[EL] Breaking News (Perry lawsuit against Va); more news

Tue Dec 27 16:28:54 PST 2011

The Tenth Circuit struck down a similar law in Oklahoma a couple of years ago.

I can’t open the Virginia suit at the moment, but I would note that the Oklahoma suit also challenged the ban on paid out-of-state signature gatherers on the basis of a violation of the Privileges and Immunities Clause of Article 4, section 2, in that it prevented out-of-staters from coming into Oklahoma to ply their trade.

Bill

From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Rick Hasen
Sent: Tuesday, December 27, 2011 4:24 PM
To: law-election at UCI.EDU
Subject: Re: [EL] Breaking News (Perry lawsuit against Va); more news

UPDATE:  A reader tells me that the 4th Circuit in Lux subsequently overturned <http://www.scribd.com/doc/76614811/Lux-v-Rodrigues-4th-Circuit-opinion-2011>  its earlier precedent, though where things now stand is not entirely clear:

	In both Meyer and  Buckley, the Supreme Court recognizedthat a signature requirement is generally adequate to ensure the popular support necessary to warrant ballot access. In doing so, the Court undermined the only state interest that Davis identified in support of a residency requirement.Against the backdrop of these intervening decisions, we canno longer say that an in-district witness requirement is necessarily justified by a state’s desire to gauge the depth of a candidate’s support.

	Our recognition that  Davis’s abbreviated residency-requirement analysis has been superseded should not be confused for a determination that the provision challenged hereoffends Lux’s constitutional rights. Neither  Meyer nor Buckley addressed the particular witness residency requirement atissue in this case. Moreover, we do not read either decision as foreclosing the possibility that something more than a threshold signature requirement may, in some circumstances, be constitutionally permissible as a means of ensuring popular support or achieving another state interest.

	In other words, we hold only that the district court erred by relying on Davis to find that Lux’s complaint did not raise a plausible claim forrelief and do not otherwise address the merits of Lux’s constitutional challenge.As this case comes before us on appeal of a Fed. R. Civ.P. 12(b)(6) dismissal, we reserve substantive consideration of Lux’s claim for the district court in the first instance. On remand, the court should conduct an independent analysis of the state interest served by the district residency requirementand, after determining the appropriate standard of review,conclude whether that portion of section 24.2-506 undulyrestricts Lux’s constitutional rights. See Celebrezze , 460 U.S.at 789. Both parties are free to advance additional arguments in light of our holding.

On 12/27/2011 3:42 PM, Rick Hasen wrote: 

Breaking News: Rick Perry Files Suit to Get on Va. Ballot <http://electionlawblog.org/?p=27091>  

Posted on December 27, 2011 3:40 pm <http://electionlawblog.org/?p=27091>  by Rick Hasen <http://electionlawblog.org/?author=3>  

You can access the complaint here <http://www.rickperry.org/content/uploads/2011/12/Perry-VA-Ballot-Access.pdf> .  The complaint focuses on Virginia’s ban on out-of-state circulators of petitions.  As I told <http://www.washingtonpost.com/politics/gingrich-faces-long-odds-to-compete-in-virginia-presidential-primary/2011/12/25/gIQAErmnHP_story.html>  the Washington Post in connection with a possible suit by Newt Gingrich on the same grounds, such a suit now faces long odds both legally and politically.  The initial hurdle is one of laches, the failure to bring suit before filing time.  This is an emergency of Perry’s (and Gingrich’s) own making.  Surely they knew of the requirement earlier.

I fully expect the defendants to raise the laches defense.  On the merits (should a court reach it), the courts are mixed on the residency requirement for petition circulators, though there is law that could help Perry.   Perhaps most relevant is this in-chambers opinion <http://sblog.s3.amazonaws.com/wp-content/uploads/2010/09/Roberts-order-Lux-9-30-101.pdf>  of Chief Justice Roberts in Lux v. Rodrigues.  The Chief found that a related aspect of Virginia’s law could well be unconstitutional under recent Supreme Court precedent, and that Fourth Circuit authority to the contrary may no longer be good law, but he still denied the complaining candidate extraordinary injunctive relief.

  <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D27091&title=Breaking%20News%3A%20Rick%20Perry%20Files%20Suit%20to%20Get%20on%20Va.%20Ballot&description=> 

Posted in ballot access <http://electionlawblog.org/?cat=46> , primaries <http://electionlawblog.org/?cat=32>  | Comments Off 

“The Canvass: Special Edition: Expert Predictions for 2012″ <http://electionlawblog.org/?p=27088>  

Posted on December 27, 2011 1:05 pm <http://electionlawblog.org/?p=27088>  by Rick Hasen <http://electionlawblog.org/?author=3>  

Here <http://www.ncsl.org/LegislaturesElections/ElectionsCampaigns41/CNVTheCanvassJanuary2011/tabid/23988/Default.aspx> .

