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LOOKS like IT WILL BE Romney and PAUL in Virginia! While I am PERSONALLY DISAPPOINTED – it is a GREAT TEST!

Judge Gibney has ruled:  While the requirement for a registered voter in VA as a petition circulator may be unconstitutional, the other candidacies were not hurt by that rule as they did not get the 10,000 signatures anyway even by non-registered voters.  Furthermore, they cannot now get the 10,000 signatures.  The Court did not strike down the 10,000 signature requirement.  So the law stands and absent a successful appeal to the Fourth Circuit, the VA primary is Paul and Romney.  Judge Gibney did hold the law is unconstitutional BUT that in effect these candidates waited too long to  challenge it, TV 6 reports.

I first urge all those whose candidates did not make the ballot to vote for Paul, either as a protest or to stop Romney.

I secondly think that this is a great test.  What will turnout be?  The Paul votes will turnout no matter what (Perhaps a freak blizzard on March 6 in VA?) and some Romney and the Paul haters will turn out too.  But what will tbe other Republicans do?  And the BIG question:  What will happen to the loyalty oath?  Many are calling for the VA GOP to drop it:

Gov. Bob McDonnell and Lt. Gov. Bill Bolling joined in a call to scrap the oath. The ACLU of Virginia called it constitutionally flawed and indicated the group was prepared to sue on behalf of affected voters if the requirement remains in place.

I think it could violate the Voting Rights Act, although an attorney I respect very much says no:

So what about the question that my friend actually asked?  What does the Voting Rights Act say about this?  As noted earlier, the answer there is “Nothing.”

But Snook and Haughey raise a novel new wrinkle:  The loyalty oath was not passed timely by the state GOP:

But now we come to the second rub — if the Republican Party wants the State Board of Elections to require a loyalty oath, it is supposed to get approval of that 90 days ahead of the primary. And the requirement was imposed 70 days before the primary, not 90.  So the requirement could be challenged in Court, and the challenge would almost certainly be successful.

But the state GOP will reconsider January 21, according to the Virginian-Pilot:

Virginia Republicans will reconsider whether to make voters pledge loyalty to the eventual GOP nominee before participating in the March 6 presidential primary, a decision that has rankled many in the party.

Stay tuned!  The primary may not be the best, but we’re in it and Ron Paul is first on the ballot!

 

About Elwood Sanders

Elwood “Sandy” Sanders is a Hanover attorney who is an Appellate Procedure Consultant for Lantagne Legal Printing and has written ten scholarly legal articles. Sandy was also Virginia’s first Appellate Defender and also helped bring curling in VA! (None of these titles imply any endorsement of Sanders’ views)

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Tom White Says:

Nothing is more conservative than a republican wanting to get their majority back. And nothing is more liberal than a republican WITH a majority.

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