Perry's legal team appeals VA ballot ruling

With time running out for Virginia to finish printing ballots for its March 6 primary, lawyers for Rick Perry are asking a federal appeals court to either order state election officials to include his name or to stop preparing them until the court fight is over.

Perry and three other Republicans who failed to qualify for the ballot -- Newt Gingrich, Rick Santorum, and Jon Huntsman -- lost the first round of their legal battle on Friday, when a federal judge ruled that they came to court too late. They might well be right, said Judge John Gibney, that it's unconstitutional for Virginia to prevent out-of-state residents from gathering signatures to qualify for the ballot. 

But Judge Gibney said the candidates waited too long to challenge the law. He said they knew the rules for circulating petitions as far back as last summer, but waited until late December to go to court.

Over the weekend, Perry's lawyers took the case to the 4th Circuit Court of Appeals in Richmond. It's unreasonable, they argue, to expect that Perry and the others would challenge the state's election rules in advance. "Candidates for the presidency are focused on running for president, not on fighting legal battles to pre-emptively hold state election laws unconstitutional," they said.   

But Virginia authorities respond that Perry's campaign has been slow to pursue the issue from the beginning. They say that although he declared for president in August, his campaign did not hire a Virginia company to help gather signatures in the state until late October. 

The state says the company might actually have gathered enough signatures, but then had problems of its own. The agent in charge of the petition effort, the state says, was suddenly hospitalized. "It is entirely possible that the critical number of signatures were simply lost," the state's legal brief says.

Lawyers for Gingrich said he, too, would challenge last week's ruling but have yet to file their appeal documents. And because Huntsman has dropped out of the race, he will likely abandon his challenge. 

Discuss this post

I swear this guy grew up in a house with lead paint .And he chewed on the window sills . He" ain't right in the head "as they would say in Texas. He blames his failure on the system .

  • 11 votes
Reply#1 - Mon Jan 16, 2012 1:25 PM EST

So totally unreasonable to blame failures on a system. All systems are perfect and flawless. There's never any debate when it comes to systems failures... it's the hated contendent's fault everytime. Oh... and they always grow up in homes eating lead paint... especially when he's from a different political ideology.

    #1.1 - Mon Jan 16, 2012 2:35 PM EST

    Why all the effort? It's not like he has a snowballs chance in hell of winning the nomination. Although i can see the importance of him staying in the race. There must be fodder for the evening news cycle.

    • 6 votes
    #1.2 - Mon Jan 16, 2012 2:57 PM EST
    Reply

    Give it up Ricky, your chances of becoming POTUS or even VPOTUS are about the same as an ice cube in the Sahara desert on the hottest day of the year.

    • 7 votes
    Reply#2 - Mon Jan 16, 2012 1:27 PM EST

    It is the responsibility of each candidate to know how to get on the ballot of all 50 states. You don't have to like it, but you need to follow each state's rules. That being said, I do find it odd that only Romney and Paul are on the ballot in Virginia.

    • 13 votes
    Reply#3 - Mon Jan 16, 2012 1:28 PM EST

    You don't have to like it, but you need to follow each state's rules.

    I believe the Republican term for this is "States Rights".

    • 16 votes
    #3.1 - Mon Jan 16, 2012 1:40 PM EST

    If Perry gets on the ballot.....after the election in VA. , it would appear , he wasn't on it anyway....

      #3.2 - Mon Jan 16, 2012 1:44 PM EST

      Come on phancy - we all know you are much smarter than that. Romney has billions to spend. Paul has his drones in every state on the planet. (planet was intentional). Gingrich, Perry and Huntsman have been fighting an uphill battle all along. Gingrich has lost staff along the way and has had to regroup a couple of times. Perry is about the only one I think may have had his shifter stuck in first gear... or was it reverse?

      • 2 votes
      #3.3 - Mon Jan 16, 2012 2:39 PM EST

      BB,

      Check out the last part of my post. I said it seems odd that Romney and Paul were on the ballot. And it does. However, I stick to the first part, also, if you are running for office you need to know the election laws for that state to be sure you get on the ballot. I am not picking on the candidates (well, a little I guess) but someone on their campaign staffs should know the rules ahead of time. Crying about not getting on the ballot or finding it too hard, make those complaints earlier in the process. More credibility then. (And, FYI, for me this is NOT a political party thing, just a competency thing)

      • 3 votes
      #3.4 - Mon Jan 16, 2012 2:45 PM EST

      phancy - my post was chalk full of facetiousness. Except for the part about your smarts... we know you are.

