Posted on 12/25/2011 4:41:06 PM PST by smoothsailing
December 25th, 2011
There are currently many news stories and blog discussions about the Virginia presidential primary ballot access law. Some large blogs, such as Red State, have over 300 comments about the story. Some defend the current Virginia ballot access laws on the grounds that in past presidential elections, a fairly large number of Republican presidential primary candidates managed to qualify.
But what has not been reported is that in the only other presidential primaries in which Virginia required 10,000 signatures (2000, 2004, and 2008) the signatures were not checked. Any candidate who submitted at least 10,000 raw signatures was put on the ballot. In 2000, five Republicans qualified: George Bush, John McCain, Alan Keyes, Gary Bauer, and Steve Forbes. In 2004 there was no Republican primary in Virginia. In 2008, seven Republicans qualified: John McCain, Mike Huckabee, Mitt Romney, Ron Paul, Rudy Giuliani, Fred Thompson, and Alan Keyes.
The only reason the Virginia Republican Party checked the signatures for validity for the current primary is that in October 2011, an independent candidate for the legislature, Michael Osborne, sued the Virginia Republican Party because it did not check petitions for its own members, when they submitted primary petitions. Osborne had no trouble getting the needed 125 valid signatures for his own independent candidacy, but he charged that his Republican opponent’s primary petition had never been checked, and that if it had been, that opponent would not have qualified. The lawsuit, Osborne v Boyles, cl 11-520-00, was filed in Bristol County Circuit Court. It was filed too late to be heard before the election, but is still pending. The effect of the lawsuit was to persuade the Republican Party to start checking petitions. If the Republican Party had not changed that policy, Newt Gingrich and Rick Perry would be on the 2012 ballot.
The Democratic Party of Virginia has been opposed to the strict law on primary ballot access, and has been in the habit of collecting signatures for all Democratic presidential candidates recognized by the party. In 2008, the state party collected 7,300 signatures for all its candidates, thus easing the burden on them and requiring them to collect only 4,000 to 5,000 on their own.
Perry back on the ballot!
Basically yes. If you submit more than 15,000 sigs you get accepted automatically.
This was changed in May however there is precedent in VA for the court overruling the State Board of Elections rules to allow candidates on the ballot. This is not over.
Interesting, perhaps the state will check the Ron and Mitt petition names and find less than 10,000 are valid...
Anyway, here is what the state tells the candidates. Perry and Newt should have taken it to heart:
“Petition Requirements
§ 24.2-545
Circulate on or after July 1, 2011;
Must be on the form prescribed by the State Board of
Elections (copy enclosed). It is suggested that the candidate
or group complete the top portion of the petition form and then
print or photocopy as many copies of the form as needed.
The form may not be altered in any way.
Must be signed by not less than 10,000 qualified voters in
Virginia, including at least 400 qualified voters from each of
Virginia=s eleven congressional districts, who attest that they
intend to participate in the primary of the same political party
as the candidate named on the petition.
Because many people who are not registered to vote will sign
a petition, it is recommended that 15,000 - 20,000 signatures
be obtained with at least 700 signatures from each
congressional district.
Must provide the true signature, the printed full name and the
full resident address of each qualified voter and the date each
signed the petition.
Although the last four digits of the social security number is
requested, it is not mandatory that it be provided.
Must, on each page, provide an affidavit signed under oath by
the person who circulated it that s/he personally witnessed the
affixing of the signature of each voter on the page and that
s/he is registered, or eligible to be registered, to vote in
Virginia.
Note that a circulator cannot witness his own signature.
Falsely signing this affidavit is a felony under Virginia law.”
Bunch of effin professional election law professors on the threads yesterday.
Seems like some pigs are more equal, eh?
McConnell is the authentic and correct way to spell it.
Jim,
read the article linked at post #21...
The section of Virginia code dealing with Presidential Primaries
does not include a requirement to collect addresses of signers
like the code section dealing with state and local elections does.
Are you sure? If so, why did Osborne file suit in October? Also, see post# 33 and 34.
Don’t you supposed that the lawyers for the affected campaigns have gone over square inch of the VA laws by now?
Link to Letter you posted that uses a created date of 12-21-11
Deadlines, Duties and Ballot Access Requirements - adopted 5-25-2011
PETITION OF QUALIFIED VOTERS FOR PRESIDENTIAL PRIMARY - 6-1-11
PETITION OF QUALIFIED VOTERS FOR PRESIDENTIAL PRIMARY - 6-1-11 don't know what the difference is between this one and the one above
I think Newt and Perry WILL be on the ballot in VA. And I know once it's official, the Rombots and Paulbots will whine about it.
