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

[Larry Levine]

Haven't the courts generally decided in favor of the voter, in this case the
signatory? It isn't the responsibility of the signer to determine the
legitimacy of the circulator; the intent of the singer remains the same.

Larry

 

From: law-election-bounces at department-lists.uci.edu
[mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Richard
Winger
Sent: Saturday, December 24, 2011 9:21 AM
To: law-election at uci.edu
Subject: [EL] grounds for Gingrich and/or Perry to sue for Virginia ballot
access

 


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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