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Judge rules against Rick Perry's Virginia ballot suit
Politico ^ | January 13, 2012 | EMILY SCHULTHEIS

Posted on 01/13/2012 1:49:52 PM PST by Quicksilver

Following a hearing in Richmond today, U.S. district judge John Gibney ruled against Rick Perry's challenge to the Virginia ballot rules.

In his opinion, Gibney says Perry, and the other candidates who joined the challenge, waited too long to bring the suit.

"They knew the rules in Virginia many months ago; the limitations on circulators affected them as soon as they began to circulate petitions," he writes. "They plaintiffs could have challenged the Virginia law at that time. Instead, they waited until after the time to gather petitions had ended and they had lost the political battle to be on the ballot; then, on the eve of the printing of absentee ballots, they decided to challenge Virginia's laws. In essence, they played the game, lost, and then complained that the rules were unfair."

The decision means Perry, as well as Newt Gingrich, Rick Santorum and Jon Huntsman, will not appear on the ballot in the state's March 6 primary.

(Excerpt) Read more at politico.com ...


TOPICS: Breaking News; Constitution/Conservatism; News/Current Events; Politics/Elections; US: Virginia
KEYWORDS: perry; perry2012; perry2020; vagop; vaprimary
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To: Quicksilver
Another skunk bought and paid for by Bain Capital money.


101 posted on 01/13/2012 9:28:42 PM PST by Antoninus (Defeat Romney--Defeat Obama.)
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To: Christie at the beach

>> This wasn’t right at all. This was done in a hurry to help Mitt.

That’s right. So let’s encourage every VA GOP primary voter to select Ron Paul and relegate the VA GOP to the insignificance it sorely deserves.


102 posted on 01/13/2012 9:33:19 PM PST by Gene Eric (C'mon, Virginia -- are you with us or against us?!)
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To: Gene Eric

Why is the GOP openly trying to exterminate conservatives?


103 posted on 01/13/2012 9:43:21 PM PST by txhurl (EVERYONE is losing their virginity in this election. -Marty60)
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To: Lazlo in PA

totally agree with you.

Wish Paul would go away, please!


104 posted on 01/13/2012 9:49:11 PM PST by Salvation ("With God all things are possible." Matthew 19:26)
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To: RKBA Democrat; txhurl

If we conservatives are going to be victimized by the Republican Establishment threatening us with RON PAUL in order to shove MITT ROMNEY down our throats, then why can’t that work in reverse?

The Establishment should be more fearful of Ron Paul as their lord and master. Maybe it is THEY who should dump ROMNEY and whip and spur their way over to our side and help the only three conservatives in the race. An obvious game of “chicken” between US and THEM it seems to me.

If it’s going to be a RON PAUL delegate take over attempt for brokered convention then it sounds like Senator Jim DeMint gets it. He is already raising a white flag of surrender, encouraging Republicans to take the best of Ron Paul’s platform, which is the abuse of the Constitution, and bring the regard for it back into the Party.


105 posted on 01/13/2012 9:49:24 PM PST by RitaOK (LET 'ER RIP, NEWT. NEWT 2012)
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To: txhurl

Cuz’ they’re too cool for school...

I have no idea what their #ing problem is.

C’mon, VA — take a stand!!!


106 posted on 01/13/2012 9:51:32 PM PST by Gene Eric (C'mon, Virginia -- are you with us or against us?!)
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To: Gene Eric

If the Tea Party were organized they could become audible and start throwing their weight around by just voicing the intention to play chicken with the Establishment if that is the choice foisted upon us. Don’t they have to be FAR more concerned of being unemployed and out of power under PAUL, who can’t stand any of them, than we are?


107 posted on 01/13/2012 9:57:50 PM PST by RitaOK (LET 'ER RIP, NEWT. NEWT 2012)
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To: RitaOK

DeMint and Palin’s hints were ridiculous to me as of this morning, but that VA judge buckling to Romney today snapped me out of it.

Taking the GOP up on its dare and winning will put them 6 feet under immediately, if not permanently.

I say, let’s do it.


108 posted on 01/13/2012 10:00:25 PM PST by txhurl (EVERYONE is losing their virginity in this election. -Marty60)
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To: txhurl

For some reason I am thinking that the calendar clock is running out on the Establishment just as much as it is on us, and yet they STILL can’t get us corralled. South Carolina may be the tip of the sword for some of the Romney Establishment backers. Especially if we could get one out of three of our more genuine conservatives to make a race against Romney.

