Skip to comments.Perry files emergency motion to get name on Va. primary ballot
Posted on 12/28/2011 1:10:59 PM PST by Cincinatus' Wife
Texas Gov. Rick Perry today filed an emergency motion in U.S. District Court in Richmond seeking an injunction ordering the State Board of Elections to print presidential primary ballots with his name.
Perry filed suit in federal court Tuesday challenging his exclusion from the March 6 primary ballot, naming the three members of the elections board and Pat Mullins, chairman of the state Republican Party.
Perry is urging a judge to bar the elections board and Mullins from enforcing the state residency requirement for people who collect petition signatures for ballot access.
(Excerpt) Read more at 2.timesdispatch.com ...
Perry's lawyers said a preliminary injunction was necessary since the deadline to print ballots in Virginia will be in two to three weeks.
In the absence of a preliminary injunction, plaintiff will suffer irreparable harm, per filing.
The case is Perry v. Judd, 3:11-cv-856, U.S. District Court, Eastern District of Virginia in Richmond.
More power to him. He and Newt got screwed by the northeastern establishment Rinos including the VA Gubner. Oh, and don’t try to tell me that VA is part of the south. It’s not.
It’s a D.C. Beltway electorate.
So...they gamed the system by imposing a residency requirement on those who collected signatures...that’s how they said Newt and Perry didn’t have enough valid signatures. Very interesting...
Question: Does any one know why Newt isn’t challenging this? Wouldn’t there be strength in numbers?
Why only Perry?
It was the VA GOP who eff’ed up by changing the rules (see below).
Every candidate signs an agreement before the election not to litigate intra-party disputes (no suing your own party).
The VA GOP announced that their Rules Committee would not meet in time to resolve the dispute by the state deadline (Dec 27). So Newt and Perry had no recourse within the party rules.
Perry’s only other option is to sue the state on broader constitutional grounds.
Here’s the timeline.
2008 Primary: The VA GOP (rpv.org) instructs all candidates to get 10000 sigs, with 15000 as a safety margin. This repeats the recommendations of the State Board of Elections. All candidates do submit 10000+ sigs. The VA GOP waives the requirement to verify the signatures and submits them without checking.
May 2011: The VA GOP instructs all candidates to get 10000+ sigs, with 15000 as a safety margin (same as 2008).
July 2011: Candidates are allowed to begin collecting signatures.
October 2011: Some guy named Osborne, who is running in a state election, files a lawsuit protesting that the no-check rule is unfair.
November 2011: In reaction to the lawsuit, the VA GOP decides to change the no-check rule for presidential primaries. They increase it from 10000 sigs to 15000 sigs. They send an electronic notice (e-mail or fax) to all candidates advising of the rule change.
For whatever reason Newt’s campaign didn’t get the notice. The e-mail/fax was never received or misrouted, unclear.
December 2011: The Gingrich campaign announces they have over 10000 sigs (the requirement) and are pushing for 15000 to meet the recommended number (see May above). At this point they believe they have breathing room. Getting 15000 is not essential just a good cushion so they aren’t too worried.
December 21, 2011: The VA GOP publishes an undated letter announcing the rule change.
The PDF contains a hidden Microsoft Word creation date of 12/21/2011. This is the first public announcement of the rule change AFAIK.
Newt’s campaign freaks out at the surprise rule change (claims ‘Pearl Harbor’). Now getting 15,000 sigs isn’t nice-to-have but absolutely essential. Newt flies to VA to scramble to get 15,000 sigs.
Newt’s campaign turns in 11,500 sigs, short of the new rule’s 15,000 no-check requirement.
December 23: Because Newt/Perry are below 15,000 sigs the VA GOP runs the sigs through a computer-based address checking system. This has never been done before, not in 2008 nor prior primaries, for any candidate. Enough sigs are rejected to toss Newt and Perry off the ballot. The VA GOP announces this on Twitter.
December 27: The VA GOP turns in the final slate to the State Board of Elections.
Thanks for finding the motion.
I think it is because Newt's campaign probably realizes that this was an internal party screwup.
Dat twasn't no screwup son. They were plainly screwed over. I guess the VA GOP likes Obama.
The graceful way Perry accepted responsibility compared to the whining tantrum thrown by Gingrich, even promoting an illegal write-in campaign, says a lot about the character of the two men.
Wow! I have never seen that timeline before with so many interesting dates and facts. No wonder the Pearl Harbor reference by Newt. Hmmmm....Very suspicious Newt never got the change in rules when they sent them out!
He says he’s going to get write-in signatures: fat chance!
