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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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1 posted on 01/13/2012 1:49:55 PM PST by Quicksilver
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To: Quicksilver

Punt? Waited too long?!


2 posted on 01/13/2012 1:50:55 PM PST by Quicksilver (nominate Rick Perry - defeat Obama - overhaul Washington!)
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To: Quicksilver

Who cares, single digit Perry will be out long before March 6.


3 posted on 01/13/2012 1:51:48 PM PST by PAConservative1
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To: Quicksilver

Swell. This will give another boost of delegates to Paul so that he will be able to take over the convention. He is already trying to get his people installed as delegates in states and if he can force a brokered convention, he will have the keys to the car. This is not good.

http://www.businessweek.com/news/2012-01-11/paul-may-win-republican-convention-clout-by-gaining-delegates.html


4 posted on 01/13/2012 1:55:57 PM PST by Lazlo in PA (Now living in a newly minted Red State.)
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To: PAConservative1

“Who cares, single digit Perry will be out long before March 6.”

****

And if Texas had been one of the first three states, it would have been an entirely different story. Instead, Iowa and New Hampshire screwed up yet another presidential election.

I’ve got more people living within 10 miles of me than voted in both of those states combined. And about 70% of them are Republican too. Guess we can’t have those types deciding who gets to be the nominee. Let’s have liberal Dims and “independents” pick for us instead. Meh.


5 posted on 01/13/2012 1:56:51 PM PST by peyton randolph (B. Hussein Obama solved Bush's "problem" of a AAA credit rating)
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To: PAConservative1

I’m a Virginian, I’d like some choices besides Romney and Paul.


6 posted on 01/13/2012 1:56:51 PM PST by Quicksilver (nominate Rick Perry - defeat Obama - overhaul Washington!)
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To: PAConservative1

But this keeps Gingrich and Santorum off the ballot, too, so many people care.


7 posted on 01/13/2012 1:57:04 PM PST by LonelyCon
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To: Quicksilver

What a total reversal of his signals on the 9th.


8 posted on 01/13/2012 2:01:14 PM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: All

From another source: “Gibney said if the lawsuit had been filed in a “timely manner” then the four GOP candidates would probably have won their argument that it is unconstitutional to allow only Virginia residents to circulate the petitions to get candidates on the state ballot.”

WTH?!


9 posted on 01/13/2012 2:03:25 PM PST by Quicksilver (nominate Rick Perry - defeat Obama - overhaul Washington!)
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To: PAConservative1
Who cares, single digit Perry will be out long before March 6.

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.

So, either you didn't follow the news, or you're a supporter of Romney/Paul.

10 posted on 01/13/2012 2:04:20 PM PST by paudio (0bama is like a bad mechanic who couldn't fix your car - he just makes it worse. Get somebody else!)
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To: Quicksilver

The decision makes sense, I guess, but too bad about Gingrich and Santorum.


11 posted on 01/13/2012 2:04:47 PM PST by Cicero (Marcus Tullius)
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To: Quicksilver

Why can’t people write-in their votes?


12 posted on 01/13/2012 2:04:52 PM PST by World'sGoneInsane (We Can Take OUR Country Back--Perry 2012)
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To: Quicksilver

The Republican Party sucks.

I belong to it and it sucks.

Here are Republicans making the votes of Republicans not count.

I wish we had a real Party I could become a part of , the Republicans are leaving me.


13 posted on 01/13/2012 2:05:02 PM PST by Venturer
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To: BuckeyeTexan

If judges wish to remain judges, they do what they are told.


14 posted on 01/13/2012 2:05:07 PM PST by MestaMachine (obama kills)
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To: shield

*


15 posted on 01/13/2012 2:06:08 PM PST by Quicksilver (nominate Rick Perry - defeat Obama - overhaul Washington!)
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To: peyton randolph

You mean like voting for a Texan like Ron Paul?


16 posted on 01/13/2012 2:06:16 PM PST by edpc (Wilby 2012)
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To: World'sGoneInsane

The Virginia state law does not permit write-in votes for primaries.


