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1 Robert Timothy Reagan, et al., Unconstitutional Residency Requirement for Circulating Ballot Petitions 1 (2018)

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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