Ballot Access for Presidential Primary Candidates, Perry v. Judd (amicus)

In Virginia, a presidential primary candidate must obtain 10,000 petition signatures in order to appear on the ballot.  Anyone who circulates the petition must be a Virginia resident.  Republican candidate Rick Perry was unable to get the 10,000, and sued to challenge the residency requirement.  He was joined by candidates Jon Huntsman, Newt Gingrich, and Rick Santorum.  On January 10, 2012, we filed an amicus brief in support of the candidates, arguing that the residency requirement infringed on the free speech rights of candidates, petition circulators, voters, and political parties.  A hearing on the candidates’ motion for a preliminary injunction was heard and ruled on January 13, 2012.  The judge opined that the law was likely unconstitutional, but said that Perry had filed too late for the court to fashion a proper remedy.

Court Documents (click link to view .pdf)
Brief of Amicus Curiae- U.S. District Court, Eastern District of Virginia

Attorney(s)

Rebecca Glenberg, ACLU of Virginia

Date filed

January 10, 2012

Court

U.S. District Court, Richmond

Status

Closed

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