17 posted on 01/13/2012 2:09:24 PM PST by Quicksilver (nominate Rick Perry - defeat Obama - overhaul Washington!)
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To: Quicksilver

If Perry’s debate performance didn’t eliminate him for you, surely that combined with his inability to make it on the ballot should, much less the ‘vulture capitalism’ crap he’s peddling. Seems like a decent guy, but not for president. I see no real change of a comeback for him. His presence in the race is to Romney’s benefit alone. He should consider what he’s trying to accomplish.


18 posted on 01/13/2012 2:11:29 PM PST by americanophile ("this absurd theology of an immoral Bedouin, is a rotting corpse which poisons our lives" - Ataturk)
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To: Quicksilver; All

This is unfortunate unless you are a Paul or Romney supporter. Should be obvious by now that this is one messed up primary. I know it is not over yet, and I am fighting for Newt, but to think we could end up with Romney or Paul just blows my mind. Candidates who did not/do not have a chance of winning the primary, much less the general election stayed in too long. I blame irrational voters on that. A long time ago we should have gotten behind the one NOT Romney candidate that has the best chance to restore our country based on policies, experience and strength, and who has a chance to beat Obama.


19 posted on 01/13/2012 2:14:05 PM PST by LuvFreeRepublic ( (I am angry and that is why I am #withNewt))
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To: Quicksilver

Easy Solution:

Virginia is winner-takes-all on delegates.

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


20 posted on 01/13/2012 2:15:05 PM PST by TitansAFC (Rick Santuckabee is 2012's version of Mike Huckatorum. Avoid Conservicide voting; support Newt!!)
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To: peyton randolph
... And if Texas had been one of the first three states, it would have been an entirely different story. Instead, Iowa and New Hampshire screwed up yet another presidential election.

lets get a US constitutional amendment to have all state, US Presidential candidate selection votes (primaries/caucus/magic 8 ball, whatever), to occur on the same day.

I am sick of tired of having the vote come to my state with the candidate already picked(for the most part). This ticks me off every election cycle.

21 posted on 01/13/2012 2:15:15 PM PST by Vaquero ("an armed society is a polite society" Robert A. Heinlein)
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To: Quicksilver; SZonian

Oh, Quack!


22 posted on 01/13/2012 2:16:49 PM PST by reaganaut (If Romney is a conservative then I’m the frickin Angel Moroni.)
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To: Quicksilver

The primary process has become one big farce. Who actually gives a damn anymore except the MSM? Why will states like Virginia and Illinois even waste the money on a primary?


23 posted on 01/13/2012 2:16:55 PM PST by A_Tradition_Continues (formerly known as Politicalwit ...05/28/98 Class of '98)
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To: TitansAFC

I am doing that and am encouraging others to do the same.


24 posted on 01/13/2012 2:18:33 PM PST by DarthVader (That which supports Barack Hussein Obama must be sterilized and there are NO exceptions!)
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To: Quicksilver
The Virginia state law does not permit write-in votes for primaries.

This makes no sense, no sense at all. In the meantime, we are fighting for democracy elsewhere.

25 posted on 01/13/2012 2:18:44 PM PST by World'sGoneInsane (We Can Take OUR Country Back--Perry 2012)
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To: Quicksilver

Good. One less conservative to split 2% off of whatever conservative/s is/are left standing (if any) when the show arrives in VA.


26 posted on 01/13/2012 2:22:10 PM PST by newgeezer (It is [the people's] right and duty to be at all times armed. --Thomas Jefferson)
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To: Venturer

I have always been against voting third party because of the Perot/Clinton result. At some point though, the Republicans have to stop catering to moderates and independents. A big tent doesn’t advance conservatism. And if we’re not advancing conservatism, what is the point of voting Republican?

(Flame away!)


27 posted on 01/13/2012 2:26:37 PM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: Cicero

Agreed. I think it says a lot about the organization of candidates who fail to fulfill state election requirements. Running for President is not an easy task, so it should force candidates to step it up and get their ground games going for all kinds of reasons.

