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Charlie Riedel / AP
Republican presidential candidate, Texas Gov. Rick Perry speaks during a campaign stop at the Main Street Cafe in Council Bluffs, Iowa, on Tuesday.
After failing to secure a spot in Virginia's presidential primary, the presidential campaign of Gov. Rick Perry on Tuesday filed a federal court challenge to the state's stringent ballot access rules.
Perry was one of several candidates, including Newt Gingrich, who failed to gather 10,000 individual voters' signatures by Friday's deadline.
"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," said Perry communications director Ray Sullivan in a statement.
Perry's lawsuit challenges the constitutionality of a state law that says those who circulate petitions to get a candidate on the ballot must be eligible, or registered, to vote in the state. Perry claims that requirement violates his freedom of speech and association.
He also challenges another provision of Virginia law that requires that a portion of signatures for statewide candidates must come from each congressional district in the state. Those signers must attest that they intended to vote in the primary of the candidate's political party.
Perry's campaign notes that other states' laws similar to Virginia's ban on out-of-state petition circulators have been struck down by federal courts.
One of the nation's leading experts on election law predicted tough going for Perry's challenge.
"Such a suit now faces long odds, both legally and politically," said Prof. Rick Hasen of the University of California at Irvine Schoool of law.
The initial hurdle, Hasen explained, is the failure to bring suit before filing time. "This is an emergency of Perry's (and Gingrich's) own making. Surely they knew of the requirement earlier," he said.
Hasen said the federal courts have reached mixed decisions on residency requirements for petition circulators.
Sullivan told NBC News on Friday that the campaign planned to review "the facts and the law to determine whether an appeal or challenge is warranted."
In a statement released to press Tuesday, the Perry campaign argued that the Virginia rules are "onerous" and deny both candidates and voters their 1st and 14th amendment rights "to meaningfully participate in the political process."
The Virginia contest is scheduled for March 6.
NBC News justice correspondent Pete Williams reported from Washington. NBC News correspondent Carrie Dann reported from Osceola, Iowa.
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I thought all these guys were for states rights. Obviously, not when the state doesn't let them make up the rules as they go.
I've always been a huge fan of irony.
Only if it is not the state you from!
Perry is right for the presidential candidate is a federal level electon to which Perry is not running for a governor, but a president to which this is a position on national level, federal level, to which the state cannnot intervene the Constitution Right.
It is like a Registered Nurse to which it is under Federal Regulation but also on State level; however, it is still regulated by the Federal Rules and Regulation and then State Rules and Regulation.
The REAL news today is Ben Nelson announcing he's not running again......making him the 15th democrat not running for re-election in 2012. YESSSS!!!!!
He was never a real Democrat Bernie! He voted with the GoP most of the time. It's time to get a real progressive in there...
Perry, just get over it. You're not good enough to be President. Even if you won the primary (which wouldn't happen anyways), you wouldn't win the general election.
So,,, Rick Perry is lawering up to force federal government to overturn states rights?
What an embezzle! What an ultramaroon!
This stuff doesn't get any better!
Here we go again, if the law isn't working for you then lets only enforce part of it or make exceptions for those that feel they are exceptional. Makes me think of Obama stating if you are here illegally you won't be deported unless you do something illegal.
What part of illegal makes it illegal?
Just love those Republicans. They want to take the right to vote away from millions of people but poor Ricky goes running to a FEDERAL COURT claiming his rights have been denied. How ironic!
@Indyreader: Seems to me it is no different than being thugged in to voting for someone by Acron and Panthers. lol, maybe not as bad. The way I see it he is right it knocks people out of exercising their rights by not getting to vote in the primaries. If our state did that I would not like it. Let all votors vote not just a handful of people.
Yes, Virginia, these people really think they are competent to be the leader of the free world. They are going to scream, and kick their heels, and hold their breath until they turn blue, because they were too incompetent and disorganized to get themselves on the ballot in Virginia. Accountability is for little people, in the Republican value system.
