The Other McCain

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The Virginia GOP Primary Beclownment Continues Despite Loss Of Red Noses

Posted on | January 15, 2012 | 20 Comments

by Smitty

Leaving a trail of round red noses and prop cigars, the Perry and Gingrich campaigns are appealing the slap-down already delivered for their failure to meet the Virginia primary voting deadline.


Sam Coppola, left, is Gingrich and Joseph Ragno plays Perry in the offal Broadway production *Waiting for Ballot*

Politico reports:

Texas Gov. Rick Perry’s lawyers filed a motion with a federal appeals court Sunday, seeking to win him a place on the Republican presidential primary ballot in Virginia even though his campaign failed to gather the 10,000 signatures required by state law.
The move came after another contender for the Republican presidential nomination, Newt Gingrich, filed a notice of appeal Saturday of U.S. District Court Judge John Gibney’s ruling Friday that Perry, Gingrich and other candidates who failed to make the cut waited too long to pursue their legal challenges, which were brought as ballot printing was getting underway and the mailing of absentee ballots was about to commence. However, Gibney said Perry and the other candidates would like have prevailed on their claim that a Virginia requirement that ballot petition circulators be Virginia residents violates the Constitution.

See, conservatives are about working the rules before the deadline. It usually falls to the Progressives to gripe about the rules after the fact, and then try to have them changed, varying the theme of “It’s not fair” in some fashion.

If Perry can’t see the irony inherent in a 10th Amendment paladin whining about residency rules for petition circulators, he should change his name to Froma Harrop.

None of this isn’t to say that, as a Virginian, I’m happy about the situation. The point I’m making is that this kind of lawfare response is wholly unbecoming. Theses guys need to admit they fell short of presidential behavior before the VA deadline, are worsening the situation now, and concentrate resources elsewhere.

Photo courtesy of Variety


20 Responses to “The Virginia GOP Primary Beclownment Continues Despite Loss Of Red Noses”

  1. Adjoran
    January 15th, 2012 @ 4:20 pm

    Froma Harrop?  Dude, that’s harsh.

    Funny, but harsh.

    Although now that I think of it, Perry in drag might be better looking, and I’m sure he’s got hound dogs smarter than Froma, too.

  2. Anonymous
    January 15th, 2012 @ 4:39 pm

    I would lay odds he won’t even be in the race by the time our primary rolls around.  Barring a big change between now and next Saturday, he is looking at another last place finish.

  3. Jayden
    January 15th, 2012 @ 5:13 pm

    Perry has to be the most pathetic GOP candidate for President I’ve seen in my lifetime.  What’s even more pathetic is the Perrybots like RedState that still think they’re kingmakers in the conservative movement.

  4. Quartermaster
    January 15th, 2012 @ 6:04 pm

    Allahpundit says he’s amazed the Fed Judge used Laches to throw out the suit. I’m a Surveyor, not an Attorney, but what I’ve seen in cases similar to this is Laches is quite appropriate in this case. They should have filed as soon as they saw a problem. Waiting until after the hammer falls, then whining about it is silly. The Judge was correct, in my judgment, and I’m surprised Allahpundit, who is an attorney, is amazed.

    Frankly, the 10th amendment argument is a weak one. The doctrine that Perry is using against the requirement is also weak. The constitution sets no requirements on the states as to how someone qualifies for the ballot in their state, but it does say that the states are to set the time and manner of elections. Only the presidential elections have a time dictated, the 2nd Tuesday in November. The states have the authority to set qualifications for the ballot in their state, and who shall circulate petitions. Virginia is in the right here.

    However, if you don’t like the outcome you can go to the Legislature and get the requirement changed. Nothing wrong with that and the citizens of VA have every right to do it.

    Laches is the doctrine of limited time to challenge something. It is essentially a statute of limitations in civil matter.

  5. Rose
    January 15th, 2012 @ 6:33 pm

    Sad thing is – the end result is, you guys don’t get much of a choice. Voting in March, you should have more to choose from than we will in June in California. Thanks to what sure looks like stupid and draconian rules, you don’t. I filing suit can fix that – I’d call that a good thing.

