Friday, January 13, 2012

Injunction denied for Republican primary candidates but is ongoing

It is basically too late to get on Virginia’s Republican Primary ballot said U.S. District Court John Gibney, Jr. In addition he pointed out that the candidates Perry, Gingrich, Huntsman and Santorum knew Virginia laws and if they had thought them unconstitutional should have filed a suit sooner. “They played the game, lost and then complained that the rules were unfair.”

“No one can seriously argue that the rules are unduly burdensome.” said Judge Gibney. He sited six candidates who made the ballot under the same rules four years ago. The 10,000 signature requirement was not the dispute. The lawsuit was based on the requirement that the circulator of the petition be a resident of the state.

The court said on residency of the circulator that “the [Virginia State Board of Elections] has offered no evidence that allowing non-residence to circulate petitions increases the instance of fraud.” That was not a valid argument. The court was also “skeptical” that supoena power over out-of-state circulators was a valid argument as well – “the critical signature on the petition is not that of the circulator, but that of the voter.”

The court thought that for these reasons this requirement “for peition circulators will likely be declared unconstitutional.”

Read the entire ruling CLICK HERE.

Posted By Valerie Garner

Categories: Election 2012, Elections

Tags: , , , ,

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