This just in....Virginia counter sues Perry for being an idiot.
Texas just enacted voter ID rules to restrict voter fraud. Where was Perry when that bill was brought up.. This guy is dumber than dirt...I don't think I've ever seen one with less intelligence.
Texas should really be ashamed of if this is the best that state can do. How they voted for this idiot over Mary Kay Hutchinson just baffles me..
uhhhh...what part of "just read and follow the rules" do these folks not understand...and from these "anti-lawsuit" folks too... blatantly hypocritical to say the least. Sad.
Maybe if the state of Virginia will let the Republican voters from Texas cast their vote for them he might be able to get ten thousand voters to vote for him, hes just one of the cheatin lyin dogs from hell who are trying to be POTUS.
Might have been what happened to Newt. No one in the state signed their name for him to be on the ballot.
That is real bad.
Rick and Newt: Really arrogant
Rick and Newt: Really, Really stupid
I'd love to see someone toss a cream pie in each of their smirking faces
They should have read the rules back when they started running. It wasn't hard. I read the rules. I was considering running, but no one here was very supported. I thought I would make a great candidate. I am like all other Americans getting tired of the same ole same ole. Iwould have made it colorful.
OOOOPPPPS! Maybe they can read? Sorry Mr. Perry and Mr. Gingrich!
I don't know what makes Perry look more stupid, not getting on the ballot, or suing he didn't...
Does anyone even know if Perry is in the country legally?
I don't want to see his birth certificate, I want to see if he got out of high school...
@ fred g mertz - 2940537 - I disagree.....it IS funny
Newt is from Virginia and a historian to boot. And his excuse is?? My wife didn't tell me about it. Or he knows very little of the political rules of the state he lives in. RESULT: Unwanted presidential material.
And Rick Perry is a different critter. He gets his own way in Texas, come what may. He doesn't realize that most other states have never heard of him before. Virginia has as much right to its laws as Texas does. Although that may be very difficult for Goverrnor Perry to believe. No one in Texas is entitled to sue except Perry.
I couldn't be happier to see two people "bear the slings and arrows of outrageous fortune".
Poor babies. You'll get over it.
I promise to start believing in God if this foolish idiot becomes the GOP nominee. I am serious. I would finally believe in God if he'd allow the Democratic party to receive such a gift. WHAT A LOOOOOOOSER!
What on earth is wrong with Perry and Gingrich? Obama showed everyone how to get it done in 2008:
"From the Chicago Tribune October 12, 2011.
Obama 2008 Indiana ballot petition contains fraudulent signatures, Ex Indiana governor, That’s not my signature on Obama petition.
“Ex-Indiana governor: That’s not my signature on Obama petition”
“Former Gov. Joe Kernan says a signature on a petition to place Barack Obama’s name on Indiana’s 2008 primary ballot isn’t his, putting him among dozens of dubious signatures found in a newspaper’s investigation.
Kernan, a Democrat who campaigned for Hillary Clinton during the 2008 primary, told the South Bend Tribune that he didn’t sign the Obama document.
“No, not at all,” the former South Bend mayor said when asked whether the signature next to his name on the Obama petition looked like his own. “Nor does the printing look like mine.”
The Tribune reported Wednesday that it has talked with more than 40 people who say they didn’t sign ballot petitions submitted in St. Joseph County for Obama or Clinton, despite their names appearing on the documents.
The Tribune first reported Sunday that it and the Howey Politics Indiana newsletter had found pages from Clinton and Obama petitions with names and signatures that appear to have been copied by hand from a petition for 2008 Democratic gubernatorial hopeful Jim Schellinger. The petitions were filed with the Indiana Election Division after the St. Joseph County Voter Registration Office verified individuals’ information on the documents.