      I read about the three muskateers not filing in Va a couple of weeks ago... how they couldn't have taken care of that matter when they should have, smacks of either laziness, or incompetence. I wonder how many delegates Va holds and if it will be a deciding factor when the convention convenes. If it ends up mattering, oh well... woe is me to the loser.

      • 1 vote
      #3.5 - Mon Jan 16, 2012 2:54 PM EST

      BB

      It does put more delegates in the pocket of Dr. Paul, i would presume. And thus, more pressure on the GOP at the convention. Should be an interesting time in Tampa this year, don't you think?

      • 1 vote
      #3.6 - Mon Jan 16, 2012 2:59 PM EST

      This is definitely a banner year for the republicans during their convention. Nothing will be conventional about it. There are so many factions pulling the republicans in different directions it will be interesting to see who the strongest among them is. My gut says 3 candidates will remain until the end. Romney, Paul and Gingrich will all be standing on the stage. All three stand for different things. It may come down to a conventional vote to decide who wins... or, it wouldn't surprise me in the least if a dark horse doesn't come out at the very end. Not this year... Too many strange things have already happened.

      • 1 vote
      #3.7 - Mon Jan 16, 2012 3:08 PM EST

      Brianb ... starting to look like a Canadian finish ... good for you guys.

      • 1 vote
      #3.8 - Mon Jan 16, 2012 3:42 PM EST

      The rules in Virginia have been in place for longer than these candidates have been running (except for maybe Romney). They all knew the rules. If any of them could manage to comply with the rules, they all could have. Whatever excuses they have are irrelevant and not the state of Virginia's problem. (Someone got sick, they didn't start soon enough, etc.) It's not as if finding 10,000 signatures out of 8 million voters should be so hard. There is a saying that applies here. "A lack of planning on your part does not constitute an emergency on my part." This requires the candidates to take some "personal responsibility". Interesting, they're having such a hard time doing that. Something to be taken into consideration when deciding who to vote for, maybe?

      • 1 vote
      #3.9 - Mon Jan 16, 2012 3:57 PM EST

      There is another way of thinking, maybe there wasn't 10,000 Virginia voters who wanted to sign up to support each of the three candidates???

        #3.10 - Mon Jan 16, 2012 9:24 PM EST
        Reply

        "But Judge Gibney said the candidates waited too long to challenge the law. He said they knew the rules for circulating petitions as far back as last summer, but waited until late December to go to court.'

        Why do I get the feeling that Perry's that guy on the interstate who's too busy talking on his cell phone to notice the exit signs when they first appear two miles in advance, and then swears and leans on his horn to swerve across three lanes of traffic to get off when he finally wakes up at the last second?

        Pay attention, Mr. Perry. The rules were there long before you were. Is this any indication of how you would plan ahead as president?

        • 12 votes
        Reply#4 - Mon Jan 16, 2012 1:31 PM EST

        Couldn't one of his supporters in VA have warned him about this sooner? Does he have any supporters in VA?

        • 5 votes
        #4.1 - Mon Jan 16, 2012 1:40 PM EST

        Well, he thought he had 10,000 of them. Oops!

        • 5 votes
        #4.2 - Mon Jan 16, 2012 1:42 PM EST

        Perry's the guy WALKING on the interstate talking on his cell phone playing in the TRAFFIC (unaware of the semi bearing down on him)

        • 3 votes
        #4.3 - Mon Jan 16, 2012 2:20 PM EST

        They should have worked on their community organizing skills, maybe they wouldn't have been in this position. How many signatures were they short? ;-)

        • 5 votes
        #4.4 - Mon Jan 16, 2012 3:29 PM EST
        Reply

        "Candidates for the presidency are focused on running for president, not on fighting legal battles to pre-emptively hold state election laws unconstitutional," they said.

        Exactly! That is exactly why campaigns hire lawyers...so situations like this don't jump up and bite you in the rear end.

        • 5 votes
        Reply#5 - Mon Jan 16, 2012 1:39 PM EST

        Off topic a moment please: The "dancing egg" advertisement that pops up every now and then. Does that remind anyone of the ads they would run at intermission at the movies (back in the day of double features)?