Virginia is a “swing” state and part of Super Tuesday. Texas (also Super Tuesday state) has been sidelined due to redistricting case going to the Supreme Court.
Write-ins are not allowed in VA primary elections.
“No write-in shall be permitted on ballots in primary elections.”
I just found this info (I don’t know how it plays into this).
WASHINGTON, D.C. —
A person hired to collect names to get Republican presidential candidate Newt Gingrich on the ballot for the Virginia primary turned in fraudulent signatures, Gingrich says.
We hired somebody who turned in false signatures. We turned in 11,100 — we needed 10,000 1,500 of them were by one guy who frankly committed fraud,” Gingrich told a woman at a campaign stop in Algona, Iowa.
Nope it was just part of the plan to head of the rabble, works too.
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Now, about your posts on this thread:
I take it you’ve read the posts here and can understand the chronology of events, as well as the VAGOP regulations... and the historical precedence of how they were enforced.
So, are you still going to say Newt and Perry didn’t turn in over the required 10,000 signatures? Or say that the VAGOP did apply their regulations equitably? Or say that the VAGOP didn’t change their policies after the fact?
What am I saying? Of course you will. You, like so many, can’t admit making a mistake.
Because anything Newt does is considered “negative.” I say the Republican voters of Virginia file a class action lawsuit, protest or something. I can’t get over that 5 out of the 7 candidates won’t be on the ballot. The stink isn’t getting any better.
The signatures must be of "registered Virginia voters". Perry and Gingrich might have turned in documents with 10,000 names on them, but do you know whether there were 10,000 names of "registered Virginia voters"?
No, I didn't think so.
Candidates were officially informed of the 15,000 rule in October 2011, well in advance of the Dec. 22 submission deadline. The rule was no surprise to any candidate and indeed, no candidate or campaign offered any complaints ..."
Didn't see this on your timeline.
Should be, don't you think?
You are very welcome. This thread and another started me looking.
It doesnt matter if the signatures are valid or not... as the VAGOP regulations stipulate that signatures are only to be checked for local and state elections, not for national offices.
That was the case for Paul and Romney for the 2012 election and all the candidates for all national elections as far back as 1996 (I havent bothered to look farther than that).
As that is the regulation and the precedent, then Newt and Perrys signatures are to be treated the same way. Equal treatment under law, as according to the 14th Amendment of the US Constitution.
Which means, under VAGOP regulations, they qualified and must be on the ballot.
Id recommend the VAGOP get their head out of their @ss and rewrite their eligibility requirements for the next election, though.
(that, and its nice to see these rules-are-rules jerkwads hoisted on their own petards)
Virginia is a swing state and part of Super Tuesday. Texas (also Super Tuesday state) has been sidelined due to redistricting case going to the Supreme Court.
Equal treatment under law, as according to the 14th Amendment of the US Constitution.
Do you realize how utterly crazy this sounds? You make the OWS protestors seem sane by comparison.
All they have accomplished is making sure they are first in line for payback.
Couldn’t happen to two nicer guys.
Texas will not be part of the March 6 Super Tuesday vote.
For the VAGOP precedence of not checking signatures, see this thread:
For the regulation is question stating that it’s only for state/local office and not national (please note that there isn’t even a mention of addresses or checking involved, which is completely different that the regulation for state/local elections):
Virginia law does NOT require an address on petitions for Presidential Primaries: § 24.2-545
“B. Any person seeking the nomination of the national political party for the office of President of the United States, or any group organized in this Commonwealth on behalf of, and with the consent of such person, may file with the State Board petitions signed by at least 10,000 qualified voters, including at least 400 qualified voters from each congressional district in the Commonwealth, who attest that they intend to participate in the primary of the same political party as the candidate for whom the petitions are filed. Such petitions shall be filed with the State Board by the primary filing deadline. The petitions shall be on a form prescribed by the State Board and shall be sealed in one or more containers to which is attached a written statement giving the name of the presidential candidate and the number of signatures on the petitions contained in the containers. Such person or group shall also attach a list of the names of persons who would be elected delegates and alternate delegates to the political partys national convention if the person wins the primary and the party has determined that its delegates will be selected pursuant to the primary. The slate of delegates and alternates shall comply with the rules of the national and state party.”
So the precedence is for 10,000 signatures or more, without checks. And the regulation is for 10,000 signatures or more, without checks.
And the VAGOP applied that for Romney and Paul... but not for anyone else.
As for whether it’s whacked out or not, maybe that’s a question everyone ought to be asking the VAGOP...
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