E-mail updates
Follow on Twitter
Subscribe to RSS
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.
Leave a Comment:
So Rick and Newt couldn't get on the ballot. If the other candidates didn't have a problem that tells me something about the management skills of these two. Maybe they should try some other line of work.
I guess the the two MORONS can not handle deadlines. And they want to be president. yeah OK NOT. James Perry and Newt team needs to get there butt into action if they want there girls to win at something. it is funny Newt home state and the moron didn't beat the deadline. What an idiot.
why is this not open to anyone running for office? You shouldn't have to gather signatures to see if you can be on the ballot. It should be open to anyone who wants to run. That is part of the problem with this country. Too many people want it thier way and aren't able to listen to thier opposition. If they were mayme they could work something out.
Hey Redneck, Maybe the law was intended to stop EVERYONE from putting themselves on the ballot. Maybe they only wanted serious candidates. Your idea of a ballot is one with 1 million possible candidates....
Figure it this way, it's a process that weeds out those that belong on the little bus..
Do if 20,000 people want to run they should be able to. Every thing k of the cost of running off the ballot. You must be a right wing republican loony tune! Stupid last forever Redneckjeff!
In other words, "I did not do the required work but I am entitled"
Wow lt, sounds like perry is a liberal, doesn't it?
Ron Paul for president 2012!!!
I wonder!
You've got to be kidding. Newt just said tonight that if Ron Paul were the republican nominee he wouldn't vote for him. I wouldn't either, but that is because he wants to legalize all illegal drugs and stop building prisons because they are too expensive. The man has Alzheimer's -admit it supporters out there! This man needs mental help!
Well clwyd, I won't vote for newt, so that makes us even I reckon. Of course Ron is right, the reason we have too many people in prison is because we have too many laws. Just common sense isn't it? We have the highest rate of people in prison of any country in the world, by far. More than one out of a hundred.
Then people like you criticize him because he is right, go figure.
Hey, if you do not believe Ron and I, then google it, read it for yourself. Ignorance is a choice but not necessarily permanent.
Ron Paul 2012!
Ron Paul can sound right, but his ideas are impractical....I mean really, we can take his words to heart without putting him in charge.....
Typical Republican trying to change state law to benefit themselves not it's people's will.
10,000 signatures is the law, but now Perry wants to change this to fit HIS needs ! Maybe some people had a problem backing a person who believes in voter discrimination laws suggested by his party.
Let him spend his ass off fighting this. If some of you Perry backer's don't think that some of the $$$ will come from your donations, I gotta bridge to sell you.
Something to add to the list of things big in Texas: Perry's arrogance !
So was this law voted in by the people on a ballot or was it legislated with a certain agenda. My bet is that it had a legislative agenda. Seriously, it may be the law but is it right? Take Newt and Perry out of the story and what would the comments be like? I have never heard of a law like this requiring "X" amount of signature with "X" amount of signatures required from each district. Don't sound right to me to me. Most states just require proper proof of citizenship and deadline. As far as state rights, well.....they pretty much went away with the civil war. States has very few rights that the Federal govermentdon't have some sort of say in..... Okay, start crying babies!
Isn't Rick Perry a states rights person? Man, I sure wish Texas would have gone with seccession. Give it back to Mexico if this is the best they have to offer..
I always heard Perry was a dumbed down GW....but GW looks like a rocket scientist compared to this guy,
to all you people who don't think newt and perry will get on the ballot. remember the supreme court decision that said a new haven connecticut couple had to sell their house and the land it was on to people who wanted to build a casino on their land. there's a line from a lethal weapon movie that a gang member says " laws are made by men, money can change them". don't be surprised if newt and perry end up on the ballot.
Am tired of TV, so I am here. First I wanna thank Rick, some times it's tough to be the volenteer, next Virginia and the guidelines of it's election process, and thirdly all of you, out there in cyberland, giving so freely of yourslevs, sharing your wit and humor. And that is what the Holiday season is all about, sharing, ah yes the true meaning of Christmas. Thanks so much. . . .
Isn't it interesting that when Prick Perry screws up by missing the number of signatures, he sues the state as it must be their fault. Just the type of candidates the republicans are running and there are 6 more loony tunes just like Prick!
Waaahhh, Mommy, Virginia says I can't be on the ballot because I was stupid and incompetent, failing to follow their rules. Waahhhh, Mommy, make the bad people go away.
Just what we need, another crybaby, clueless, bureaucrat who thinks the only way to make up for his pure incompetence is to sue in federal court. Way to go Perry boy, show the voters, I mean prove to the voters they are right in thinking you are not going to make it.
