Perry Won't Appear on Virginia GOP Primary Ballot, Judge Rules

Jan. 14 (Bloomberg) -- Texas Governor Rick Perry waited too long to challenge the eligibility requirements for Virginia’s primary ballot and he and three other Republican presidential candidates won’t appear on it, a judge ruled.

U.S. District Judge John A. Gibney Jr. in Richmond yesterday denied a challenge by the GOP candidates, who argued Virginia’s primary rules requiring those seeking to have their names placed on the ballot submit 10,000 signatures from valid Virginia voters are improper and unconstitutional.

“In essence, they played the game, lost and then complained that the rules were unfair,” Gibney said in court.

Virginia’s rule requiring petition circulators to be eligible voters is probably unconstitutional, Gibney said. Still, he told the candidates’ lawyers that they waited almost six months from the day signatures could be collected to file a lawsuit, a delay he called “unreasonable.” Adding the names to the March 6 ballot now would jeopardize the state’s primary process, the judge said.

“If they had brought suit in a timely manner, then the plaintiffs may have been able to gather the required signatures,” Gibney said. “As it stands now, we can only speculate.”

Gibney said he expects his ruling to be appealed to the U.S. Court of Appeals in Richmond.

‘Disenfranchises’ Voters

“We are disappointed with this result that disenfranchises Virginia voters,” Joseph Nixon, a lawyer for the Perry campaign, said in an e-mailed statement. “The judge confirmed that the statute is unconstitutional, but did not remedy the situation.”

He said Perry hasn’t decided whether to appeal.

Republican candidates Rick Santorum, Newt Gingrich and Jon Huntsman, who joined the suit, were also barred from the primary because of their failure to get enough signatures from qualified Virginia voters. They, with Perry, argued that Virginia’s rule requiring petition circulators to be eligible voters in the state violates “freedoms of speech and association protected by the First and Fourteenth Amendments” of the U.S. Constitution.

Va Board Of Appeals - News


Perry Won't Appear on Virginia GOP Primary Ballot, Judge Rules
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