        • 1 vote
        #6 - Mon Jan 16, 2012 1:47 PM EST

        No dancing egg on my screen, phinephancy, what have you been smoking? :)

        • 2 votes
        #6.1 - Mon Jan 16, 2012 2:07 PM EST

        Amy,

        It only pops up now and then. Unless I am having a flashback from the 60's LOL!! :)

        • 3 votes
        #6.2 - Mon Jan 16, 2012 2:15 PM EST

        I'm teasing. I think my work computer must block it. I still remember what a pain that old guy on a motorcycle was. (And isn't that the same actor in the Visa commercials, playing the director who blows up a ship? And what is the point of that scenario, anyway, the girl has to use her credit card because the director isn't letting anyone go home? These new commercials make me feel old. I don't understand them. Too abstract. Whatever happened to "I can't believe I ate the whole thing!" "You ate it Ralph!"Now, that made sense.

        • 5 votes
        #6.3 - Mon Jan 16, 2012 2:27 PM EST

        Heck - I'm still stuck on plop plop fizz fizz

        • 2 votes
        #6.4 - Mon Jan 16, 2012 2:45 PM EST

        I always liked the "it's slinky, it's slinky, fun for girls and boys"

        • 4 votes
        #6.5 - Mon Jan 16, 2012 2:50 PM EST

        OK.... now you got me started!! ~~TRIVIA TIME~~ What is the earliest commercial you remember? How far back can we go? Can you remember the first McDonalds commercial? Can you remember the first cigarette commercial? I remember seeing commercials for Marlboro... Salem and Lucky Strike before they took them off the air. Streeeeeeeech those memories... LOL

        • 2 votes
        #6.6 - Mon Jan 16, 2012 3:00 PM EST

        Ah, the Marlboro man!! Didn't Tom Seleck once play him?

        And, do you remember "How Now Brown Cow" candy?

        • 3 votes
        #6.7 - Mon Jan 16, 2012 3:09 PM EST

        Or how about Beech Nut Fruit Stripe gum?

        • 3 votes
        #6.8 - Mon Jan 16, 2012 3:17 PM EST

        Oh yeah... how about the doublemint twins... I remember Lionel train commercials... and commercials for Kabala... I'm trying to remember commercials centered around Saturday Morning cartoon time... LOL. Growing up in Buffalo in the winter, watching Saturday morning cartoons was a way of life...

        I do believe you are correct about Tom Seleck. There was another actor that was the Marlboro man too.. just can't remember who...

        • 1 vote
        #6.9 - Mon Jan 16, 2012 3:25 PM EST

        "See the USA in a Chevrolet" With Dinah Shore singing the song.

        • 3 votes
        #6.10 - Mon Jan 16, 2012 3:30 PM EST

        "To be crisp, a beer must be icily light.....smooth (something?) flavor, precisely right....lively, golden, crystally clear.....the crisp refresher - Ballantine, Ballantine beer! Heyyyyyy, get your cold beer! Heyyyy, get your Ballentine!".....

        What can I say? We weren't allowed to watch Saturday morning cartoons. But we sure watched a lot of Sunday afternoon baseball!

        • 2 votes
        #6.11 - Mon Jan 16, 2012 3:36 PM EST

        The original Marlboro Man (from 1968 to 1989) was a cowboy named Darrel Winfield who lived in Riverton, Wyoming. One of the nicest men I ever met.

        • 1 vote
        #6.12 - Mon Jan 16, 2012 4:15 PM EST

        http://www.youtube.com/watch?v=GqZDXCy_RZE

        Drink responsibly vs. "when you're having more than one!"....

        Says something about my childhood that I remember EVERY beer jingle

        My beer is Rhinegold, the dry beer

        Think of Rhinegold whenever you buy beer!

        http://www.youtube.com/watch?v=UnSa-aEOy5g

        Bob Murphy was a big part of my childhood too...

        http://www.youtube.com/watch?v=Ho2QTjp6xVs

        • 2 votes
        #6.13 - Mon Jan 16, 2012 4:30 PM EST

        You guys are funny!

        I loved the Kent cigarette jingle, it's a wonder I didn't grow up to be a smoker.

        "Happiness is, happiness is, happiness is, different things to different people! That's what happiness is!"

        • 1 vote
        #6.14 - Mon Jan 16, 2012 4:45 PM EST

        And to think I choke on cigarette smoke... Not much happiness as far as I'm concerned. I do have to admit that I was a teenage smoker... I quit when I turned 19. Dad smoked Lucky Strikes and mom smoked Winston. I smoked Marlboro for a couple of years... quitting was the best thing I ever did now that I'm older and can breathe freely.

