Judge rules against Rick Perry's Virginia ballot suit

Politico ^ | January 13, 2012 | EMILY SCHULTHEIS

[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.

[Pan_Yan]

” 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.

[houeto]

Good post altura.

[LuvFreeRepublic]

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.

[ex-snook]

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

[peyton randolph]

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

[altura]

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

[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.

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.

[altura]

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

Apparently they can run a campaign by your standards.

[Cincinatus' Wife]

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.”

[BuckeyeTexan]

"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.

[Darnright]

Oh, you’re from Iowa. So you don’t realize Virginians now have a whopping TWO candidates from which to choose. Guess I get to vote for Ron Paul. Whoopie. Not.

[altura]

Well then, it looks like, if I can decipher the judge’s convoluted reasoning, that Perry had the signatures but they can’t verify the residency requirement of the signature gatherers and that will fall in appellate court.

What about his rule saying the ballots couldn’t be printed until this was resolved?

Does he now consider it resolved or has he now handed it off to the appellate court?

I’m not blaming the candidates here, I’m blaming the idiots who seem to be running the Republican party in Virginia.

[TADSLOS]

Rules and capitalism. Who needs ‘em?

[Darnright]

>If his organization can get him on the ballot, what does that say about the organizations of the other candidates?<

Isn’t that the truth. It’s especially galling in the case of Newt. For goodness’ sake the man LIVES in Virginia.

[altura]

If you’re from Virginia, you need to get on the phone right now, or better still march down to someone’s office.

This is ridiculous.

[Reily]

Getting on the primary ballot ought to be nothing more then paying a registration fee of say $50K. Use that money to pay the party's general primary expenses. The dollar number should be high enough to keep out the numbers reasonable, but low enough for someone with a little effort could raise it. I think the average VA GOP voter can judge the worthiness more then a handful of candidates.

[COBOL2Java]

This is a Friday night dump before a 3-day weekend. Virginia offices are closed. How convenient.

[houeto]

This is ridiculous.

Worse than that. This damned game is rigged. I'm convinced of it.

[Vaquero]

You get the flavor of the day in the general,why not the primaries

All the ads would be nationwide hot and heavy for the weeks preceding and then you.vote. Any problems get ironed out at the convention

[Ransomed]

Same here. At least have the first few in a state that went GOP in the last pres. election. Iowa went dem every time exepting 2004 since 1988. New Hampshire went dem in 4 of the last 5 pres. elections. Genius.

I live in Va, and I bet that it will be decided long before super tuesday anyhow. I could be wrong.

Freegards