Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors...
And what would that have to do with Perry’s case?
Electors represent the will of the people, and VBE is denying Perry the right to attract or repel the interest of the people there.
A number of folks are arguing that since the outcome may affect people outside VA, the federal government has the right to tell VA how to run its elections. I think the founders made it pretty clear that the States were the ones to decide how to run their elections.
Of course, this is a primary, and the rules are those of the RP of VA. But I think it's consistent to expect the terms to be the same, unless of course there was any constitutional ability granted to the federal government specific to primaries.
BTW, if Gingrich chose to join the suit, on the side of the defense, it would help alleviate my concerns about him, at least a little.