisses you off, it's certainly worthwhile! :)

23 posted on 12/29/2011 12:43:12 PM PST by smoothsailing
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To: trumandogz
I thought that Rick Perry was OPPOSED to the federal courts interfering in a state’s elections process.

That was back when he had pretenses of being a conservative. No conservative would ever want a Federal judge interfering with the internal rules of a state political party. That's DU type stuff.

24 posted on 12/29/2011 12:44:51 PM PST by Prokopton
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To: Lazlo in PA

He’s not challenging the VAGOP, he’s challenging VA state law.


25 posted on 12/29/2011 12:45:11 PM PST by smoothsailing
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To: formosa
The establishment is getting foolish.

That often happens when you pledge allegiance to a Myth..

26 posted on 12/29/2011 12:45:57 PM PST by COBOL2Java (Virginia GOP: Romney's favorite butt boys)
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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.

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


27 posted on 12/29/2011 12:45:57 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: opentalk

Right, the judge acknowledged a second printing may be required....

“Gibney said that if Perry prevails in the case, state election officials may have to print the ballots a second time. The judge set a deadline of Jan. 6 for the other Republican presidential candidates to intervene in the case.”


28 posted on 12/29/2011 12:49:16 PM PST by smoothsailing
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To: JulieRNR21

“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...”
http://www.rpv.org/node/1037


29 posted on 12/29/2011 12:49:31 PM PST by mrsmith (Start electing a 'Tea Party' House Speaker in 2012 now!)
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To: mrsmith
The law has to be followed until it’s changed or overturned.

So, I guess in the 1800's you'd be all for arresting people involved with the Underground Railroad?

30 posted on 12/29/2011 12:50:07 PM PST by COBOL2Java (Virginia GOP: Romney's favorite butt boys)
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To: trumandogz

The reason the federal courts accepted this as a federal case is that it affects the country nationwide. If this had just been a state problem for Virginia to deal with, then the state could have dealt with it in and of itself, but when something a state does involves the entire country or at least affects the entire country, it then is considered a federal issue, not a simple state issue.


31 posted on 12/29/2011 12:52:40 PM PST by casinva
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To: opentalk

Ouch!
That’s a significant decision that should have been in the article.


32 posted on 12/29/2011 12:53:58 PM PST by mrsmith (Start electing a 'Tea Party' House Speaker in 2012 now!)
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To: smoothsailing
Well, OK, so hopefully they can do an end-run around the GOP and get on the ballot.

But wait - there's more. VA is an "open" primary. The Democrats can vote to eliminate the best conservatives.

One fist of iron, the other of steel
If the right one don't a-get you
Then the left one will

Sixteen Tons - Tennessee Ernie Ford.

33 posted on 12/29/2011 12:55:28 PM PST by PapaNew
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To: shield

Bump.


34 posted on 12/29/2011 12:57:10 PM PST by TheOldLady (FReepmail me to get ON or OFF the ZOT LIGHTNING ping list)
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To: ZULU

Very good! You can definitely prove discriminatory treatment. Romney and Paul had run there before and were not subjected to the same weird scrutiny as Gingrich and Perry. The other three candidates didn’t even plan to run in VA, so they wouldn’t have been on the ballot anyway.

Also, from what I have read, the verification was a computerized scan that would have rejected an address if the signatory had written “St.” instead of “Street,” if the latter had been what he had put on his initial registration.


35 posted on 12/29/2011 12:57:10 PM PST by livius
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To: shield; Cincinatus' Wife

Not that intrade is so special ... but Rick Perry comes in third in Florida!


36 posted on 12/29/2011 12:57:19 PM PST by BunnySlippers (I LOVE BULL MARKETS . . .)
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To: COBOL2Java

LOL!
I’ m sure that proves to an idiot that Governors should break the law.


37 posted on 12/29/2011 12:59:53 PM PST by mrsmith (Start electing a 'Tea Party' House Speaker in 2012 now!)
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To: smoothsailing

Good for Perry, good for Liberty and good for America.


38 posted on 12/29/2011 1:01:01 PM PST by Grunthor (Do you worship the State or do you worship the Lord? There is no middle ground.)
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To: mrsmith
I’ m sure that proves to an idiot that Governors should break the law.

So you will follow a law, no matter how unethical it is or how much it disenfranchises people. Got it. You would have been very happy in 30's Germany.

