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Breaking: Federal judge rejects Perry’s challenge to Virginia ballot law (Just Romney vs Paul)
Hotair ^ | 01/13/2012 | Allahpundit

Posted on 01/13/2012 2:20:05 PM PST by SeekAndFind

Gingrich, Santorum, and Huntsman failed to qualify for the ballot too, you’ll recall, so Perry’s loss is also their loss. Which means, unless this gets turned around on appeal, the Virginia primary ballot will consist of Mitt Romney, Ron Paul, and … that’s it. Huge news considering that, er, Romney and Paul will almost certainly be the only two candidates left in the race on March 6 anyway.

I said last month that I thought Perry had a real shot at success on the merits. The court actually agreed. There was just one problem:

In his opinion, Gibney says Perry, and the other candidates who joined the challenge, waited too long to bring the suit.

“They knew the rules in Virginia many months ago; the limitations on circulators affected them as soon as they began to circulate petitions,” he writes. “They plaintiffs could have challenged the Virginia law at that time. Instead, they waited until after the time to gather petitions had ended and they had lost the political battle to be on the ballot; then, on the eve of the printing of absentee ballots, they decided to challenge Virginia’s laws. In essence, they played the game, lost, and then complained that the rules were unfair.”

More from the Examiner:

Gibney agreed that it was unfair to ask campaigns to only use in-state [petition] circulators but noted that none of the candidates made it an issue until after the state deadline to submit petitions. He added it was likely they would have won an injunction allowing their campaigns to use out-of-state petitioners if they hadn’t waited until after the deadline to sue…

Gibney was concerned that the elections process would be thrown into disarray if he allowed the candidates onto the ballot, and that it was “kind of intrusive into state affairs” to dictate proper thresholds for making the ballot.

Yay, states’ rights! I have to say, I’m amazed that a federal court would use laches to defeat a claim that affects a constitutional right and which the judge admits is meritorious given that the ruling will bar millions of citizens from voting for their preferred candidate in a presidential primary. (There’s no write-in option under Virginia law, remember.) Yeah, fine, Perry and the rest are disorganized morons who should have challenged the ballot law sooner. How does that justify stiffing the entire Republican electorate in Virginia by letting an unconstitutional ballot requirement stand?

Exit question: How will the vote split between Romney and Paul on March 6? Most people seem to think Mitt will crush him by 30 or 40 points but I’m highly skeptical of that. Once Romney becomes the de facto nominee, which could happen by the end of this month, GOP voters who dislike him will be looking to cast a protest vote and reporters bored with covering a race whose conclusion is foregone will start touting Paul just to make things interesting. Wouldn’t surprise me at all if the margin is closer to 10-15 points than 30.

Update: A Twitter buddy adds a good point about my exit question. By the time March 6 rolls around and Romney’s nomination is a fait accompli, plenty of tepid Mitt supporters will feel safe in staying home. Paul’s supporters won’t. Another reason to think the race will be closer than you think.


TOPICS: Culture/Society; News/Current Events; Politics/Elections; US: Virginia
KEYWORDS: braking; perry; thefixisin; virginia; virginiaprimary
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1 posted on 01/13/2012 2:20:08 PM PST by SeekAndFind
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To: SeekAndFind
If any of you still suffer from the illusion that you have ever had any say in the outcome of this election, this should make it clear that you don't.

I am going in to shout at the TV now, much more effective.

2 posted on 01/13/2012 2:27:12 PM PST by itsahoot (You are no longer a person, you are a Unit when you need health care.)
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To: SeekAndFind
I can't wait until some FReeper tells us who appointed District Court Judge John Gibney Jr. In New Hampshire, every crackpot candidate was on the ballot.

If major candidates like Gingrich & Perry are not allowed to compete, then thousands of voters are being disemfranchised.

3 posted on 01/13/2012 2:28:16 PM PST by hellbender
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To: SeekAndFind

I have a double mind, these guys should have know the rules to get their names on the ballots.
And oh S#it, Paul and Romney - we are freaking screwed as a country no matter what happens now.


4 posted on 01/13/2012 2:31:03 PM PST by svcw (For the new year: you better toughen up, if you are going to continue to be stupid.)
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To: hellbender

LOL, you cannot change the rules after you play the game, “bush v. Gore”.


5 posted on 01/13/2012 2:31:40 PM PST by org.whodat (What is the difference in Newt's, Perry's and Willard's positions on Amnesty.)
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To: SeekAndFind

Voters in the Commonwealth have been disenfranchised by their own GOP leaders. The VA GOP is no different than Eric Holder.