Thank God for Newt’s money. It has been the singular save from Romney taking off and already winning a sweep as he enters into Florida. Sheesh. I am praying over this and believe our candidate is there, if we can just find him and set him upright.


109 posted on 01/13/2012 10:11:46 PM PST by RitaOK (LET 'ER RIP, NEWT. NEWT 2012/ Ron Paul is already Third Party, inside OUR Party.)
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To: RitaOK

>> if that is the choice foisted upon us

Foisted it is indeed.

Good point regarding a mission for VA TEA.


110 posted on 01/13/2012 10:25:26 PM PST by Gene Eric (C'mon, Virginia -- are you with us or against us?!)
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To: RitaOK

Too late for new candidates, and a brokered convention ain’t going to work.

If we can’t knock down Mitt after FL, time for Panama plan B.


111 posted on 01/13/2012 10:26:52 PM PST by txhurl (EVERYONE is losing their virginity in this election. -Marty60)
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To: txhurl

What is the criteria for a brokered convention anyway? If the Paulbots smoke the precincts, counties and state conventions, it does work, huh?


112 posted on 01/13/2012 10:29:57 PM PST by RitaOK (LET 'ER RIP, NEWT. NEWT 2012/ Ron Paul is already Third Party, inside OUR Party.)
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To: txhurl

For some reason this generates an image of a sailing ship in a storm, where all hands are called on deck to trim sails and tack hard to starboard. Seas are high and a safe harbor is sought...


113 posted on 01/13/2012 10:33:06 PM PST by thecodont
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To: Gene Eric

That “national” tea party, I believe they called themselves, announced their endorsement for Romney! Can you imagine that? Maybe three days ago.


114 posted on 01/13/2012 10:33:53 PM PST by RitaOK (LET 'ER RIP, NEWT. NEWT 2012/ Ron Paul is already Third Party, inside OUR Party.)
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To: RitaOK

No doubt an endorsement by some self-appointed jackass with too much free time.

Anyone who claims to be a TEA leader should be chastised.


115 posted on 01/13/2012 10:44:10 PM PST by Gene Eric (C'mon, Virginia -- are you with us or against us?!)
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To: thecodont

When Palin and DeMint implored us to listen to Paul’s voters, they know those voters have zero chance of being harvested, even if he dropped out, which of course he won’t.

So if we all agree Paul’s votes won’t leave him...

And mitt has zero probability of caring what conservatives want...

And the GOP establishment is slowly killing off Newt and both Ricks..

There is only one way out if this doesn’t turn around, and soon.


116 posted on 01/13/2012 10:44:30 PM PST by txhurl (EVERYONE is losing their virginity in this election. -Marty60)
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To: TitansAFC

Why not everyone write in Mickey Mouse on their ballot and deny both of them delegates!


117 posted on 01/14/2012 12:38:17 AM PST by tallyhoe
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To: simplesimon; BuckeyeTexan; altura; shield; All

Here is a LINK to the ruling.

http://media.trb.com/media/acrobat/2012-01/340069800-13125153.pdf

Re: banning petition circulators from out-of-state.

Pages 12-14 [the entire ruling is interesting and informative]

Buckley v Am. Constitutional Law Found., 525 U.S.182 (1999) which was used in Meyer v Grant, 486 U.S.414,421 (1988)...

Commonly referred to as “Buckley.” [In context of the First Amendment, the Court must “be vigilant....to guard against undue hindrances to political conversations and the exchange of ideas.”]


118 posted on 01/14/2012 1:58:23 AM PST by Cincinatus' Wife
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To: 1010RD

“Do you think they have our number or are we bugged?”

They have our number. Traditional conservatives, who are not as huge in number as we’d like to think, have a very bad habit of thinking that politics is about loud debate. That’s part of it, but it isn’t how elections are actually won. And the folks who know how to win elections and want to win have decided that it just isn’t worth the trouble to herd cats. They know that once the candidate is selected, the bulk of the traditional conservatives will vote for whomever that is regardless.

I think the Paul faction has laid out a good strategy for long term success and is acting on it. While I certainly don’t agree with the Paul faction on everything, I agree with enough. They and the gop-e will be in the drivers seat for the foreseeable future. I’m tired of being marginalized, so I plan to be a part of that.


