BREAKING: Rick Perry Files Lawsuit To Get On Virginia Primary Ballot

businessinsider.com ^ | 12/27/2011 | Zeke Miller

[TBBT]

Texas Gov. Rick Perry has filed suit in federal court against the Virginia Republican Party and the Virginia Board of Elections in order to gain a spot on the Commonwealth's primary ballot. Perry was excluded after the party found he had not submitted enough valid signatures by the deadline last Thursday. His campaign submitted 6,000 of the required 10,000, according to the suit. The lawsuit alleges that Perry's 1st and 14th Amendment rights were violated by the requirement that those circulating the petitions also be eligible or registered voters of Virginia. Failure to get on the ballot is a major embarrassment for the struggling Perry campaign — but he is not alone. Another one-time GOP frontrunner, Newt Gingrich, also failed to qualify. "Gov. Perry greatly respects the citizens and history of the Commonwealth of Virginia and believes Virginia Republicans should have greater access to vote for one of the several candidates for President of the United States," Perry communications director Ray Sullivan said in a statement. "Virginia ballot access rules are among the most onerous and are particularly problematic in a multi-candidate election. We believe that the Virginia provisions unconstitutionally restrict the rights of candidates and voters by severely restricting access to the ballot, and we hope to have those provisions overturned or modified to provide greater ballot access to Virginia voters and the candidates seeking to earn their support."

[pgkdan]

From what I understand is that they were just going to ensure the signatures were correct. That is it. Perry didn’t even get the necessary minimum signatures.

WRONG! The minimum was 10,000 and both submitted more than 11,000. Santorum and Bachmann submitted nothing so they have no right to be on the ballot.

[pgkdan]

On the other hand the evidence is that Romney and his people ~ including Virginia’s Lt. Governor Bolling, CHEATED just like Democrats in Chicago.

I hope the voters of VA are [aying attention! Bolling engineered this coup and this should kill any aspirations he has for Governor. Ken Cuccinelli should crush him if we have a primary next year!

I hope every VA Freeper is busy this morning emailing and calling McDonnell and Cuccinelli urging them to publicly denounce this debacle and call for Perry and Newt to be allowed on the ballot!

[jersey117]

The Cooch" will need to respond to that on behalf of the Commonwealth ...... and he literally has it in his power to RUIN Romney.

But will he? Or is he more establishment than conservative fighter?

[pgkdan]

It's a rare event indeed when Perri Caliente has an interest that coincides with my interests ~ he has yet to tell us that Americans should always come first in America, and Mexicans should go to Mexico to be first.

So you support "red card" Newt who actually IS pro-amnesty? You're insane.

[PapaNew]

What’s the difference in FR between “Latest Articles” and “Breaking News?” I’ve never seen the link to “Breaking News” - do you have it?

[luvie]

I hope you are right and I am wrong. I just see misstep after misstep, inept candidates and lunacy being supported by independents and democrats who wish to skew the results.

I see NO stand-out candidate. I see no one to rescue us.

[txrangerette]

Do you have a sidebar of headlines on your pages?

I do. I arranged it to suit my taste long ago, and you do have options to arrange it the way you want.

At the top of my sidebar headlines is the category “breaking news”, under which is the headlines for the latest stories that are in that category.

Other categories down the sidebar are like extended news, editorials, bloggers and personal etc.

You are correct, there’s no link to “breaking news”...it is a category listed on the sidebar to the right, on your page, or should be.

[TexMom7]

{NEWT}

http://www.thegatewaypundit.com/2011/11/that-was-bold-newt-gingrich-pushes-amnesty-plan-at-cnn-gop-debate-video/

“If you’re here — if you’ve come here recently, you have no ties to this country, you ought to go home. period. If you’ve been here 25 years and you got three kids and two grandkids, you’ve been paying taxes and obeying the law, you belong to a local church, I don’t think we’re going to separate you from your family, uproot you forcefully and kick you out.”

---

{PERRY}

http://www.reuters.com/article/2011/11/29/us-usa-campaign-perry-idUSTRE7AS2E620111129

“My policy will be to detain and deport every illegal alien who is apprehended in this country,” Perry said. “And we’ll do it with an expedited hearing process so that millions of illegal aliens are not released into the general population with some hearing date down the road.”

---

{SHERIFF ARPAIO}

http://firstread.msnbc.msn.com/_news/2011/12/27/9744416-controversial-sheriff-in-tow-perry-takes-aim-at-rivals

“I had a sneak attack last week by the Obama administration,” Arpaio said. “The Justice Department went after me, took away my authority. However we still have state laws, and I know the governor believes in state laws. So we need him in Washington. Please caucus and vote for Gov. Perry on Jan. 3rd.”

---

Arizona Sheriff Arpaio is in Iowa today campaigning for
Rick Perry.

[central_va]

I see NO stand-out candidate. I see no one to rescue us.

Santorum, Bachmann, Newt, even Perry are outstanding people. Don't let the MSM distract you.