6 posted on 01/13/2012 2:42:52 PM PST by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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To: SeekAndFind

In this state, a vote for Paul would be a protest vote against Romney to keep Romney’s aggregated delegate count down.

The VA primary is on “Super Tuesday” March 6, 2012.

Alaska (caucus)
Georgia (primary)
Idaho (caucus)
Massachusetts (primary)
North Dakota (caucus)
Ohio (primary)
Oklahoma (primary)
Tennessee (primary)
Vermont (primary)
Virginia (primary)


7 posted on 01/13/2012 2:44:04 PM PST by Red Steel
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To: SeekAndFind

Wonder how long it will take to tally up all the write-ins. Think it will be a long night in Virginia?


8 posted on 01/13/2012 2:49:19 PM PST by VA40
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To: Oldeconomybuyer

I have a feeling this will be a very unpopular decision as it leaves most Virginians with no candidate they want to vote for.

They’re probably raising a big stink as we post. I know I would if I lived there.

You could say that if it were only one candidate who didn’t get the required signatures, it was poor campaigning but when all of them didn’t make it something’s wrong.

I understand Santorum didn’t even try to get signatures nor Huntsman, but Perry and Gingrich both had the required number of signatures and they’re just pulling out this crapola about the people who gathered the signaturs not being citizens or some junk.

This is outrageous.


9 posted on 01/13/2012 2:53:44 PM PST by altura (Perry 2012)
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To: SeekAndFind

This is great! It will be the best experiment in determining what Mitt’s real support is and whether or not RP can win against an Obama cut out like Mitt. Will be getting the popcorn ready for this one.


10 posted on 01/13/2012 2:58:56 PM PST by trapped_in_LA
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Slap those Dems!




11 posted on 01/13/2012 3:17:54 PM PST by TheOldLady (FReepmail me to get ON or OFF the ZOT LIGHTNING ping list)
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To: VA40

No write insurance allowed.


12 posted on 01/13/2012 3:21:18 PM PST by COBOL2Java (Virginia GOP: Romney's favorite butt boys)
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To: VA40

No write ins allowed.


13 posted on 01/13/2012 3:21:45 PM PST by COBOL2Java (Virginia GOP: Romney's favorite butt boys)
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To: Red Steel

No, a vote for Paul would be a vote for a nut.


14 posted on 01/13/2012 3:23:16 PM PST by svcw (For the new year: you better toughen up, if you are going to continue to be stupid.)
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To: COBOL2Java
> No write ins[urance] allowed.

Phone got autocomplete?

15 posted on 01/13/2012 3:45:41 PM PST by dayglored (Listen, strange women lying in ponds distributing swords is no basis for a system of government!)
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To: svcw
> No, a vote for Paul would be a vote for a nut.

Sometimes you feel like a nut; sometimes you don't. Ask Peter and Paul.

16 posted on 01/13/2012 3:46:51 PM PST by dayglored (Listen, strange women lying in ponds distributing swords is no basis for a system of government!)
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To: svcw
No, a vote for Paul would be a vote for a nut.

In this case, I think it would be pretty clearly against the GOP establishment, not for Paul. They do need to be reminded they need us.

17 posted on 01/13/2012 3:47:35 PM PST by Grut
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To: Grut

I could see that point of view however knowing paulbots the way I do, they will all think it is an affirmative for Paul, they will never see it as an anti Romney/GOP establishment vote. The more Paul wins the more irrational he and his rabid followers become and the more support Paul attracts from the left, can you imagine what will happen if they/he actually takes a major primary.


18 posted on 01/13/2012 3:51:46 PM PST by svcw (For the new year: you better toughen up, if you are going to continue to be stupid.)
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To: dayglored

You forgot about Mary.


19 posted on 01/13/2012 3:52:26 PM PST by svcw (For the new year: you better toughen up, if you are going to continue to be stupid.)
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To: SeekAndFind

Seating O’bummer was a walk in the park. Now setting up Romney for nomination should be just as easy.

I can understand Perry forgetting where he left his signatures but Gingrich? Paul is the odd man out...so to speak.

Reminds of the joke told by the past Victor Borge, Husband and wife at the airport and the Husband says, “I wish we had bought our piano with us.” The wife dumfounded says, “Why on heaven’s earth do we need the piano?” Husband, “Because that is where I left the plane tickets.”


20 posted on 01/13/2012 3:55:33 PM PST by Razzz42
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