Having failed to meet Virginia’s onerous ballot requirements, the campaigns of Rep. Michele Bachmann, former Speaker Newt Gingrich, former Gov. Jon Huntsman, and former Sen. Rick Santorum are joining Gov. Rick Perry’s lawsuit against Virginia’s board of elections.
To qualify for a spot on Virginia’s Republican primary ballot, campaigns had to submit 10,000 signatures from qualified voters, with 400 coming from each of Virginia’s 11 congressional districts. The candidates believe that certain provisions of the Virginia code are unconstitutional.
Only former Gov. Mitt Romney and Rep. Ron Paul submitted enough signatures to qualify for the ballot. (Bachmann, Huntsman and Santorum failed to submit signatures by the deadline, and though Perry and Gingrich submitted signatures, they also failed to qualify.)
The letter requests that the Board of Elections adds these Republican candidates to the ballot — noting the “unnecessary costs and expenses to the state and the parties.”
Virginia Attorney General Ken Cuccinelli is planning to file emergency legislation to ensure more Republican candidates make it onto the state’s ballot.
Here’s the official letter from the campaigns to the Virginia Board of Elections …
Dear Members of the Virginia State Board of Elections and Chairman Mullins:
The undersigned are national counsel to The Honorable Michelle (sic) Bachmann, The Honorable Newt Gingrich, The Honorable Jon Huntsman, Jr., and The Honorable Rick Santorum, Republican candidates for President of the United States, and their principal presidential campaign committees.
As you are well aware, on December 27, 2011, the Honorable Rick Perry, Governor of Texas and Republican presidential candidate, filed suit against the individual members of the Virginia State Board of Elections (“the Board”), in their official capacities, and the Chairman of the Republican Party of Virginia (“RPV”), in his official capacity, in the U.S. District Court for the Eastern District of Virginia. This action seeks a declaratory judgment asserting that certain provisions of Virginia Code section 24.2-545 B are unconstitutional, as well as injunctive relief enjoining the collective defendants from enforcing the requirement that nomination petition circulators be either eligible or registered voters in the Commonwealth of Virginia and compelling the collective defendants to certify him as a candidate for the Republican Party presidential primary ballot.
On December 29, 2011, United States District Court Judge John A. Gibney, Jr. held a hearing on Governor Perry’s motion, during which he invited counsel to Governor Perry to contact additional Republican presidential candidates regarding possible intervention in the suit, and set a hearing date for Friday, January 13, 2012.
Please be advised that the four Republican Candidates for President listed above will be filing a single, joint motion to intervene in the Virginia action.In light of these developments, Congresswoman Bachmann, Speaker Gingrich, Governor Huntsman, and Senator Santorum respectfully request that the Board either take action to add them to the ballot mooting their challenges (and avoiding unnecessary costs and expenses to the state and the parties) or not undertake action until Judge Gibney has had an opportunity to hear from the parties on January 13, 2012.
Thank you for your time and consideration.