[PapaNew]

OK, gotcha, I do have that. I assume the top article is the most recent. So it looks like something originally gets put up on “Latest Articles.” Do you know how later it somehow gets put in “Breaking News?”

[txrangerette]

Sometimes when it is posted the original poster will select more than one sidebar category to place it in. It could belong in either or both. I’m not aware of it somehow later appearing in breaking, with this exception...the administrative moderator can move it to breaking news at his or her discretion.

[CharlesWayneCT]

A procedure is just that -- a method to implement the requirements of the law. I often use "process" for this, rather than "procedure", but they are similar.

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.

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

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.

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.

[PapaNew]

Thanks. Do you know the difference between “Breaking” and “Front Page” news?

[txrangerette]

Front page news would be an important story, but not an urgent one that just that minute broke.

Like in a newspaper, front page news would be important enough to make the front page, either above with a blaring headline of below the fold with a smaller one.

Breaking is reserved for something “hot off the wires”, or a headline that suddenly appears on Drudge...something like that.

[fremont_steve]

All right - I was handed my head on this one because I didn’t go to the original sources. I did however state where I got the information. If that source is not good - then so be it. That is ONE OF THE REASONS I mentioned where I got the info, so that it’s veracity could be judged independently, and also because of fair-use restrictions, I wanted to give appropriate attribution.

For all of you that went off on my butt - Please take a chill pill!

[JulieRNR21]

I called FNC comment line to inform them about the recent VA GOP Rule changes:
1-888-369-4762 Press 3 then 1 to leave a comment.

I also called FOX for what it is worth. Let them know it is disturbing that they continue to leave out facts in their reporting about the VA ballot access problem for Newt and Perry. Perhaps after they do get ballot access the truth will come out. I left my message including the following facts.

1. The VA ballot access rules were changed to require that the persons collecting the petitions must be VA residents/voters, which means Newt and Perry could not have volunteers from outside VA help collect petitions.

2. The VA ballot access rules were changed to require that 400 petitions had to be collected from EACH of the 11 VA districts.

3. The VA ballot access rules were changed to require that the petitions must be signed by REGISTERED VA voters, NOT just RESIDENTS of VA.

4. There has been little mention of the number of petitions Newt’s campaign has turned in, but Rick Perry’s campaign turned in about 11,900 petitions NOT 6,000 as has been reported in order to say his campaign was “NOT ORGANIZED like Ron Paul and Mitt Romney”.

5. The reason Ron Paul and Mitt Romney are already on the VA ballot is because they ran in the 2008 election NOT because they were “MORE ORGANIZED” than Newt or Perry.

I am pleased that Perry and Newt will challenge the VA changes in their ballot access rules. Newt and Perry should be allowed on the VA ballot if they have turned in the 10,000 required petitions signed by VA residents.

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

Thanks for calling FNC.....

Unfortunately, FNC is no longer ‘fair & balanced’ or informed. WE MUST INFORM FNC and make sure they report the facts on the VA Ballot changes. I am glad Perry acted so quickly in filing his lawsuit! And I pray that he wins his case!

[luvie]

The only one in that group, and I LOVE Bachmann and Perry, that has a chance is Newt and he will be ripped to shreds by the goons on the opposing side. I do think he can withstand it, but (no offense because I’m not a youngster either) he’s just another older, white-haired, white guy like Dole and McLame. WHERE is the knight on the white horse that I want. LOL!

There aren’t any such things...and I’m becoming despondent over the choices we have right now.

[Future Useless Eater]

I do not agree that 24.2-101 applies, because that already states elections for offices of the Commonwealth "in a general, or primary, or special election"

I also do not agree that 24.2-513 applies, because that is in relation to the "holding of elections", not the gathering of signatures.


However, if you want to stomp your feet, and insist it does apply! , then I'd say OK, let's apply it as follows...

The procedure of collecting petitions for any STATE office or primary for State office... § 24.2-506 states how many signatures are needed to be collected "listing the residence address of each such voter", and collected by a person qualified to register for that election. And the office of President does not fall into any of the enumerated categories 1-8.

Therefore category 9 applies: "For any other candidate, 50 signatures."

Next, paragraph 24.2-545 should also be applied which requires an additional
9,950 signatures, with NO required resident address, and NO required in-state gatherer of those petitions.

Doesn't the interpretation of laws suck? And these are pretty clear ones compared to most.

I think any judge would rule in favor of the most voter inclusion, instead of the most voter exclusion.

And Edinva, I believe you sometimes love to debate minutia, but I do not. So if you wish to continue this, please continue with someone else.



( Gingrich-haters, please do not address or reply to me.)

[PapaNew]

Another issue indirectly related and definitely a problem is that VA has open primaries so this "Republican" primary allows Democrats to carry swing votes away from the Republicans' first choice(s). Beat your brains out getting on this ballot just to have the Leftists vote out the conservatives. Insanity.

Why does the seemingly mindless GOP have any of their primaries in "open" states?

[muawiyah]

Newt didn’t tell me I was “heartless”.