        • 1 vote
        #6.15 - Mon Jan 16, 2012 4:58 PM EST

        Remember Buster Brown shoes and the Nestley Chocolate commercials?

        • 1 vote
        #6.16 - Mon Jan 16, 2012 5:04 PM EST

        Good for you BrianB! Maine has one of the highest cigarette smoking rates in the country - such a shame.

        • 2 votes
        #6.17 - Mon Jan 16, 2012 5:05 PM EST
        Reply

        Perry is a poster child for what's wrong in politics, and an even better example of what's wrong in Texas, especially it's ever failing education system!

        Stop it Rick, just stop!

        • 3 votes
        Reply#7 - Mon Jan 16, 2012 1:53 PM EST

        Just think - the IDIOT couldn't even find 10,000 people willing to sign petitions for him to be on the ballot. NOW his legal idiots are trying to challenge a STATE LAW. Oh IDIOCY, thy name is PERRY...

        • 2 votes
        Reply#8 - Mon Jan 16, 2012 2:15 PM EST
        CAMPAIGN 2012

        Perry Joins Call for Romney to Release Tax Returns

        Texas governor warns of possible October surprise if Romney doesn’t disclose finances.

        MYRTLE BEACH, S.C. -- Texas Gov. Rick Perry joined Newt Gingrich and Rick Santorum on Monday in calling on front-runner Mitt Romney to release his income tax returns during the election, warning that the country can’t afford any potentially unpleasant revelations about Romney come fall.

        “My taxes, Anita and I put out our taxes every year since back in the '80s. And every candidate up there, they should put their taxes out, including Mitt,” Perry said at a town hall hosted by GOP operative Frank Luntz. “September and October is not the time for us to be finding out that whoops, there’s something out there that is a problem. We need to know it now.”

        http://www.nationaljournal.com/2012-presidential-campaign/perry-joins-call-for-romney-to-release-tax-returns-20120116

        • 3 votes
        Reply#9 - Mon Jan 16, 2012 2:30 PM EST

        Romney isn't going to release his tax returns, anymore than "the Donald" is going to run for President. IMO, Trump won't want to file the financial disclosures which will show what his real net worth really is and Romney won't want to disclose that he doesn't pay taxes like everyone else.

        When your income reaches a certain level, you no longer pay taxes like everyone else. Even Warren Buffett said he pays less, as a percentage of his income, as taxes than his secretary. Low capital gains rates are great, until you realize that people have figured out how to turn ordinary income into capital gains. Some in Congress want to eliminate capital gains taxes altogether.

        • 1 vote
        #9.1 - Mon Jan 16, 2012 2:55 PM EST

        It has to be embarrassing to the Romney campaign when it is his fellow GOP candidates calling him out on this issue, not the Dems.

        • 4 votes
        #9.2 - Mon Jan 16, 2012 3:01 PM EST

        Not really phancy... right now the war is on republican soil. Consider this... here's where the leader emerges. It happens every election cycle... last time it was between Obama and Hillary, McCain and Huckabee. This year, since there is no challenge with the democrats, the republicans are front and center and all of their actions are exposed to all the country. It's way more noticeable because last time you were more focused in on what the democrats were doing and not the republicans.

          #9.3 - Mon Jan 16, 2012 3:17 PM EST

          I don't know if then Senator Obama ever released his tax returns. I think the President has, but, frankly, I don't care enough to check.

            #9.4 - Mon Jan 16, 2012 3:23 PM EST

            BB

            Good point. Also, to be perfectly honest, this time of year, I concentrate more on getting myself ready for the tax man!

            Oh, and how about the Sugar Bear for Sugar Snacks cereal (not the bee they have today)?

              #9.5 - Mon Jan 16, 2012 3:23 PM EST

              Taxes? What are they? I turn my paperwork over to my favorite tax lady and she manages to get most of it back for me. Considering my line of work, I have more write offs than rich people do. The govenment only gets a small percentage of my income... being middle class does have some advantages. I never feel the government is taking advantage of me and the 1% would be jealous of my tax return. I think I only paid about $400 last year in actual income tax. This year will be about the same.

              I remember the first environmental commercial. It was the Indian guy with the tear running down his face. I must have been about 10 or so.