Poorly played by several in the pot. I’m dissapointed.


28 posted on 01/13/2012 2:27:26 PM PST by Allon (Since 1980, no Republican has won his party's nomination without winning in South Carolina.)
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To: Vaquero
I agree with you. By the time I get to vote in Arizona I will have limited options. Same thing happened with McCain. Like someone else stated, it is crazy for states like Iowa, New Hampshire and South Carolina to decide who the Republican candidate should be.

They should break the primaries up into 3rds over a 3 month period. This will allow the serious candidates to stay in and the weak candidates to be culled early.

29 posted on 01/13/2012 2:30:29 PM PST by martinidon
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To: TitansAFC
Virginia is winner-takes-all on delegates. EVEREYONE in VA should now vote for Ron Paul and deny Mitt Romney any of it’s delegates!

Yep. Otherwise, Mitt benefits most.

30 posted on 01/13/2012 2:30:40 PM PST by Smokin' Joe (How often God must weep at humans' folly. Stand fast. God knows what He is doing)
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To: Cincinatus' Wife; jonrick46; deepbluesea; TexMom7; potlatch; SunkenCiv; wolfcreek; BuckeyeTexan; ...
Perry Ping....

IF you'd rather NOT be pinged FReepmail me.

IF you'd like to be added FReepmail me. Thanks.

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


31 posted on 01/13/2012 2:31:02 PM PST by shield (Rev 2:9 Woe unto those who say they are Judahites and are not, but are of the syna GOG ue of Satan.)
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To: Quicksilver

Perry filed it immediately, judge must be speaking of the others who waiting too long. This could be fast tracked to the USSC.


32 posted on 01/13/2012 2:32:55 PM PST by shield (Rev 2:9 Woe unto those who say they are Judahites and are not, but are of the syna GOG ue of Satan.)
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To: Quicksilver

How pathetic. It’s either unconstitutional or it’s not. Constitutionality doesn’t change based on an arbitrary timeframe. Where does the Constitution stipulate that freedom speech has an expiration date?


33 posted on 01/13/2012 2:34:33 PM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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To: Quicksilver
Rick, come home to Texas.

Our Media will give you the hall passes they always have.

It is over. Wave good bye. Bow out like a man.

Hope that no one who wants to run for Govenor has been a coma for the past year.

34 posted on 01/13/2012 2:34:50 PM PST by hadaclueonce (scrap copper is more than $3.00 a pound. wind generators are full of copper)
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To: Vaquero
I am sick of tired of having the vote come to my state with the candidate already picked(for the most part). This ticks me off every election cycle.

Amen.
35 posted on 01/13/2012 2:38:51 PM PST by Army Air Corps (Four Fried Chickens and a Coke)
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To: americanophile

“If Perry’s debate performance didn’t eliminate him for you, surely that combined with his inability to make it on the ballot should, much less the ‘vulture capitalism’ crap he’s peddling.”

His EARLY debate performances made no difference in my support for Perry, since the reason for them was considerable pain due to back surgery. His debate performances are just fine now.

On the other thread about this subject, the owner of FR stated that Perry did not attack capitalism, he attacked Romney. Too bad others can’t see the truth of that.


36 posted on 01/13/2012 2:39:03 PM PST by CatherineofAragon
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To: LuvFreeRepublic
A long time ago we should have gotten behind the one NOT Romney candidate that has the best chance to restore our country based on policies, experience and strength, and who has a chance to beat Obama.

We would have but she decided not to run.

37 posted on 01/13/2012 2:39:07 PM PST by houeto ("Click Free or Die!" -Travis McGee)
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To: hadaclueonce

I have seen more stupid posts on this one thread than I’ve seen a week.

Most of the people gloating over this don’t seem to realize that all the viable candidates except Romney will be off the ballot.

The other percent who realize this are just so happy that Perry (who actually filed a timely suit) will be off the ballot that they’ve lost all sense of reason.

People gloating over Perry will be sorry when no good candidates are left.

And to you, who are so ignorant you claim the Texas press gives Perry a pass when they have fought and despised him for years, I don’t even know what to say.


