December 31, 2011
VIA EMAIL, TELECOPIER and CERTIFIED MAIL
Charles Judd, Kimberly Bowers, and Don Palmer, Members
Virginia State Board of Elections
1100 Bank Street
Washington Building, First Floor
Richmond, VA 23219
Pat Mullins, Chairman
Republican Party of Virginia
The Richard D. Obenshain Center
115 E. Grace Street
Richmond, VA 23219
Re:
Notice of Pending Motion to Intervene in Rick Perry v. Charles Judd, Kimberly
Bowers, Don Palmer, and Pat Mullins
Dear Members of the Virginia State Board of Elections and Chairman Mullins:
The undersigned are national counsel to The Honorable Michele Bachmann, The Honorable Newt Gingrich, The Honorable Jon Huntsman, Jr.,and The Honorable Rick Santorum, Republican candidates for President of the United States, and their principal presidential campaign committees.
As you are well aware, on December 27, 2011, the Honorable Rick Perry, Governor of Texas and Republican presidential candidate, filed suit against the individual members of the
Virginia State Board of Elections (“the Board”), in their official capacities, and the Chairman of the Republican Party of Virginia (“RPV”), in his official capacity, in the U.S. District Court for the Eastern District of Virginia. This action seeks a declaratory judgment asserting that certain provisions of Virginia Code section 24.2-545 B are unconstitutional, as well as injunctive relief
enjoining the collective defendants from enforcing the requirement that nomination petition circulators be either eligible or registered voters in the Commonwealth of Virginia and compelling the collective defendants to certify him as a candidate for the Republican Party
presidential primary ballot.
On December 29, 2011, United States District Court Judge John A. Gibney, Jr. held a hearing on Governor Perry’s motion, during which he invited counsel to Governor Perry to
contact additional Republican presidential candidates regarding possible intervention in the suit, and set a hearing date for Friday, January 13, 2012.
Please be advised that the four Republican Candidates for President listed above will be filing a single, joint motion to intervene in the Virginia action.
1
In light of these developments, Congresswoman Bachmann, Speaker Gingrich, Governor Huntsman, and Senator Santorum respectfully request that the Board either take action to add them to the ballot mooting their challenges (and avoiding unnecessary costs and expenses to the state and the parties) or not undertake action until Judge Gibney has had an opportunity to hear from the parties on January 13, 2012.
Thank you for your time and consideration.
Sincerely,
J. Christian Adams
ELECTION LAW
CENTER PLLC
Counsel, Michele
Bachmann for
President
Stefan C. Passantino
MCKENNA LONG &
ALDRIDGE LLP
Counsel, Newt 2012
Craig Engle
ARENT FOX LLP
Counsel, Jon
Hunstman for
President
Cleta Mitchell
FOLEY & LARDNER
LLP
Counsel, Rick
Santorum for
President
cc:
Joseph M. Nixon
BEIRNE, MAYNARD & PARSONS
Counsel, Rick Perry for President
DC:50844690.1
2
Bump!
FYI