Posted on 12/27/2011 3:48:28 PM PST by 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."
(Excerpt) Read more at businessinsider.com ...
Why is this great news? Rick Perry is an idiot and has no more business in this race than Mitt.
People I formerly respected that I now have no use for...Ann Coulter, Glenn Beck. Honorable mention...Mark Steyn, and this one pains me the most.
If this is true - he might have a case, but it smacks to much of Bush V Gore! Katherine Harris followed the law, and the state got sued. I don’t like it when Politicians work the courts when they don’t get their way due mostly to their own failings in not meeting the letter of the law.
That depends on whether the rules truly are unconstitutional. If they are, then would you still want them?
Perry is the only really sane and “normal” one in the bunch, debates notwithstanding! :)
Why Steyn??
Let the people decide, not party hacks...put the others on the ballot!!
Perry loves Israel and he has guided Texas to prosperity and a 1.6 billion dollar surplus DURING Obama's recession. He is also partly responsible for creating 45% of all jobs created in the USA during the Obama debacle. Hardly and idiot.
Good, I’d love to see newt and perry kick some gop ass.
Its not because the rules are “not fair”. It’s because they were changed at the last minute.
Like the losers fighting Obamacare? Slogans are for the weak-minded and don't belong on FRee Republic.
And why does this need to go to a court? He needs to follow the guidelines, just like the other candidates.
Perry’s only hope is to get an activist judge who will legislate from the bench rather than implement the Virginia law.
Perry is only conservative when it is convienent.
You’re welcome, mrsmith! It was interesting to read it. I’m no lawyer, but it sure looks like Perry has a solid case.
Another thing I like about it is by filing the lawsuit, Perry is making it clear he intends to stay in the fight beyond Iowa, New Hampshire, and South Carolina. His supporters, myself included, can take heart in his perserverence.
You are actually asserting that the CODE OF VIRGINIA establishes the primary rules for the Republican Party? That fails the laugh test.
I am quite certain that these are simply Republican Party rules with NO force of law, that can be enforced, changed, amended, or waived at will.
There’s nothing in the brief about that.
he’s challenging the law.
IANAL but the case he cites, http://www.law.cornell.edu/supct/html/97-930.ZS.html ,
does seem to be in his favor.
Thank you for articulating that. I agree completely.
Someone will need to prove to me that this is Virginia LAW, as contrasted with Virginia Republican Party Rules.
It would appear that if this is the case, that the Commonwealth of Virginia has enacted one set of rules for Republicans and another for Democrats. That alone sounds like an infringement of the equal protection clause.
The rules are also unConstitutional due to equal protection before the law. It is fundamentally flawed to verify one candidates signatures while giving another a pass. It’s completely possible that Romney does not have 10k verifiable signaures either. The people of Virginia need too demand access to their chosen candidate. Let the people decide, not party hacks!!!
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