    Seems to me, this whole election is one big giant mess. People dropping out after two tiny little states get a say, and none of the rest of us have a chance to weigh in – except for polls, which  – meh. I’m getting sick of the whole thing. It seems the republicans are determined to snatch defeat from the jaws of victory.

  6. Bob Belvedere
    January 15th, 2012 @ 7:44 pm

    Love the Godot reference!

  7. RD_BLL
    January 15th, 2012 @ 7:58 pm

    I would stick to surveying…..Laches can certainly be applied,but the restriction clearly infringes on the 1st

  8. Adjoran
    January 15th, 2012 @ 8:08 pm

    Not so clear, but in any event NONE of the disallowed signatures were tossed because of the residency of the collector of them.  So it is difficult to argue harm from the requirement except for the possibility that outsiders might have been brought in to help without it.

    But again, that could have been litigated in a timely fashion.

  9. Adjoran
    January 15th, 2012 @ 8:11 pm

    Virginia has had essentially the same rules for decades – if anything, they are more relaxed now since SSNs are optional since 2010.  Six qualified for our primary in 2008, plus Kucinich on the other side’s.  Alan Keyes made it in 2000. 

    “Stupid and draconian” sounds like sour grapes from sore losers.  “Stupid and incompetent” describes those who couldn’t qualify in 24 weeks to a tee, though.

  10. Adjoran
    January 15th, 2012 @ 8:13 pm

    Ah, Vladimir and Estragon . . . always liked their conversation on hanging themselves to pass the time, arguing who should go first.  I think it was Disney’s inspiration for the running gag with Chip ‘n’ Dale:  “Oh, no – I insist, after YOU!”

  11. Jack Okie
    January 15th, 2012 @ 8:22 pm

    I can see a state setting the rules for ballot access, etc for the general election.  How can a state set the rules for a party election:  Because the Republican’s aren’t paying for it?  I’m ready to go back to the caucus system.  At least you have more than a beauty contest.

  12. Rose
    January 15th, 2012 @ 8:25 pm

    Fair enough – and there’s plenty of humor in a state’s rights guy arguing against a state’s decision.

    I don’t get the SSN requirement – that’s not supposed to be required for ID.

    Regardless, the rules, and the failure to meet them, results in you guys having less choices. And ultimately, that affects all of us downstream.

  13. Anonymous
    January 15th, 2012 @ 8:35 pm

    That hasn’t been true for any “Southern” state since 1965. The Federal courts have been screwing with our elections for decades; what’s one more?

  14. Froma Harrop And Procul Harum: Both Progressive Rock, But Only One A Band : The Other McCain
    January 15th, 2012 @ 10:10 pm

    […] power.Update: linked at Legal Insurrection.Update II: Welcome, Instapundit readers! Here, enjoy a Beckett reference.Category: ProgressivismComments richard mcenroeThey are not soulless zombies. They are not being […]

  15. Charles
    January 15th, 2012 @ 10:56 pm

    So you win your case on the basis that it is unconstitutional to be forced to recruit or hire Virginians to collect signatures, then you ask the very same Virginians to give you their vote.

  16. CO
    January 15th, 2012 @ 11:24 pm

    Abolishing a department doesn’t help anything. Changing the laws does.
    Eliminating laws do. … We have to go through all of these laws and look
    at the enormous flexibility that these laws give regulators to basically
    make new laws.
     _ _ Rick Santorum


  17. Adjoran
    January 16th, 2012 @ 12:27 am

    These rules were already “pre-cleared” decades ago, though.

  18. Adjoran
    January 16th, 2012 @ 12:29 am

    They didn’t ask for the whole thing,  just the last four digits for verification – Virginia has always required SSN for driver’s license and voter registration.  Even so, lots of people wouldn’t sign and give that, so it was harder to get signatures.

    They still suggest it and there is a place on the form, but it was made optional.

  19. Adjoran
    January 16th, 2012 @ 12:31 am

    Yes, but the Party only wants registered voters participating.  Why would we allow people who can’t vote help choose our nominee?

  20. Bob Belvedere
    January 16th, 2012 @ 12:47 am

    I believe it was.