Rule of Law

Gingrich, Perry, Huntsman, Santorum Virginia Ballot Access Lawsuit

Attention in the presidential race has moved to New Hampshire.  But next Friday, there will be a hearing in Virginia regarding the lawsuit brought by Rick Perry, and joined by Rick Santorum, Newt Gingrich and Jon Huntsman seeking to have Virginia’s signature requirement declared a violation of the First and Fourteenth Amendments.  The case attacks the requirement that only potential Virginia voters can circulate petitions.  By way of analogy, the case argues that states cannot prohibit who can speak or voice political speech within the borders of a state, so it can’t limit Free Association Rights or political speech to in-state citizens either.  Few outlets have reported on the actual substance of the claims.  If someone cares to learn more about the actual legal issues involved in the claim, here is the pleading filed by Newt Gingrich, Jon Huntsman and Rick Santorum explaining their case.  Here is the pleading filed by Rick Perry.  Full disclosure, I am involved in the litigation.