Newt/Marco '12 & '16!!
That means the State GOP ain't out of the woods on this anyway.
I'm betting $10,000 of Romney's money that Osborne wins ~ and he has two ways ~ elimination of the nominating petition nonsense, or elimination of the different ways of checking nominating petitions.
Someone should keep their eye on that judge for a new car or a new piece of Tiffany jewelry somewhere. That'll tell you which way he's going.
The information available at this link:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+24.2-545
is different from what you have posted.
§ 24.2-545. Presidential primary.
A. The duly constituted authorities of the state political party shall have the right to determine the method by which the state party will select its delegates to the national convention to choose the party’s nominees for President and Vice President of the United States including a presidential primary or another method determined by the party. The state chairman shall notify the State Board of the party’s determination at least 90 days before the primary date. If the party has determined that it will hold a presidential primary, each registered voter of the Commonwealth shall be given an opportunity to participate in the presidential primary of the political party, as defined in § 24.2-101, subject to requirements determined by the political party for participation in its presidential primary. The requirements may include, but shall not be limited to, the signing of a pledge by the voter of his intention to support the party’s candidate when offering to vote in the primary. The requirements applicable to a party’s primary shall be determined at least 90 days prior to the primary date and certified to, and approved by, the State Board.
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 party’s 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.
The State Board shall transmit the material so filed to the state chairman of the party of the candidate immediately after the primary filing deadline. The sealed containers containing the petitions for a candidate may be opened only by the state chairman of the party of the candidate. The state chairman of the party shall, by the deadline set by the State Board, furnish to the State Board the names of all candidates who have satisfied the requirements of this section. Whenever only one candidate for a party’s nomination for President of the United States has met the requirements to have his name on the ballot, he will be declared the winner and no presidential primary for that party will be held.
C. The names of all candidates in the presidential primary of each political party shall appear on the ballot in an order determined by lot by the State Board.
D. The State Board shall certify the results of the presidential primary to the state chairman. If the party has determined that its delegates and alternates will be selected pursuant to the primary, the slate of delegates and alternates of the candidate receiving the most votes in the primary shall be deemed elected by the state party unless the party has determined another method for allocation of delegates and alternates. If the party has determined to use another method for selecting delegates and alternates, those delegates and alternates shall be bound to vote on the first ballot at the national convention for the candidate receiving the most votes in the primary unless that candidate releases those delegates and alternates from such vote.
E. The election, or binding of votes, of delegates to a political party’s national convention for the nomination of that party’s candidates for President and Vice President of the United States through the presidential primary process shall be considered to be equivalent to a primary for the nomination of a party’s candidate.
F. The cost of the presidential primary shall be paid by the Commonwealth pursuant to the provisions of the appropriation act.
The Mitbot State Chairman pulled it from his nether regions!
ha ha ha ha little bummed are ya?
Hope we find out tomorrow. I think Newt and Perry WILL be on the ballot in VA. And I know once it's official, the Rombots and Paulbots will whine about it. Newt/Marco '12 & '16!!Just a question... From a strategic perspective - at this stage of the game, would you want the focus to be on the Iowa contest or would you want this screw up to continue to suck all the oxygen out of the room?
“...Don’t you supposed that the lawyers for the affected campaigns have gone over square inch of the VA laws by now?...”
-
Oh, you bet I indeedy do think so.
But I have not heard from them, have you?
Thanks for the links. The only only reference that I could find that mentions 15,000 signatures is http://rpv.org/sites/default/files/Deadlines%20Duties%20and%20Ballot%20Access%20Requirements%20for%20the%20Presidential%20Primary%20Election%203_6_12%20Rev%205.pdf
“it is recommended that 15,000 - 20,000 signatures
be obtained with at least 700 signatures from each
congressional district.”
This is certainly good advice. Romney collected 16,000 sigs. The Gingrich/Perry campaigns were remiss in not doing likewise.
However, I couldn’t find any language mentioning the 15K-and-we-dont-check rule.
>> Just a question... From a strategic perspective - at this stage of the game, would you want the focus to be on the Iowa contest or would you want this screw up to continue to suck all the oxygen out of the room? >>
Focus on Iowa (candidate) and leave Virginia to your staff attorneys and some of your solid spokespersons.
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