39 posted on 12/29/2011 1:02:47 PM PST by COBOL2Java (Virginia GOP: Romney's favorite butt boys)
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To: formosa

I imagine that oath has something to do with “I will vote for the eventual nominee no matter which RINO s**tbird the elites shove down our throats.”


40 posted on 12/29/2011 1:05:36 PM PST by Grunthor (Do you worship the State or do you worship the Lord? There is no middle ground.)
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To: casinva

“The reason the federal courts accepted this as a federal case is that it affects the country nationwide. If this had just been a state problem for Virginia to deal with, then the state could have dealt with it in and of itself, but when something a state does involves the entire country or at least affects the entire country, it then is considered a federal issue, not a simple state issue.”

Ok, I see. So when Texas decides to require that voters show a picture ID to vote, the Federal Courts can intervene because that affects the country nationwide?

And when a state’s Republican Party decides to hold “Closed Primaries” the Federal Courts can intervene because that affects the country nationwide?

And you would also agree that Rick Perry was wrong when he came out in opposition to the Federal Courts rejection of the 2011 Texas Legislative Redistricting Plan?

After all, Texas redistricting does affect the country nationwide!


41 posted on 12/29/2011 1:06:32 PM PST by trumandogz (If Rick Perry cannot secure his name on the Va. ballot, how could he be trusted to secure America?)
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To: Grunthor

Yes, yes, and yes! :)


42 posted on 12/29/2011 1:08:47 PM PST by smoothsailing
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To: COBOL2Java

Stephen Downes Guide to the Logical Fallacies
http://web.uvic.ca/psyc/skelton/Teaching/General%20Readings/Logical%20Falllacies.htm

Perhaps I can have a constructive influence...


43 posted on 12/29/2011 1:08:47 PM PST by mrsmith (Start electing a 'Tea Party' House Speaker in 2012 now!)
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To: Prokopton

I never thought I’d see support for a piece of garbage like Mitt Romney on a conservative website like this....yet there are a few here who either mistakenly believe that he is a conservative (even though he’s never done ONE damn conservative thing in his wretched political life) or they are mormons and would vote for Barak Obama if he converted.


44 posted on 12/29/2011 1:09:22 PM PST by Grunthor (Do you worship the State or do you worship the Lord? There is no middle ground.)
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To: mrsmith

Doesn’t matter. You’ve shown all of us what kind of person you are.


45 posted on 12/29/2011 1:11:34 PM PST by COBOL2Java (Virginia GOP: Romney's favorite butt boys)
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To: casinva; trumandogz

You better believe it’s more than a state issue. This is a primary for the national election for President of the United States.

To say it interferes with merely a state matter is ridiculous.

BTW, the poster who said that it does, hates Perry for not supporting a Texas License plate with a Confederate Flag-sporting logo.

I can absolutely guarantee you that the hate will continue no matter what, unless there’s a religious miracle or some such.

So I ask that poster...who are you for that would support you on the Confederate Flag?

Is it Ron Paul, or someone else?

Let us in on it.

So we can compare and contrast YOUR guy with Rick Perry...


46 posted on 12/29/2011 1:11:51 PM PST by txrangerette ("HOLD TO THE TRUTH...SPEAK WITHOUT FEAR" - Glenn Beck)
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To: Grunthor
It ain't much so far, but I will take what I can get at this point!
47 posted on 12/29/2011 1:12:29 PM PST by PSYCHO-FREEP (If you come to a fork in the road, take it........)
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To: BunnySlippers

Bump!


48 posted on 12/29/2011 1:17:48 PM PST by Cincinatus' Wife
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To: trumandogz
So, according to you, there should be no U.S. Supreme Court? Any and all state laws are to be final, as written? Any and all lower court rulings are not to be appealed? Sure thing.

Like our buddy Herman Cain used to say, "you're mixing apples with oranges."

Banning an entire FIELD of presidential candidates from the ballot is damn near treasonous! I don't care who files this suit, Bachmann, Newt, whoever. Its the right thing to do. People have the RIGHT TO VOTE and Virginia is usurping the process. Get with the program, oddball.

49 posted on 12/29/2011 1:31:17 PM PST by mikhailovich
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To: mrsmith

Thanks for the clarification.....my information was based on an early report which said that both Romney & Paul had submitted enough signatures to avoid scrutiny.


50 posted on 12/29/2011 1:32:44 PM PST by JulieRNR21 (*OMG ...means Obama Must Go in 2012!)
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