              • 1 vote
              #9.6 - Mon Jan 16, 2012 3:36 PM EST

              Brianb--I think you are right except that my sense of it 4 years ago was that McCain was the inevitable candidate for the Republicans, much like it seems Romney is this year. Not being critical--just seems to be the way your party does things.

              • 1 vote
              #9.7 - Mon Jan 16, 2012 3:44 PM EST

              LOL... Not my party Steeler Fan. I am an observer just like you. You are correct about McCain though. He was chosen long before the primaries... it was payback for 2000 when GWB slicked his way in by some sort of trickery. McCain was a lousy candidate. He botched up the entire thing as far as I'm concerned.

                #9.8 - Mon Jan 16, 2012 4:51 PM EST
                Reply

                Under the circumstances, I hope Perry and Gingrich fail in their feeble bids to change the election rules in Virginia to suit their incompetent purposes.

                • 4 votes
                Reply#10 - Mon Jan 16, 2012 2:35 PM EST

                A hearty welcome back Sailcat!

                I missed you! ☺

                Trust you holidays were all good?

                • 4 votes
                #10.1 - Mon Jan 16, 2012 2:39 PM EST

                Thanks, Feisty! I've been doing a lot of traveling lately: for example, this afternoon I am off to San Diego! It's a drag, really.

                I hope your holidays were the best ever and I doubly hope this new year brings you the very best!

                • 3 votes
                #10.2 - Mon Jan 16, 2012 2:45 PM EST

                I am off to San Diego! It's a drag, really

                Nothing about San Diego is a drag...

                Well, unless you consider the ambulance chaser who resides there! lol

                Safe travels to you!

                • 5 votes
                #10.3 - Mon Jan 16, 2012 2:48 PM EST

                Get a Room.

                  #10.4 - Mon Jan 16, 2012 2:52 PM EST

                  Thanks, Feisty! It's all business, unfortunately. Fly in, attend meetings and dinners until late this week and fly back. No room for sightseeing, alas.

                  I will be able to return soon to enjoy the bitter whinings of Tuscon John and others of his ilk. Until then, hold the fort!

                  • 6 votes
                  #10.5 - Mon Jan 16, 2012 3:05 PM EST
                  Reply

                  Well, you'd think that a politian who claims to champion states rights would respect the rights of each state, not just his own. That being said, Rick needs to decide if he is for states rights or against them because at this stage in the game he is not very credible, maybe thinks Virginia should succeed from the Union? haha, sorry, couldn't resist that one.

                  • 3 votes
                  Reply#11 - Mon Jan 16, 2012 2:54 PM EST

                  Here is the thing that I would like to know??? If these so-called presidential candidates lack the ability to get their names on the ballot, so people can vote for them, how can they even think that people will put any confidence in their ability to run this country with all of the complexities and challenges we are faced with? Something is wrong with this picture. Then to make bad matters worse, they waste tax payers money by going to court to argue over their own failures to qualify for a government job. Did the government fail to do something right in this transaction or was it the candidates that are lacking something? It look like these ponzi politicians are gaming the system and running up our deficit again. It time to cut some of the politicians from the race. It look like a gong show.

                  • 2 votes
                  Reply#12 - Mon Jan 16, 2012 3:09 PM EST

                  Back in 2008, people said then-Senator Obama had no executive experience. Well, he had enough experience then to create a campaign organization that was competent enough to get his name on the ballot in every state's primary. Seems to me these guys lack that competency.

                  • 3 votes
                  #12.1 - Mon Jan 16, 2012 3:48 PM EST
                  Reply

                  Perry is a grade "A", HOMOginized, brain-less twit! These "Kids", he called them, are men full of the same venom he spews. The really sad part is he's Governor of Texas, and now he's proven he is totally incompetent on the national level.

                    Reply#13 - Mon Jan 16, 2012 4:27 PM EST

                    Maybe God does not want "Scary Perry" on the VA Ballot?? God could be sending old "Scary" a direct message about talking a good game about religion, however not really knowing what it truely means. Not even God wants to see the "Scary" cultural/social/religious policies of Perry even near the White House.

                      Reply#14 - Mon Jan 16, 2012 4:31 PM EST

                      Perry's Campaign Team seems to be the same "Box of Rocks" Perry comes from.

                      • 1 vote
                      Reply#15 - Mon Jan 16, 2012 6:31 PM EST
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