Ballot Access Requirements from the Virginia State Board of Elections: Petitions must be submitted by Dec. 22, 2011: "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."
Drama
Gingrich, Romney, Perry and Paul filed petitions by the deadline. (Larry Sabato tweet of Dec. 22: "As difficult as VA qualifying is, I can't take seriously any POTUS campaign failing to get on 12th largest state ballot: Hunts,Bach,Sant.") Late on Dec. 23, 2011 the Republican Party of Virginia determined that after verification only former Gov. Mitt Romney and Rep. Ron Paul had met the stringent requirements [PDF] for qualifying for the ballot. The Perry and Gingrich petitions were found to have insufficient signatures. The finding was particularly embarassing to the Gingrich campaign as the former Speaker resides in Northern Virginia, but was also a blow to Perry, a candidate seen to have significant Southern appeal.
On Dec. 27, 2011 the Perry campaign filed suit [PDF] in the U.S. District Court for the Eastern District of Virginia challenging the constitutionality of the statute covering ballot access, specifically focusing on the residency requirement for petition circulators and seeking an injunction. On Dec. 31 four other campaigns joined in the suit. On Jan. 13, 2012 U.S. District Judge John A. Gibney, Jr. ruled [PDF] against the Perry campaign, stating, "The plaintiffs have waited too long to file..." "In essence, they played the game, lost, and then complained that the rules were unfair," Gibney wrote. On Jan. 17, 2012 the Fourth U.S. Circuit Court of Appeals issued a final ruling on the matter, agreeing with the district court that "the requirements have been on the books for years." The court order [PDF] stated that Perry "had every opportunity to challenge the various Virginia ballot requirements at a time when the challenge would not have created the disruption that this last-minute lawsuit has."
Romney for President
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FOR IMMEDIATE RELEASE |
CONTACT: Romney Press Office |
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December 19, 2011 |
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Boston, MA – Tomorrow, Virginia Lieutenant Governor and Romney for President Virginia State Chair Bill Bolling will file Mitt Romney’s petition papers to appear on the Virginia ballot. Bolling will be accompanied by Romney for President Virginia Co-Chair Delegate Chris Peace. The following event is open to the press:
Tuesday, December 20, 2011
Event: Lieutenant Governor Bill Bolling Files Mitt Romney’s Petition Papers To Appear On The Virginia Ballot
When: 2:00 PM EST
Location: Virginia State Board of Elections
Washington Building, First Floor
1100 Bank Street
Richmond, Virginia
For Immediate Release
Contact:
Garren Shipley
| Media Advisory:
Presidential Petition Filings
--Verification, Counting Begins 8
a.m. Friday-- |
* Former House Speaker Newt Gingrich
RPV will provide updates on the process throughout the day via our social media channels, Twitter @VA_GOP and Facebook.com/VirginiaGOP.
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Dec. 23, 2011 - Volunteers at work on counting and verification (Republican Party of Virginia photo).
RPV Tweets
11:31 a.m. Gov. Mitt Romney has the requisite signatures and has qualified for the March 6 Virginia primary.
11:53 a.m. Rep. Ron Paul has the requisite signatures and has qualified for the March 6 Virginia primary.
3:03 p.m. After verification, RPV has determined that Rick Perry did not submit the required 10k signatures and has not qualified for the VA primary.
11:39 p.m. After verification, RPV has determined that Newt Gingrich did not submit required 10k signatures and has not qualified for the VA primary.
Newt 2012
Gingrich Campaign Statement Regarding Virginia Ballot Qualification
Richmond, VA – Newt 2012 released the following statement from Campaign Director Michael Krull regarding ballot qualification in Virginia.
“Only a failed system excludes four out of the six major candidates seeking access to the ballot. Voters deserve the right to vote for any top contender, especially leading candidates. We will work with the Republican Party of Virginia to pursue an aggressive write-in campaign to make sure that all the voters of Virginia are able to vote for the candidate of their choice.”
December 24, 2011
Roemer: Ballot Access Laws Need Reforming
“Granted, most of the candidates that didn’t qualify for ballot access in Virginia were able to buy their way in South Carolina, where the state GOP can arbitrarily charge $35,000 in filing fees in order to be on their ballot. In Florida, on the other hand, the party simply chooses who it does and does not want on its ballot, without a fee, petition alternative or any ability for a candidate to earn its way into the race.”
“What’s
wrong with this system? Voters should have the opportunity to choose
from a robust pool of candidates, determined by national standards
rather than by arbitrary, state-by-state popularity contests. We’re not
choosing a prom queen, we’re voting for the highest office in the land.
That’s a big responsibility, and should be treated as such. Reforming
ballot
access
laws
for
federal office is another item in the long list
of reforms that must be carried out immediately."
Governor Buddy Roemer is a four-term Congressman and former Governor of Louisiana. He is known for refusing PAC and special interest money, implementing campaign finance reform, turning around Louisiana’s failing economy and cutting the state’s unemployment rate in half in just four years. Roemer is a candidate for President of the United States. His website is www.BuddyRoemer.com.