 <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D27088&title=%E2%80%9CThe%20Canvass%3A%20Special%20Edition%3A%20Expert%20Predictions%20for%202012%E2%80%B3&description=> 

Posted in election administration <http://electionlawblog.org/?cat=18>  | Comments Off 

“Provoking a Virginia election law legal battle: How Gingrich and Perry could still get on the Virginia primary ballot” <http://electionlawblog.org/?p=27085>  

Posted on December 27, 2011 12:42 pm <http://electionlawblog.org/?p=27085>  by Rick Hasen <http://electionlawblog.org/?author=3>  

The Northern Virginia Lawyer blogs <http://northernvirginialawyer.blogspot.com/2011/12/provoking-virginia-election-law-legal.html> .

 <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D27085&title=%E2%80%9CProvoking%20a%20Virginia%20election%20law%20legal%20battle%3A%20How%20Gingrich%20and%20Perry%20could%20still%20get%20on%20the%20Virginia%20primary%20ballot%E2%80%9D&description=> 

Posted in ballot access <http://electionlawblog.org/?cat=46> , primaries <http://electionlawblog.org/?cat=32>  | Comments Off 

Toobin on South Carolina and Preclearance <http://electionlawblog.org/?p=27082>  

Posted on December 27, 2011 12:34 pm <http://electionlawblog.org/?p=27082>  by Rick Hasen <http://electionlawblog.org/?author=3>  

Here <http://www.newyorker.com/online/blogs/comment/2011/12/eric-holders-legacy.html?mbid=social_retweet> , at the New Yorker‘s Daily Comment blog.

I will have more to say on South Carolina and the VRA soon.

 <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D27082&title=Toobin%20on%20South%20Carolina%20and%20Preclearance&description=> 

Posted in voter id <http://electionlawblog.org/?cat=9> , Voting Rights Act <http://electionlawblog.org/?cat=15>  | Comments Off 

“Absentee Ballots Key to Florida Primary” <http://electionlawblog.org/?p=27078>  

Posted on December 27, 2011 11:03 am <http://electionlawblog.org/?p=27078>  by Rick Hasen <http://electionlawblog.org/?author=3>  

Miami Herald <http://www.miamiherald.com/2011/12/26/2562421/absentee-ballots-key-to-florida.html> : “More Florida Republicans - about 370,000 - already have requested absentee ballots for the Jan. 31 primary than the number of Republicans who voted in the 2008 Iowa and New Hampshire contests combined.”

 <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D27078&title=%E2%80%9CAbsentee%20Ballots%20Key%20to%20Florida%20Primary%E2%80%9D&description=> 

Posted in absentee ballots <http://electionlawblog.org/?cat=53>  | Comments Off 

“D.C. panel issues decision defining preclearance standards” <http://electionlawblog.org/?p=27076>  

Posted on December 27, 2011 11:01 am <http://electionlawblog.org/?p=27076>  by Rick Hasen <http://electionlawblog.org/?author=3>  

This item <http://blog.chron.com/kuffsworld/2011/12/d-c-panel-issues-decision-defining-preclearance-standards/>  appears at the Kuff’s World blog of the Houston Chronicle.

 <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D27076&title=%E2%80%9CD.C.%20panel%20issues%20decision%20defining%20preclearance%20standards%E2%80%9D&description=> 

Posted in redistricting <http://electionlawblog.org/?cat=6> , Voting Rights Act <http://electionlawblog.org/?cat=15>  | Comments Off 

“How the Virginia Republican Party Could Expand Voter Choice in its 2012 Presidential Primary” <http://electionlawblog.org/?p=27073>  

Posted on December 27, 2011 10:59 am <http://electionlawblog.org/?p=27073>  by Rick Hasen <http://electionlawblog.org/?author=3>  

Richard Winger explains <http://www.ballot-access.org/2011/12/27/how-the-virginia-republican-party-could-expand-voter-choice-in-its-2012-presidential-primary/> .

 <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D27073&title=%E2%80%9CHow%20the%20Virginia%20Republican%20Party%20Could%20Expand%20Voter%20Choice%20in%20its%202012%20Presidential%20Primary%E2%80%9D&description=> 

Posted in primaries <http://electionlawblog.org/?cat=32>  | Comments Off 

-- 
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org

-- 
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://law.uci.edu/faculty/page1_r_hasen.html
http://electionlawblog.org

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