The petitions were submitted in late January and early February 2008, weeks before it became apparent that Obama and Clinton would be hotly contesting Indiana’s May primary in their tight race for the Democratic nomination. Clinton narrowly won the state, but Obama won many delegates in his successful drive for the nomination.
Indiana law requires candidates for president, senator and governor to submit ballot petitions signed by at least 500 registered voters in each of the state’s nine congressional districts to qualify for the statewide primary ballot. The Tribune reported the investigation had only found questionable signatures among the St. Joseph County petitions.
County Prosecutor Michael Dvorak, a Democrat, has started an investigation into the faked signatures.”
"
I think the GOP already looked into that. They found 317 possible voter fraud signatures out of 1.8 million votes cast.... Of those 278 they thought were fraud were cast in favor of the GOP candidate.
But voter fraud laws could cost millions of Democratic votes so the laws are werth it from the GOP perspective... Not one Democratic legislation has put forth legislation to restrict voters....tell you something...
Ok - so what were the results of the investigation that happened 4 years ago? You state that a few hundred names out of over a million were fake. How did that alter the result? If a person cannot even get 10,000 signatures from eligible voters in a state cannot expect to win anything in that state. There will always be names on petitions that are phony - it happens.
Voter fraud is another issue. And the fraud typically occurs when the people monitoring the voting loses or destroys ballots or messes with the computers. Take florida for instance. People voted legally but their ballots were not allowed to be counted. It rarely happens with the actual voter. People can and have signed up Mickey Mouse on petitions but we all know that Mickey will not show up to commit voter fraud. So it's a moot point.
I am sorry if some are having trouble with the facts of the story. This is not an investigation from 4 years ago. The story is from October 2011 and was recently uncovered. The 1.8 million votes cast is a non-starter. The issue here was the original primary voter petitions, exactly the thing that both Perry and Gingrich just failed on. The 1.8 million votes cast was the actual election, not the number of signatures needed to get on the primary ballot. The investigation thus far has concluded that Obama would not have had sufficient signatures to qualify for the ballot. Hence, the reason I began my statement with "Obama showed everyone how to get it done in 2008." If you cannot get valid signatures just have a supporter create fraudulent ones. THAT is the Obama way!
Of course Newt Gingrich getting together a write in campaign in Virginia is about as rich. Ops, they don't allow write in ballots in primaries in Virginia....
You can't make this stuff up....you just can't.
So,,, Rick Perry is lawering up to force federal government to overturn states rights?
What an embezzle! What an ultramaroon!
This stuff doesn't get any better!
This is a response to ScientistX...................................I just love your comment :-)!!
OK. So Rick Perry and Newt Gingrich cannot legally participate in the Virginia Primaries. Now they want to throw a childish temper tantrum and sue the state for laws that have served all other candidates in the past , since the laws were enacted, very well. Now these two want to place themselves above the law. I say they need to maintain a dignified decorum and abide by the laws of the Common Wealth of Virginia. These laws have served Virginians quite happily in the past and these two men, NON RESIDENTS of the state, feel it is their place to change the laws and tell the people of Virginia what they can and cannot do. I say leave them out of the primary and make them abide by the laws. One note is that in all fairness I think Newt may be a Virginian but not sure he is living there now.
New sitcom. "Tex and the Fat Man." Its going to be an ensemble comedy.
The cast is the stuff of dreams.
We've got a lifelong tax lawyer who's married to a gay, bible thumping guy who speaks for god. A wild eyed, aging physician who wants to legalize pot, heroin and hookers. A scam artist with the greatest comb-over of all time who claims to be a real estate developer who leaves a string of bankruptcy's in his wake.
Its a damned shame we lost the minister, pizza mogul who slept around. There goes the Emmy.
Don't forget how Bachmann and family have been sucking the teat of the government through farm and foster care subsidies while she wants everyone else to go hungry. Why do you think she helped all those teenaged girls? Hubby wouldn't touch them and she had free sitters and housemaids.......better than free, subsidised.....bet those girls never over-ate......