U.S. District Judge John Gibney rebuffed the preliminary injunction request by four disgruntled Republicans to force Virginia to put their names on the ballot, Associated Press reported Friday. The four aren't "also-rans" but are the well known presidential contenders Rick Perry, Newt Gingrich, Rick Santorum and Jon Huntsman. All four failed to comply with the rules for getting their names listed, then sought to have the rules overturned.
Why the Fuss?
To get on the Virginia ballot, a candidate must submit a petition that includes 10,000 signatures of Virginia residents. Those must encompass 400 signatures from each of the state's 11 congressional districts, USA Today reported.
Perry went to court claiming the rules were too hard to comply with after he was informed he did not meet the ballot requirements. His lawsuit called the state ballot requirements "unrealistic," posing what he called a severe restriction on ballot access.
He also claimed his rejection as a candidate was unconstitutional, allegedly violating his right to free speech and association by requiring petition signatories to be state residents. Gingrich, Santorum and Huntsman joined Perry's lawsuit.
What the Court Said
The court said the rules might infringe constitutional rights but the candidates should have spoken up earlier, according to WTVR. Judge Gibney said in his order, "In essence, they played the game, lost and then complained that the rules were unfair."
The court noted preliminary injunctions are traditionally used to preserve the status quo, not upset it as Perry and the other candidates were trying to do. The court also noted the importance to Virginia of an orderly election process; the suit was filed as absentee ballots were going to print.
They can appeal, of course, but without injunctive relief, their names won't go on the ballot.
Gingrich Misses the Boat -- Twice
Gingrich announced he'd run as a write-in after failing to meet the ballot requirements, USA Today said, apparently unaware there are no write-ins in the primary.
After Friday's ruling, he told CNN, "Virginia voters were denied five candidates that ought to be on there." He did not identify any fifth candidate; only four challenged the law excluding them from the ballot.
About Virginia's Primary
The Virginia primary is March 6, a day nicknamed "Super Tuesday" for the many primaries held across the nation that day. Virginia holds an open primary, meaning any registered voter can cast a ballot. Virginia is unusual in that its voter registration provisions do not include identifying party affiliation.
Who's On the Ballot, What It Means for Everyone Else
Mitt Romney and Ron Paul are the only names listed on the Virginia Republican primary ballot, according to the State Board of Elections. With no write-ins allowed, that means the candidates who didn't make the ballot have to win enough delegates elsewhere to make up for those they might have won in Virginia.
2,286 delegates go to the Republican Convention, according to the Green Papers, and a candidate needs 1,144 to secure the nomination.
Virginia has 49 delegates, three per congressional district plus 10 at-large, three party and three bonus. The district delegates are allocated winner take all. Statewide, it's 'winner take all' only if a candidate receives a majority of the vote; otherwise the delegates are distributed proportionally. The upshot? 49 fewer potential delegates for Perry, Santorum and Gingrich, and guaranteed delegates for Romney, Paul, or both, depending on how the vote shapes up.
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