Skip to comments.Virginia court likely to allow Gingrich, Huntsman, Perry and Santorum on the ballot
Posted on 01/10/2012 5:34:48 PM PST by SeekAndFind
The Virginia primary isn’t until March 6; who knows what will happen between now and then? Perhaps one or more candidates among Newt Gingrich, Jon Huntsman, Rick Perry and Rick Santorum will have gone to extraordinary lengths to ensure their names will appear on the Virginia ballot only to be out of the race by the beginning of March anyway.
Nevertheless, those left out in the cold in Old Dominion haven’t given up without a fight — and it looks like they might win it after all. Recall that Perry has filed a ballot access lawsuit — in which he was joined by Gingrich, Huntsman and Santorum. Today, Judge John Gibney filed a five-page order in which he suggests “there is a strong likelihood that the Court will find the residency requirement for petition circulators to be unconstitutional.”
More from The Heritage Foundation’s Hans von Spakovsky:
Yesterday, Judge Gibney ordered the Virginia State Board of Elections to notify all local county electoral boards that they are barred from ordering any ballots or from mailing out any absentee ballots until after the judge holds a hearing on the case on January 13. The judge says in the order that he will make a decision on the merits of the temporary restraining order (TRO) and preliminary injunction being sought by the candidates on the 13th.
Additionally, the ACLU of Virginia filed an amicus brief today on the side of the Republican presidential candidates, arguing that Virginias 10,000-signature requirement for a presidential candidate to appear on the ballot reduces the quantity of [political] speech available in Virginia, and directly infringes on the First Amendment rights of candidates, voters, petition circulators, and political parties.
The ACLU also argues that Virginias residency requirement for petition circulators is not narrowly tailored to serve a compelling government interest. In fact, the ACLU says that Virginia has fail[ed] even to articulate a compelling interest. It asks the court to grant the plaintiffs request for a TRO and a preliminary injunction. Looks like the judge agrees with the ACLU.
This has been a debacle from the beginning, and I’m still of the mindset that the failure of the candidates to meet the requirements says more about their campaign organization than the absurdity of the Virginia requirements — but, in the end, if Mitt Romney and a non-Mitt Romney are in a very, very tight race as of March 6, voters will likely be very grateful for this judge’s probable decision.
That's how they do it in WI, and in NH, etc., including VOTING!
I think he's gonna invoke the "Interstate Commerce" clause....
My two biggest wishes: Voter ID laws and CLOSED GOP PRIMARIES
Yep, open and shut settled law.
If thry last this long.
Sure.....now that the damage is done.
I'm sure they invoked the "settled law" in the WI fiasco, right?
Sounds like more of a "selective enforcement" issue...Unions are exempt?
Damn right. Let them in.
Sorry, but I don’t have the background to understand your comment or get the connection between Wisconsin and gathering names on a petition for Virginia’s Republican Presidential primary, or unions, either.
No mistaking who the best leader is.
That requirement sounds about as constitutional as saying your whole campaign staff and even your presidential candidate have to be state residents. This isn’t a Virginia election, it’s a national election. Let it be stricken from the record.
IF you have a Case Law Precedent, why is it not applicable to the circus in WI?????
He sure did. Perry is a fighter, and that's exactly what we need.
Out-of-state voters or out-of-state petition signers are obviously NOT protected by any law. They are law-breakers and ought to be prosecuted whenever found.
But that is not the issue in Virginia. The issue in Virginia is only respecting the residency of the guy or girl sitting behind the petition desk outside the A&P collecting signatures.
You are speaking of the SCOTUS ruling , am I correct ?
If so, do you remember what the case name was ?
( I dont have time to go back thru all the Perry threads to find it when it was talked about a couple weeks ago )
This news regarding VA., is a breath of fresh air in light of what has just happened in NH.
My state has closed GOP primaries. It means a huge number of conservatives are not allowed to vote in the GOP primary. It makes the primary a lot more moderate.
Wow - that’s funny!
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