[EL] grounds for Gingrich and/or Perry to sue for Virginia ballot access

[Richard Winger]

Either Rick Perry or Newt Gingrich or both are free to sue Virginia State Board of Elections over the Virginia state law that wouldn't let out-of-state circulators work on their presidential primary petitions.

In 2000, Ralph Nader won injunctive relief against Illinois and West Virginia, after complaining that his petitions might have succeeded without the ban on out-of-state circulators.  The Nader decision isn't reported but was Nader 2000 Primary Committee v Illinois State Board of Elections, northern district, 00-cv-4401.  The West Virginia case is reported and is Nader 2000 Primary Committee v Hechler, 112 F Supp 2d 575 (s.d. W.V. 2000).

The US Supreme Court decision from 1999, Buckley v American Constitutional Law Foundation, suggests that bans on out-of-state circulators are unconstitutional, although it didn't settle that issue completely.  It did strike down a Colorado law that said circulators must be registered voters.  525 US 182.  Since then, bans on out-of-state circulators have been thrown out in the 6th, 7th, 9th, and 10th circuits, and in lesser courts in certain states not in those particular circuits.

Richard Winger

415-922-9779

PO Box 470296, San Francisco Ca 94147
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