Charles, the original article I read (and I admit I have not researched this at all) quoted the Virginia Code which referenced specifically the Republican Party.
The implication was that there are different rules for each of the parties, and that was what I objected to. If that is not the case, I have no issue.
From further posts, it appears that some elements of the Republican procedure are NOT mandated by the sections of the Virginia Code governing Presidential elections. It appears that this is a mess, and perhaps does offer the possibility of injunctive relief.
The parties are given a job to do, how they do it seems mostly up to them. However, a lawsuit was filed challenging how a party was doing the job, and the courts certainly could have a say in whether the parties are adhering to the law.
I've heard the democratic party makes it a point to collect signatures for candidates they approve. The republican party stays neutral and lets the candidates do the job, although I can tell you that the local committees are happy to collect signatures if asked.
I saw a letter that is supposedly from Pat Mullins, the RPV chair. I can't vouch for it's accuracy, but it sounds like him:
First of all, I am neutral in the Primary. As the Party’s leader I think that it’s important I ensure a level playing field, not take a side. Plus, any one of our nominees will be better than the current occupant of the White House. Our Country is spiraling downward, economically and socially, and we need to be united to win in November, 2012.Take it for what you will, everybody. He makes arguments that I would expect him to make, and denies the baseless charges that he changed the rules at the last minute to support an individual candidate.Second, the Republican Party of Virginia merely certifies petition signatures. We don’t set ballot access laws. Those laws are set by the General Assembly, not by the RPV.
The candidates for President all knew the laws set by the Commonwealth of Virginia that they needed to abide by to get on the ballot. We can’t change the rules mid-game to right what may or may not be a wrong. The law is the law.
Lastly, this is a personal opinion. Virginia is the cradle of Democracy. The ballot access laws should be modified and streamlined to allow greater participation. We can’t do anything about 2012 at this point. But I do intend to appeal to our General Assembly and elected leaders to bring Virginia’s ballot access more in line with other states — simpler and streamlined with greater access. I think it’s important that the people in Virginia get to vote for the candidate of their choice, not be restricted.
One more thing — Rick Perry sued Virginia, RPV and me today, so I probably going to be told by our lawyers I can’t say anything more about this. It’s not usual that I’m sued by someone I like, but politics is strange, huh? :}”
- Pat Mullins
I think a state court is a better shot, but I understand that a local group is going to file the state lawsuit, so we'll have both avenues covered. The state suit is conservatives led by a lawyer who is a former Democratic party chair. The idea is to show both sides are in agreement.