A Prayer for Relief….not just his.
Nothing to lose…but maybe a little late for a win
In the words of another Texas Gov’nuh, Rick Perry has gone full-on nucular on the Virginia State Board of Elections and the RPV, filing suit to get on the VA primary ballot. And, even though I think objections to “onerous” ballot requirements should have been made PRIOR to sending people out to get signatures (this is kind of like objecting to the rules of a football game AFTER you suit up players, plan strategy, and then lose) — well, I admit it. I like that he is trying. Those Texas boots might yet kick some Virginia butt.
This is how a real man reacts, as opposed to throwing a “three day temper tantrum”, which is how Norm Leahy described Gingrich’s response to not making the primary ballot.
Perry is asking for declaratory judgments, and injunctions and all kinds of legal stuff under the first and fourteenth amendments, claiming that his freedoms of speech and association have been violated!
Virginia Code 24.2-545 B’s requirement for petition circulators to be either eligible or qualified voters in the state violates freedoms of speech and association protected by the First and Fourteenth Amendments to the US Constitution.
This is what I don’t get. Did Perry’s campaign chair not know ANYBODY in the state? Like, friends of friends, or friends of friends of friends? Because I just don’t think that this is going to fly:
20. Virginia’s requirement for petition circulators to be either eligible or registered qualified voters in the state imposes a severe burden on Plaintiff’s freedom of speech and association because it substantially limits the number of eligible petition circulators.
Does this mean Perry only trusted Texans to get the job done? Not sure if Virginians will appreciate the snub.
The only way I can see this is a severe hardship is if Perry already was maxed out on the payroll to out of staters, and couldn’t afford Virginians to help gather signatures. Not having money left to hire out some locals…well, as they say in Texas. That oversight is a darn shame. Bob “for Jobs!” McDonnell should have had something to say about that!
Now, to show what I know about election law, which is sorely and abundantly clear = nothing, there is actually a legal precedent for Perry’s claims:
Bottom line, is that Rick Perry appears to want to actually have a chance to win, or at least give the appearance of wanting to have a chance to win. So much so, that he (through his attorney Hugh Fain) is asking for “preliminary and permanent and mandatory injunctions compelling Defendants” (the SBOE and Pat Mullins) to certify him as a candidate for the presidential primary ballot.
Gotta admit. This is totally not boring.
The question for the Court in that case was ever so slightly different: Colorado law allowed only currently registered voters to be petition circulators, not people who were eligible but who hadn’t registered yet. It was slightly more restrictive than Virginia’s system, in other words — and the Court found that it did in fact violate the First Amendment…
In other words, the Supremes specifically refused to say how demanding the state could be in setting qualifications for petition circulators. The only rule they laid down was that you can’t limit the group to registered voters; at the very least, both registered voters and people eligible to register must be permitted, which is what Virginia does.