Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Virginia court likely to allow Gingrich, Huntsman, Perry and Santorum on the ballot
Hotair ^ | 01/10/2012 | Tina Korbe

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 Virginia’s 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 Virginia’s 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.


TOPICS: Government; News/Current Events; Politics/Elections; US: Virginia
KEYWORDS: 2012gopprimary; aclu; gingrich; lawsuit; perry; santorum; va2012; virginia

1 posted on 01/10/2012 5:34:51 PM PST by SeekAndFind
[ Post Reply | Private Reply | View Replies]

To: SeekAndFind
Un-Constitutional to ban outside-the-state participants in signature "gathering"???

That's how they do it in WI, and in NH, etc., including VOTING!

I think he's gonna invoke the "Interstate Commerce" clause....

2 posted on 01/10/2012 5:38:26 PM PST by traditional1 (Free speech for me.....not for thee)
[ Post Reply | Private Reply | To 1 | View Replies]

To: All

My two biggest wishes: Voter ID laws and CLOSED GOP PRIMARIES


3 posted on 01/10/2012 5:41:39 PM PST by ak267
[ Post Reply | Private Reply | To 2 | View Replies]

To: traditional1
Un-Constitutional to ban outside-the-state participants in signature "gathering"???

Yep, open and shut settled law.

4 posted on 01/10/2012 5:46:22 PM PST by John Valentine (Deep in the Heart of Texas)
[ Post Reply | Private Reply | To 2 | View Replies]

To: SeekAndFind

If thry last this long.


5 posted on 01/10/2012 5:46:49 PM PST by Sybeck1 (Mitt Romney, a piss poor choice)
[ Post Reply | Private Reply | To 1 | View Replies]

To: traditional1

Sure.....now that the damage is done.


6 posted on 01/10/2012 5:48:14 PM PST by eddie willers
[ Post Reply | Private Reply | To 2 | View Replies]

To: John Valentine
"Yep, open and shut settled law"

I'm sure they invoked the "settled law" in the WI fiasco, right?

Sounds like more of a "selective enforcement" issue...Unions are exempt?

7 posted on 01/10/2012 5:48:57 PM PST by traditional1 (Free speech for me.....not for thee)
[ Post Reply | Private Reply | To 4 | View Replies]

To: SeekAndFind

Damn right. Let them in.


8 posted on 01/10/2012 5:53:17 PM PST by writer33 (Mark Levin Is The Constitutional Engine Of Conservatism)
[ Post Reply | Private Reply | To 1 | View Replies]

To: traditional1

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.


9 posted on 01/10/2012 5:56:29 PM PST by John Valentine (Deep in the Heart of Texas)
[ Post Reply | Private Reply | To 7 | View Replies]

To: SeekAndFind; shield; Cincinatus' Wife
Rick Perry took point on this and Gingrich, Huntsman and Santorum came shuffling along behind.

No mistaking who the best leader is.

10 posted on 01/10/2012 5:58:52 PM PST by smoothsailing
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind

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.


11 posted on 01/10/2012 6:02:54 PM PST by JediJones (Newt-er Romney in 2012!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: John Valentine
In WI, SEIU imported organizers and out-of-state voters are intimately involved in the prior Recall Petitions, and in the prior Elections to un-seat Republican office-holders.

IF you have a Case Law Precedent, why is it not applicable to the circus in WI?????

12 posted on 01/10/2012 6:05:09 PM PST by traditional1 (Free speech for me.....not for thee)
[ Post Reply | Private Reply | To 9 | View Replies]

To: smoothsailing
Rick Perry took point on this and Gingrich, Huntsman and Santorum came shuffling along behind.

He sure did. Perry is a fighter, and that's exactly what we need.

13 posted on 01/10/2012 6:18:58 PM PST by alicewonders ((GO PERRY!))
[ Post Reply | Private Reply | To 10 | View Replies]

To: alicewonders
Photobucket

The Choice Is Clear! :)

14 posted on 01/10/2012 6:29:28 PM PST by smoothsailing
[ Post Reply | Private Reply | To 13 | View Replies]

To: traditional1
Out-of-state organizers and petition circulators are OK under the law.

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.