38 posted on 01/13/2012 2:40:08 PM PST by altura (Perry 2012)
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To: Quicksilver

Who thought that VA would throw out signatures that were gathered by out of state volunteers.

To bad VA is stuck with a choice between Crazy and Blank Picture.


39 posted on 01/13/2012 2:40:57 PM PST by marty60
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To: newgeezer
Good. One less conservative to split 2% off of whatever conservative/s is/are left standing (if any) when the show arrives in VA.

One less? Did you read it? Virginia now has a choice of Romney or Paul. That's it.

40 posted on 01/13/2012 2:43:01 PM PST by houeto ("Click Free or Die!" -Travis McGee)
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To: Vaquero

” lets get a US constitutional amendment to have all state, US Presidential candidate selection votes (primaries/caucus/magic 8 ball, whatever), to occur on the same day.”

You’ve seen six different front runners this election cycle. If everyone voted on one day you’d get the flavor of the day. Better to divide the states into five groups of ten and have five primary dates two or three weeks apart. Rotate the order of the groups every four years and all closed primaries.


41 posted on 01/13/2012 2:45:56 PM PST by Pan_Yan
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To: altura

Good post altura.


42 posted on 01/13/2012 2:47:20 PM PST by houeto ("Click Free or Die!" -Travis McGee)
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To: houeto
I feel the same way and given the FACT that Palin was run off, and Romney is shoved down our throats, I am even more upset that we couldn't not get together and defeat the GOP agenda of Mittens.

A little off topic, but related to Palin. She has been warning us that we need to VET Romney, because it will be costly if we don't. Watch to the end.

http://www.youtube.com/watch?v=NQrAI6fwuhs&feature=youtu.be

Obama’s machine is going to destroy Mitt.

43 posted on 01/13/2012 2:48:21 PM PST by LuvFreeRepublic
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To: Quicksilver

These guys cannot even run a campaign and they want to run the country?


44 posted on 01/13/2012 2:49:09 PM PST by ex-snook ("above all things, truth beareth away the victory")
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To: edpc

Ron Paul’s voting base is not GOP. Add in blue and purple states and it is a recipe for disaster.


45 posted on 01/13/2012 2:51:17 PM PST by peyton randolph (B. Hussein Obama solved Bush's "problem" of a AAA credit rating)
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To: houeto

Thanks. I’ve been beaten up a lot today so your post helps.


46 posted on 01/13/2012 2:55:11 PM PST by altura (Perry 2012)
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To: Quicksilver

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.

I won’t be voting for Romney come hell or high water, but geez folks. If his organization can get him on the ballot, what does that say about the organizations of the other candidates?

This is one instance where I don’t take the Republican party to task, and Lord knows I’ve lost every ounce of respect for the party and it’s leadership.


47 posted on 01/13/2012 2:56:52 PM PST by DoughtyOne (This administration is Barawkward... yes lets try everything that failed in the 20th Century. NOT!)
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To: ex-snook

well, you should be happy with Mitt and Ron Paul, then.

Apparently they can run a campaign by your standards.


48 posted on 01/13/2012 2:57:04 PM PST by altura (Perry 2012)
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To: shield; All

Judge Gibney: “The residency issue is likely to fall in the appellate court, but I can’t see how I can put them on the ballot without the 10,000 signatures.”


49 posted on 01/13/2012 2:57:26 PM PST by Cincinatus' Wife
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To: Lurking Libertarian
"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." ~Judge Gibney

I do not understand this ruling. The judge said on the 9th that the residency requirements for petition circulators was likely unconstitutional and likely violated the candidates' free speech rights. How does the constitutionality of an issue expire or become void just because VA needed to print its absentee ballots. Either it's unconstitutional or it's not. What gives? If the candidates had not even bothered to gather signatures, the court would have said they didn't have standing because they made no attempt to get on the ballot and therefore suffered no injury.

50 posted on 01/13/2012 3:00:36 PM PST by BuckeyeTexan (Man is not free unless government is limited. ~Ronald Reagan)
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