119 posted on 01/14/2012 4:28:28 AM PST by RKBA Democrat (The gop is as much a plantation for conservatives as the 'rat party is for blacks.)
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To: RitaOK

“If we conservatives are going to be victimized by the Republican Establishment threatening us with RON PAUL in order to shove MITT ROMNEY down our throats, then why can’t that work in reverse?”

It could, but I don’t think it’ll happen. Traditional conservatives are too enthralled by the hot debate and too fractured to actually settle on a strategy that will help them to win. Plainly put, the traditional conservatives are leaderless. And I’m not so sure there is anyone who could emerge as a leader. The only name that comes to mind is Sarah Palin. And she apparently doesn’t want the job.

There are three broad ideological groups in the gop in my view. The traditional conservatives who are essentially leaderless, the gop-e led by mitt romney at this point and the newest group, the libertarians which are of course led by Ron and Rand Paul. The groups that have reasonably competent leadership and a strategy are going to be the ones that win. The gop-e and the libertarians have that. Traditional conservatives are going to find themselves wanting to go to the prom, but without a date.


120 posted on 01/14/2012 4:41:10 AM PST by RKBA Democrat (The gop is as much a plantation for conservatives as the 'rat party is for blacks.)
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To: Pan_Yan
If you like the establishment Republicans now you'll love them ata brokered convention.

it would be brokered if there were not enough votes one way or another under the current system......

lets take the handshaking out of these primaries....this is not the 19th century where the technology of the day is the train, which was used to carry the candidates on whistlestops...

lets make the 21st century elections using 21st technology and stop this spread out of primaries...we all know what these people look like...we can hear them at the touch of a finger on the internet....so we find out who we want...we all go out to vote on the same day and we only have a brokered convention if there is a tie..

121 posted on 01/14/2012 5:17:43 AM PST by Vaquero ("an armed society is a polite society" Robert A. Heinlein)
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To: napscoordinator

I disagree...

the poorer candidates could dump their money into advertising for the one big push....and if they dont spend as much in Iowa or New Hampshire, that would not be a tragedy.


122 posted on 01/14/2012 5:24:10 AM PST by Vaquero ("an armed society is a polite society" Robert A. Heinlein)
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To: Theodore R.

All you people gloating over Perry losing this case are too stupid to be allowed to vote.

There really should be an IQ test.

You saw the headline Perry loses and didn’t realize that Perry was the only disenfranchised candidate who was savvy enough to file a suit and the others would ride his coattails.

Newt won’t be on the ballot either, my friend. He also got enough signatures but was taken out on the same technicality that got Perry.

If you like Santorum, he didn’t bother to get signatures at all.

Nobody will be on the ballot but Mitt Romney and Ron Paul, the rino and the crazy guy.

If you people would stifle your unaccountable hate for Rick Perry long enough to let your brains function, it would be better for everybody.


123 posted on 01/14/2012 5:46:51 AM PST by altura (Perry 2012)
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To: shield

Nice guy, nice family, but what an empty hat he turned out to be.


124 posted on 01/14/2012 6:47:45 AM PST by nwrep
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To: RitaOK

You’re praying, I’m praying, Tim Tebow is praying....

Don’t forget to end your prayers with, “Thy will be done.”

It will anyway.


125 posted on 01/14/2012 7:49:44 AM PST by altura (Perry 2012)
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To: STARWISE
This judge was appointed by Barack Hussein Obama. Guess who Barack Hussein Obama wants to run against.
126 posted on 01/14/2012 7:50:45 AM PST by Sal (The Progressive AKA Communist media must be destroyed, discredited, and replaced by humans.)
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To: altura
....If you people would stifle your unaccountable hate for Rick Perry long enough to let your brains function, it would be better for everybody.....

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

"brains function"........

I believe "brains function" is the key to this whole episode. Perry and the other candidates had knowledge of or should have had knowledge of the requirements as set out by the state of Virginia. If they didn't then it really speaks to 'brains function'.

127 posted on 01/14/2012 8:10:07 AM PST by deport
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To: deport

So, you think that Gringrich, Perry, Santorum, Huntsman do not have functioning brains.

That doesn’t leave you with much, does it?


128 posted on 01/14/2012 8:12:41 AM PST by altura (Perry 2012)
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To: altura

That doesn’t leave you with much, does it?


It isn’t me that is in question but rather the candidates who couldn’t follow the procedures as outline by the State of Virginia. You know something along the line of ‘states rights’ that some of them talk about. The guidelines were published in late March 2011 if they had only chose to follow them and not a single one of the candidates chose to question them until they failed to qualify. Some even after attempt to qualify which indicates they knew of the regulations/rules.