Virginia voters deserve greater access to the candidate of their choosing
Texas
Gov. Rick Perry today filed suit in United States District Court for
the Eastern District of Virginia challenging the constitutional
validity of the Virginia statute which regulates access to the ballot
by presidential candidates and limits the rights of voters to vote for
the candidate of their choice. To review the filing, please visit
http://www.rickperry.org/
Virginia's ballot access requirements are among the most onerous in the nation and severely restrict who may obtain petition signatures.
"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," said Perry campaign communications director Ray Sullivan.
"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."
In 2008, 119,034 Virginians voted in the 2008 Republican Presidential Primary election. The requirement that several national candidates each obtain 10,000 individual qualified voter's signatures is unrealistic and onerous. Both voters and candidates have 1st and 14th Amendment rights to meaningfully participate in the political process.
Provisions very similar to Virginia's prohibition on out-of-state petition circulators have been struck down in the 6th, 7th, 9th and 10th United States Circuits, relying on Buckley v. American Constitutional Law Foundation, 525 US 182 (1999). Also, ballot access requirements for unrealistic numbers of signatures was held unconstitutional in Rockefeller v. Powers, 78 F.3d 44 (2nd Cir. 1999).
Newt 2012
January 1, 2012
Atlanta, GA - Yesterday, Newt Gingrich joined Michele Bachmann, Rick Santorum and Jon Huntsman, Jr. to advise the Virginia State Board of Elections and the Republican Party of Virginia that the four candidates will be filing a single motion to intervene in the lawsuit filed by Rick Perry.
By sending a single notice that the four candidates will be joining together to file a joint motion to join the lawsuit challenging Virginia's needlessly restrictive ballot access process, the candidates hope to express this is not about politics or any one candidate but the need to reform a defective process in Virginia.
A copy of the letter sent by the candidates to the Virginia State Board of Elections is below:
December 31, 2011
VIA EMAIL, TELECOPIER and CERTIFIED MAIL
Charles Judd, Kimberly Bowers, and Don Palmer, Members Virginia State Board of Elections
1100 Bank Street
Washington Building, First Floor
Richmond, VA 23219
Pat Mullins, Chairman Republican Party of Virginia
The Richard D. Obenshain Center 115 E. Grace Street
Richmond, VA 23219
Re: Notice of Pending Motion to Intervene in Rick Perry v. Charles Judd, Kimberly Bowers, Don Palmer, and Pat Mullins
Dear Members of the Virginia State Board of Elections and Chairman Mullins:
The undersigned are national counsel to The Honorable Michele Bachmann, The Honorable Newt Gingrich, The Honorable Jon Huntsman, Jr., and The Honorable Rick Santorum, Republican candidates for President of the United States, and their principal presidential campaign committees.
As you are well aware, on December 27, 2011, the Honorable Rick Perry, Governor of Texas and Republican presidential candidate, filed suit against the individual members of the Virginia State Board of Elections (“the Board”), in their official capacities, and the Chairman of the Republican Party of Virginia (“RPV”), in his official capacity, in the U.S. District Court for the Eastern District of Virginia. This action seeks a declaratory judgment asserting that certain provisions of Virginia Code section 24.2-545 B are unconstitutional, as well as injunctive relief enjoining the collective defendants from enforcing the requirement that nomination petition circulators be either eligible or registered voters in the Commonwealth of Virginia and compelling the collective defendants to certify him as a candidate for the Republican Party presidential primary ballot.
On December 29, 2011, United States District Court Judge John A. Gibney, Jr. held a hearing on Governor Perry’s motion, during which he invited counsel to Governor Perry to contact additional Republican presidential candidates regarding possible intervention in the suit, and set a hearing date for Friday, January 13, 2012.
Please be advised that the four Republican Candidates for President listed above will be filing a single, joint motion to intervene in the Virginia action.
In light of these developments, Congresswoman Bachmann, Speaker Gingrich, Governor Huntsman, and Senator Santorum respectfully request that the Board either take action to add them to the ballot mooting their challenges (and avoiding unnecessary costs and expenses to the state and the parties) or not undertake action until Judge Gibney has had an opportunity to hear from the parties on January 13, 2012.
Thank you for your time and consideration.
Sincerely,
J. Christian Adams
ELECTION LAW CENTER PLLC
Counsel, Michele Bachmann for President
Stefan C. Passantino
MCKENNA LONG & ALDRIDGE LLP
Counsel, Newt 2012
Craig Engle
ARENT FOX LLP
Counsel, Jon Hunstman for President
Cleta Mitchell
FOLEY & LARDNER LLP
Counsel, Rick Santorum for President
cc: Joseph M. Nixon
BEIRNE, MAYNARD & PARSONS
Counsel, Rick Perry for President
LAKE JACKSON, Texas – 2012 Republican Presidential candidate Ron Paul, the constitutionally-observant candidate of real change, will face down establishment candidate and notorious flip-flopper Mitt Romney in a head-to-head matchup in the Virginia primary.