Here is a quarter, call someone who gives a crap because the voters could care less about cry baby Perry.
I'm not sure but it seems if you 'sue' the state because YOU broke the rules and in turn cost them untold millions, you won't get any votes anyway, so why bother?
So the same republicans who want students and seniors to get a new photo ID despite years of previous voting and yet they file a federal lawsuit because they forget to follow the voting laws themselves?
Never under estimate a pissed off Texan! I see the flames shooting from his eyes! Go Rick!
Never under estimate anyone named Newt....Go Newt!
broke,
Are you sure that the shooting flames aren't coming from an orifice lower than his eyes!
Lol, now he's making himself look worse. Don't know why he's trying.
What part of NO doesn't this pea-brain know.
Great way to run a campaign! And this clown is the best they got? I propose we delay the campaign until they find someone that has at least a small brain in his head. Oh! And no more lawyers! We have enough of those leaches in our government!
First its the republican govenors in the states trying to restrict voting rights for minorities now Slick Rick is mad because he did not have the knowledge to register in virginia or was looking for someone to come an save his behind again. He must be trying to compare virginia to texas when it comes to no knowledge politics.
Why couldn't Rick just stick with "Ooops".
I thought Perry was the big promoter of States Rights but here he sues the state because he was to mentally challenged to properly collect signatures on petitions in a timely manner. Beyond that Perry the Parrot wants to change the U.S. Constitutions to suit his idea of what this nations needs rather than abide by what works just fine for the rest of us. He wants to get rid of regulatory agencies because they make reckless corporations like Enron toe the line and prevents another banking fiasco and recession like the one we are in now. Let's do it Rick Perry's way. If you don't like it, ignore it and do things your own way. To hell with everyone else. This Alpha Dog Chucklehead needs to go back to Texas and let people who can read and write run for President. He is costing Texas taxpayers millions of dollars for his security detail and he doesn't stand a chance of winning. The majority of voters expect their president to have a modicum of intelligence which puts him at a distinct disadvantage. Being dumb coupled with terminal brain freeze makes him little more than a space holder. Something along the lines of a zero. Rick Perry appears more as a caricature of a politician, what you might expect in a Saturday Night Live skit. A bad joke at the very best. To totally disrespect the laws of Virginia because he screwed up should be his Swan Song and the the beginning of the end for Rick and his lacquered hair.
"We believe that the Virginia provisions unconstitutionally restrict the rights of candidates and voters by severely restricting access to the ballot" - This is exactly what the birthers are tried to do in AZ - requiring birth certificates and college transcripts to register to run for office. Oh, but when a repub can't run, they want to change all the rules, huh...???
Next he'll ask the Feds to intervene!!!
So I suppose all yu Lib Dems. are voting for O-Bama again. He has done such a good job. Just ask anyone out of a job, or out of money. The rich will give it to yu. But what happens when the RICH are taxed out of thier money, then where will it come from? Look at history and try to find a Democratic society that has survived..... Then get back to me. This is a Republic and it needs to be run that way.
@Redneck racist - if I were you I'd try to change the subject of this thread too because it's VERY embarrassing for you teabaggers. LOL.
http://forbes.house.gov
I wish this man would decide to run for president.
A republic where ALL MEN ARE CREATED EQUAL, but the RepukliCONS don't think so, the rich should have more according to them.
If you want to ask those out of a job and money, don't ask Obama, ask the party of NO that keeps stopping jobs bills that would help the economy, they just keep saying give it to the rich and it will trickle down, yet it has been proven that it only trickles up, then it pours up... Maybe yOu should should get an education...
Ourdoc, you are wrong. The Senate is stalling dozens of Republican House approved job creation bills, bills on energy.....stuck in the Senate, being stalled deliberately by the Democrats, the real party of no. The Dems have too many people brainwashed.
Rightwing - they're not jobs bills from the GOP that are being stalled.
If he is successful, they better be ready in Va to put a few thousands names on the primary ballot... What is good for one is the same for all.
Speaking of changing the subject - where's the Donald Trump debate? I thought the righties were going to debate on the Newscrapx channel with the con man Donald Trump? Oops they decided to cut and run and quit and be a cowardly bunch. Not news.
Only the Newt was going to show, so the Don backed peddled, he still remembers the spanking he got from the President.
Last year Perry was a champion of state's rights. He even threatened to take Texas out of the United States. And, now he says the citizens of Virginia don't have the right to decide what a loser like Perry must do to get on their ballot. What an idiot!