129 posted on 01/14/2012 8:20:31 AM PST by deport
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To: BuckeyeTexan; All

Look, the judge is right thy played the game....they are only challenging since they didn’t get enough signatures.

BUT, the judge is WRONG to not rule for them just because they are acting like sore losers.

He even admitted he would have found for them probably earlier.

The constitutionality of a law has no basis in time issues.

Can the campaigns appeal?


130 posted on 01/14/2012 8:43:24 AM PST by rwfromkansas ("Carve your name on hearts, not marble." - C.H. Spurgeon)
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To: Quicksilver

It’s time to get rid of the NC/Iowa election system and just have one big day of primaries. This horserace stuff gets old, and it was created by the party elite to give us the most liberal candidates on the GOP side. Iowa has an open caucus. NH is liberal and has an open primary. By the time states with closed primaries open only to voters in that party come along, the establishment candidate has been picked from a variety of rigged contests. Enough....just vote everywhere one day in March and be done with it. That way, you see what non-establishment people in the actual party want, not Democrats/Republicans crossing over. After realizing how rigged our primary system is to generate a result the elites want in both parties, it astounds me. Obama overcame that system in 2008, but McCain was selected BECAUSE of that system on the GOP side. This year, Romney looks to be selected on the GOP side because of it.

HOW DO WE DO THIS? I don’t have a clue how we can get the RNC to finally get rid of this system.


131 posted on 01/14/2012 8:56:50 AM PST by rwfromkansas ("Carve your name on hearts, not marble." - C.H. Spurgeon)
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To: DoughtyOne
I said it once and I’ll say it again. If Romney was able to get on the ballot, then the other players should have been able to get on the ballot.

That's apparently too deep for the average Perry supporter.

132 posted on 01/14/2012 10:33:20 AM PST by South40 (Just say NO to pro-ILLEGAL alien RINOS!)
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To: RKBA Democrat
Plainly put, the traditional conservatives are leaderless. And I’m not so sure there is anyone who could emerge as a leader.

Sarah Palin is the first name that comes to mind. But you're right, she doesn't want it and I can't say I blame her.

Truth be told, conservatives need a new party. It's been a long time since the Republican Party has represented conservatives in America and I don't see that changing soon.

133 posted on 01/14/2012 10:40:32 AM PST by South40 (Just say NO to pro-ILLEGAL alien RINOS!)
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To: altura

” Thy will be done. ( It will be anyway.) “ <<<

Thank you, FRiend. I believe such a proclamation, or it’s spirit, is the “SEND” button for the only prayers heard. Thanks.


134 posted on 01/14/2012 12:21:28 PM PST by RitaOK (LET 'ER RIP, NEWT. NEWT 2012/ Ron Paul is already Third Party, inside OUR Party.)
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To: RKBA Democrat

You do make the point on being leaderless! I would add *moral* leadership is vacant, but to your point the traditional conservatives are without a leader.

Santorum said something interesting in South Carolina last night. He said, “if you want a leader, then lead him.” The remark hit home, although the context was about Reagan winning in the primary of SC, back before he was RONALD REAGAN. It was South Carolina where Reagan received the primal boost to become the great man revered today.


135 posted on 01/14/2012 12:35:04 PM PST by RitaOK (LET 'ER RIP, NEWT. NEWT 2012/ Ron Paul is already Third Party, inside OUR Party.)
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To: peyton randolph

I’ve given Rick Perry plenty of grief here on his in-state tuition and “dont’ have a heart” comment, but I’d like to see him be on the ballot everywhere he’s filed to do such.

We have too many effing judges, lawyers and functionaries who decide things for us. Let the polls decide it. I’d like to see more than Romney and Paul, Huntsman and Santorum in the mix in ANY state.


136 posted on 01/14/2012 12:40:23 PM PST by Gaffer
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To: Darnright

That’s a great point. Living in Virginia, you’d think the guy would have had an inside on the process.


137 posted on 01/14/2012 1:05:24 PM PST by DoughtyOne (This administration is Barawkward... yes lets try everything that failed in the 20th Century. NOT!)
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To: 1010RD

Well it wasn’t getting the best available Conservative into office, that’s for sure.


138 posted on 01/14/2012 1:22:13 PM PST by DoughtyOne (This administration is Barawkward... yes lets try everything that failed in the 20th Century. NOT!)
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To: 1010RD

BTW, you’re obviously right about money and running a great campaign too.


139 posted on 01/14/2012 1:23:22 PM PST by DoughtyOne (This administration is Barawkward... yes lets try everything that failed in the 20th Century. NOT!)
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To: South40

The proof is in the puddin’. ;^)


140 posted on 01/14/2012 1:46:07 PM PST by DoughtyOne (This administration is Barawkward... yes lets try everything that failed in the 20th Century. NOT!)
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To: Gaffer

“We have too many effing judges, lawyers and functionaries who decide things for us.”

Actually, it was the Virginia GOP and the Virginia legislature who decided how the candidates would be selected for the Virginia Primary.


141 posted on 01/14/2012 1:52:27 PM PST by trumandogz
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To: peyton randolph

“Instead, Iowa and New Hampshire screwed up yet another presidential election.”

so its Iowa and NH fault that the Perry campaign couldnt figure out how to get on the VA Ballot? Its Iowa and NH fault that Perry made such piss poor showings at the debates calling conservatives “heartless” and saying oops because he forgot what he was doing in the middle of a debate. I am sorry but all of Perrys woes are self inflicted. He either should have waited for another cycle or gotten in much earlier. the man clearly was not ready for prime time - he may now be damaged goods for any future runs as well.


142 posted on 01/14/2012 2:37:47 PM PST by DM1
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To: DoughtyOne
Hey Tag Team Buddy! You're right, the proof is in the pudding. Perry supporters, however, say their boy is going to do well in South Carolina which is entirely untrue as he is currently tied for last place with Huntsman. That Rick Perry -- what a vote getter!
143 posted on 01/14/2012 2:42:27 PM PST by South40 (Just say NO to pro-ILLEGAL alien RINOS!)
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To: DM1

Has nothing to do with Perry in particular. Front-loading the system with small blue/purple states gives us the most left candidates.

Had red states (big or small) been at the front, you’d have seen Romney, Huntsman, etc. disappear into irrelevance almost immediately. Outside of Texas, Paul would have been treated like the kook that he is in most red states.

The game is rigged to give us big government leftists as the only “choices”...candidates who better represent the Democrat Party than the GOP.


144 posted on 01/14/2012 3:02:28 PM PST by peyton randolph (B. Hussein Obama solved Bush's "problem" of a AAA credit rating)
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To: DM1

Has nothing to do with Perry in particular. Front-loading the system with small blue/purple states gives us the most left candidates.

Had red states (big or small) been at the front, you’d have seen Romney, Huntsman, etc. disappear into irrelevance almost immediately. Outside of Texas, Paul would have been treated like the kook that he is in most red states.

The game is rigged to give us big government leftists as the only “choices”...candidates who better represent the Democrat Party than the GOP.


145 posted on 01/14/2012 3:02:57 PM PST by peyton randolph (B. Hussein Obama solved Bush's "problem" of a AAA credit rating)
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To: TitansAFC

“EVEREYONE in VA should now vote for Ron Paul and deny Mitt Romney any of it’s delegates!”

NO! That geriatric clown is 1000X more dangerous to this country than Romney could ever DREAM of being.


146 posted on 01/14/2012 3:25:38 PM PST by Pravious
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To: South40

“Truth be told, conservatives need a new party. It’s been a long time since the Republican Party has represented conservatives in America and I don’t see that changing soon.”

While I don’t see traditional conservatives being well represented, I do see the libertarians and to a lesser extent the paleo-conservatives getting a better shake in the coming years.

Unfortunately, third parties just don’t work. In the last 150 years, only one third party has risen to displace an existing primary political party. And that was the GOP in the 1860’s. That’s the reason why the libertarians are working to get Ron Paul elected as a Republican. If the Libertarian Party was capable of competing, it would have done so a long time ago.


147 posted on 01/14/2012 6:42:54 PM PST by RKBA Democrat (New tagline: The party of Liberty - The GOP. Join today!!)
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To: tallyhoe
Why not everyone write in Mickey...

Write-ins are not part of the VA primary process. It's only Romeny or Pauly.

148 posted on 01/14/2012 8:31:24 PM PST by C210N (Dems: "We must tax you so that we can buy your votes")
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To: C210N

So there are no write in’s huh? That is kinda dumb! Then everyone don’t vote!


149 posted on 01/14/2012 8:55:22 PM PST by tallyhoe
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To: trumandogz

In the end the judge decided.


150 posted on 01/15/2012 2:31:53 AM PST by Gaffer
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