15 posted on 01/10/2012 6:35:09 PM PST by John Valentine (Deep in the Heart of Texas)
[ Post Reply | Private Reply | To 12 | View Replies]

To: John Valentine

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 )


16 posted on 01/10/2012 6:41:23 PM PST by simplesimon (" God doesn't call the qualifed,He qualifes the CALLED! "..TomasUSMC...GO PERRY GO NEWT GO SANTORUM)
[ Post Reply | Private Reply | To 4 | View Replies]

To: ak267
That is my wish as well, and just how do we get this movement going. I am sick and tired of our primaries being highjacked.

This news regarding VA., is a breath of fresh air in light of what has just happened in NH.

17 posted on 01/10/2012 7:02:07 PM PST by annieokie
[ Post Reply | Private Reply | To 3 | View Replies]

To: ak267; annieokie

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.


18 posted on 01/10/2012 7:56:53 PM PST by nickcarraway
[ Post Reply | Private Reply | To 3 | View Replies]

To: smoothsailing

Wow - that’s funny!


19 posted on 01/10/2012 8:09:43 PM PST by alicewonders ((GO PERRY!))
[ Post Reply | Private Reply | To 14 | View Replies]

To: alicewonders

:o)


20 posted on 01/10/2012 8:18:06 PM PST by smoothsailing (www.FrankWuterich.com)
[ Post Reply | Private Reply | To 19 | View Replies]

To: nickcarraway
My state also has closed primaries, also have to show an ID this year, good on us.

BUT, I want all states like this. What will it take? Are the other states just satisfied with having their elections highjacked, which in the Presidential Election affects all of us, and I am mad as a wet hen.

How much common sense does it take to see what is happening, the people in charge need to wake up.

21 posted on 01/10/2012 8:27:09 PM PST by annieokie
[ Post Reply | Private Reply | To 18 | View Replies]

To: SeekAndFind

An open political association like the current Republican Party is one of the stupidest political concoctions anyone ever came up with.

It’s like owning a big mansion on the edge of the ‘hood and putting a big sign on the front lawn that says “anyone who wants to can live here, and if you move in, you and everyone you bring with you will have a say in how the place is run.”

Just how long do you think the place is going to be livable for you and your family?


22 posted on 01/10/2012 8:35:09 PM PST by EternalVigilance (Romney is Obama.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: annieokie

But is it really going to work out well? It leaves all the moderates to decide the GOP candidate. Aren’t a lot of conservatives no longer registered Republicans?


23 posted on 01/10/2012 9:00:47 PM PST by nickcarraway
[ Post Reply | Private Reply | To 21 | View Replies]

To: SeekAndFind

I don’t like the fact that only 2 candidates I don’t like were in a primary in a state. But I don’t like the fact that Republicans have completely abandoned the rule of law for good. Are we going to be better of when the GOP stands for NOTHING?


24 posted on 01/10/2012 9:10:51 PM PST by nickcarraway
[ Post Reply | Private Reply | To 1 | View Replies]

To: SeekAndFind
I think I read somewhere that in another case a court had ruled that requiring residency for petition circulators was an infringement of voting rights/ballot access. So I have been expecting the court to find in favor of adding the other candidates.
25 posted on 01/10/2012 9:12:25 PM PST by greeneyes (Moderation in defense of your country is NO virtue. Let Freedom Ring.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: nickcarraway
I don't have the answers, but something needs to be done.

If a person wants to run as a Republican they also need to be Republican, NOT LIBRATARIAN, whoever let that bastard child in the Republican party?

That is what makes Ron Paul such a dangerous as well as loony person. He is running in a party of which he is not, that is just dishonest, he is USING everything good about the gullible Republican party and destroying us with it.

If he should win, the populace will then assume that we are all Libertarian idiots. The Democrats will never stop laughing at us.

I can't believe what is happening. Of course I couldn't believe that in 2008 either, but he was a Democrat and it's legal/sport to laugh at them, they don't stand for anything moral anyway. BUT US?????? What has happened to my party, and there is no other party to go to. I'm old and tired.

26 posted on 01/10/2012 9:17:58 PM PST by annieokie
[ Post Reply | Private Reply | To 23 | View Replies]

To: ak267

“My two biggest wishes: Voter ID laws and CLOSED GOP PRIMARIES”

You said it!

Americans should pick American leaders, and Republicans should pick Republican candidates!


27 posted on 01/10/2012 10:16:00 PM PST by Sun (Pray that God sends us good leaders. Please say a prayer now.)
[ Post Reply | Private Reply | To 3 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson