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Court Order 011711

Court Order 011711

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Published by trichardson3428
Court order denying a motion for injunctive relief
Court order denying a motion for injunctive relief

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Published by: trichardson3428 on Jan 17, 2012
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01/17/2012

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Filed: 1/17/12UNITED STATES COURT OF APPEALSFOR THE FOURTH CIRCUIT
 No. 12-1067
 The Honorable Rick Perry,Plaintiff-Appellant-MovantThe Honorable Newt Gingrich, The Honorable JonHuntsman, Jr., and the Honorable Rick Santorum,Intervenor-Plaintiffs,v.Charles Judd, Kimberly Bowers, and Don Palmer,members of the Virginia Board of Elections, intheir official capacities,Defendants-Appellees-Respondents.
ORDER
WILKINSON, AGEE, and DIAZ, Circuit Judges:The Honorable Rick Perry (hereinafter Movant) has requestedthis court in an emergency motion to issue an injunctionordering Movant’s name “to appear alongside others on the ballotfor the Republican primary for the Commonwealth of Virginia, orin the alternative, that this Court issue an injunction orderingthe Respondents not to order, print, or mail ballots prior to
Appeal: 12-1067 Document: 15 Date Filed: 01/17/2012 Page: 1 of 22
 
2the Court’s final consideration of this appeal.”
1
On January 13,2012, the district court denied the Movant’s emergency motionfor a temporary restraining order and preliminary injunction.This court is required to act with the utmost expedition inruling upon the emergency motion for injunctive relief becauseunder the Uniformed and Overseas Citizens Absentee Voting Act,respondents must mail requested absentee ballots to military andoverseas voters by Saturday, January 21, 2012. See 42 U.S.C.§ 1973ff-1(a)(8)(A). For the reasons expressed herein, thecourt denies the motion for the requested injunctive relief.Movant had every opportunity to challenge the variousVirginia ballot requirements at a time when the challenge wouldnot have created the disruption that this last-minute lawsuithas. Movant’s request contravenes repeated Supreme Courtadmonitions that federal judicial bodies not upend the orderlyprogression of state electoral processes at the eleventh hour.Movant knew long before now the requirements of Virginia’selection laws. There was no failure of notice. Therequirements have been on the books for years. If we were togrant the requested relief, we would encourage candidates for
1
The Honorable Newt Gingrich, intervenor in the proceedingsbelow, has filed a notice of appeal. He has notified the courtthat he supports Movant’s emergency motion, and our rulingnecessarily applies to him as well. No papers have been filedby the Honorable John Huntsman or the Honorable Rick Santorumregarding Movant’s emergency motion.
Appeal: 12-1067 Document: 15 Date Filed: 01/17/2012 Page: 2 of 22
 
3President who knew the requirements and failed to satisfy themto seek at a tardy and belated hour to change the rules of thegame. This would not be fair to the states or to othercandidates who did comply with the prescribed processes in atimely manner and it would throw the presidential nominatingprocess into added turmoil.I.A.Like many states, Virginia has a comprehensive regulatoryscheme governing its various elections, including presidentialprimary contests. Under the Commonwealth’s election laws, acandidate seeking to participate in a Virginia presidentialprimary is required to file with the Virginia State Board ofElections (the Board) “petitions signed by at least 10,000qualified voters, including at least 400 qualified voters fromeach congressional district in the Commonwealth, who attest thatthey intend to participate in the primary of the same politicalparty as the candidate . . . by the primary filing deadline.”Va. Code Ann. § 24.2–545(B).In addition to requiring 10,000 signatures from qualifiedvoters, Virginia law places restrictions on who can circulatepetitions. According to section 24.2-521 of the Virginia Code,a “candidate for nomination by primary for any office shall be
Appeal: 12-1067 Document: 15 Date Filed: 01/17/2012 Page: 3 of 22

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