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![handle is hein.congcourts/fjcurrq0001 and id is 1 raw text is:
CASE STUDIES IN EMERGENCY ELECTION LITIGATION
Unconstitutional Residency Requirement
for Circulating Ballot Petitions
Perry v. Judd (3:11 -cv-856) and Shuttleworth v.
Moran (3:12-cv-257) (John A. Gibney, Jr., E.D. Va.)
Two weeks before absentee ballots were to be ordered from printing
companies for the 2012 Republican presidential primary in Virgin-
ia, Texas Governor Rick Perry filed a federal complaint alleging that
his ballot petition was wrongfully rejected four days previously.
Among his claims, Perry alleged that Virginia unconstitutionally
required persons collecting petition signatures to be Virginia resi-
dents. The judge instructed the parties to provide other disqualified
candidates with notice of the suit so that they could seek to inter-
vene. On the day that ballot printing was to be ordered, the judge
ruled that the ballots should not be printed until after a hearing
four days later. The district judge and the court of appeals deter-
mined that Perry should have challenged ballot petition rules at the
beginning of the petition period rather than at the end. The district
judge also opined that it was unconstitutional to require signature
gatherers to be residents. A few months later, a would-be candidate
for a congressional primary election challenged the residency re-
quirement because it caused him to be just a few signatures short of
the requirement for the primary ballot. Perhaps in light of the dis-
trict judge's earlier opinion, the candidate was certified for the bal-
lot.
Subject: Getting on the ballot. Topics: Getting on the ballot;
laches; primary election.
Two weeks before local election boards were to order absentee ballots from
printing companies for the 2012 Republican presidential primary in Virginia,
Texas Governor Rick Perry filed a federal complaint in the Eastern District of
Virginia's Richmond courthouse alleging that his ballot petition was wrong-
fully rejected four days previously.' Among his claims, Perry alleged that
Virginia unconstitutionally required persons collecting petition signatures to
be Virginia residents.2 On the day after he filed his complaint, Perry filed a
motion for a temporary restraining order and a preliminary injunction.'
1. Complaint, Perry v. Judd, No. 3:11-cv-856 (E.D. Va. Dec. 27, 2011), D.E. 1 [hereinafter
Perry Complaint]; Perry v. Judd, 840 F. Supp. 2d 945, 949, 951, 953 (E.D. Va. 2012); see
Amended Complaint, Perry, No. 3:11-cv-856 (E.D. Va. Jan. 4, 2012), D.E. 30[hereinafter
Perry Amended Complaint]; see also Andrew Cain, Perry Files Suit to Get on Primary Ballot,
Richmond Times-Dispatch, Dec. 28, 2011)
2. Perry Amended Complaint, supra note 1, at 11-12; Perry Complaint, supra note 1, at
5-6; Perry, 840 F. Supp. 2d at 949.
3. Motion, Perry, No. 3:1 1-cv-856 (E.D. Va. Dec. 27, 2011), D.E. 7; see Andrew Cain, Per-
ry Files Emergency Motion to Get His Name on Ballot, Richmond Times-Dispatch, Dec. 29,
2011.
Federal Judicial Center 5/4/2018
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