SPARTANBURG, SC- JANUARY 8: Republican presidential candidate, Texas Gov. Rick Perry speaks during a campaign stop at the Beacon Drive-In January 8, 2012 in Spartanburg, South Carolina. After suffering a fifth place finish in the Iowa caucuses, Gov. Perry has returned to the campaign trail in South Carolina with events for the next several days in hopes of keeping his candidacy alive. (Photo by Rainier Ehrhardt/Getty Images)
Virginia’s ballot battle may not be over just yet. Yesterday, Texas Gov. Rick Perry appealed a federal judge’s decision not to add him and three other candidates to Virginia’s Republican presidential primary ballot.
Perry’s attorneys asked the 4th U.S. Circuit Court of Appeals to order his name be placed on the ballot, or at least halt the printing and mailing of ballots before his appeal is considered.
Perry filed a lawsuit last month after he failed to submit the proper signatures to get his name on the Virginia ballot. By law, candidates must get signatures from 10,000 registered voters, including 400 from each of the state’s 11 congressional districts. Only Virginia residents can circulate petitions.
Perry calls that part of the law unconstitutional, arguing that it violates his free-speech and fee-association rights.
Perry wasn’t the only GOP White House hopeful ruled ineligible to appear on the ballot. Former House Speaker Newt Gingrich, former Congressman Rick Santorum, and former Utah Governor Jon Huntsman were also left off; they joined Perry’s lawsuit.
A U.S. District judge ruled against the candidates last Friday. He argued that they should have challenged the law when they first launched their campaigns, not after the law impacted their campaigns.