The Fourth U.S. Circuit Court of Appeals denied four candidates’ appeals to appear on the ballot after their glaring failure to comply with the Commonwealth’s stringent, but widely-known, ballot access requirements.
Former candidate Jon Huntsman and Rick Santorum did not file signatures with the Virginia State Board of Elections at all. Rick Perry and Newt Gingrich did file signatures, but fell short of qualifying. Rick Perry then brought a suit against the state challenging the ballot-access requirements to which all candidates were held, and others failing to qualify joined the suit. When the suit was struck down, an injunction was filed in part to reconcile whether and when paper ballots would be printed, and today the final decision was handed down.
Virginia is the nation’s 12th-largest state and its primary election takes place on March 6th – Super Tuesday. The absence of any other candidates on the ballot aside from Paul and Romney, including serial hypocrite Gingrich and counterfeit conservative Santorum, is sending ripple effects throughout key early voting states including South Carolina where Palmetto State voters now are concerned about how their vote will affect the nominating process going forward.
For example, some voters might vote for a candidate with an organization too weak to comply with ballot access requirements. Voting for that candidate would result in a vote wasted, as were the votes of many for candidates who exited the race like Michele Bachmann and Jon Huntsman. Others ponder that only one veteran of the armed forces – Ron Paul – will be on the ballot in Virginia, a state so steeped in military tradition. Still others have observed that only one Evangelical Christian will appear on the ballot there. Indeed, there are many questions.
One thing is certain. And that is, the decision has upended what plaintiffs against the Commonwealth and voters nationwide had expected just hours ago when plaintiffs held onto thin hopes of a reversal, or a convenient exception to the rule of law.
“It’s over,” said Ron Paul 2012 National Campaign Chairman Jesse Benton. “Ron Paul, the candidate of real change, will face off against establishment flip-flopper Mitt Romney in the Virginia primary, making that that Tuesday less ‘super’ for serial hypocrite Newt Gingrich, counterfeit conservative Rick Santorum, and Rick Perry, who I should mention is marginally attached to the presidential race.”
“This legal development affirms that this Republican nominating contest has always been a two-man race between the candidates with the resources and organization required for a 50-state race. Voters nationwide should get behind the candidate of real change as he competes nationwide – and nationwide means a lot of states, including large ones like Virginia,” said Mr. Benton.
“Right now South Carolina voters have vital information helpful for deciding not only who the authentic conservative in the race is – Ron Paul – but whether that candidate leaves South Carolina with a ticket that actually gets him somewhere,” added Mr. Benton.
PRESS RELEASE from LeClairRyan via PRNewswire-USNewswire
RICHMOND, Va., Feb. 13, 2012 /PRNewswire-USNewswire/ -- Although all of the presidential candidates who unsuccessfully sued Virginia and the state's Republican Party to be placed on the Virginia primary ballot dropped their cases following a recent appeals court ruling denying their requests for an injunction, the lawsuit taught several lessons for campaigns, lawyers and political operatives, according to veteran campaign attorney Lee E. Goodman, a Washington, D.C.-based shareholder in national law firm LeClairRyan.
Goodman represented the Republican Party of Virginia, one of the defendants named in the case Rick Perry v. Charles Judd, et al, which ultimately went before the U.S. Court of Appeals for the Fourth Circuit in Richmond. Governor Rick Perry, Speaker Newt Gingrich, Senator Rick Santorum and Governor John Hunstman sued the state party because the party was assigned by law the legal responsibility for certifying those candidates who satisfied Virginia's legal requirements to appear on the primary ballot. Goodman's co-counsel was LeClairRyan partner Charles Sims.
"Governor Perry's lawsuit will have legal and political ramifications for a long time to come, even though the lawsuit was unsuccessful in getting his name printed on the ballot," Goodman says. He maintains that Governor Perry's failure to qualify for the ballot, and the ensuing court challenge, taught three important lessons.
"First, for states and election administrators, Governor Perry's legal team exposed a weakness in Virginia's election laws," Goodman notes. "Residency requirements and similar burdens to ballot access are constitutionally suspect. States should study each and every condition they impose upon ballot access to ensure it is absolutely necessary to advance the government's interests. Too often, burdens on ballot access become stale, and each state should reconsider its legal burdens, including Virginia.
"Second, for lawyers who would challenge state laws," he continues, "Governor Perry's lawsuit proved that you cannot wait until the eleventh hour to craft post-hoc legal theories to fix every mistake made by your political team. If you wait until the eleventh hour, the die will be cast and courts are loath to upset an election in progress.
"Third, the important lesson for campaigns is that you cannot run solely on the air, by appearing at televised debates," he concludes. "The failure of some candidates to qualify for Virginia's ballot is symptomatic of organizational weaknesses in their campaigns. You must have an organization on the ground that is competent and detail-oriented to win an election, and ballot access is only the first test of a political organization."