Perry v. Judd et al

Filing 24

NOTICE by Rick Perry of witnesses to be called at January 13 hearing (Bagnell, Edward)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
RICHMOND DIVISION
THE HONORABLE RICK PERRY,
Plaintiff,
v.
CHARLES JUDD, KIMBERLY
BOWERS, and DON PALMER, members
of the Virginia State Board of Elections, in
their official capacities, et al.,
Defendants.

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Civil No. 3:11-cv-856

NOTICE OF WITNESSES TO BE CALLED AT JANUARY 13, 2012 HEARING
Plaintiff, The Honorable Rick Perry, by counsel, hereby gives notice, pursuant to the
Court’s order entered on December 29, 2011 [Docket No. 13], that he intends to call the
following individuals as live witnesses at the hearing scheduled for January 13, 2012:
1.

Joe Allbaugh.

Mr. Allbaugh is Senior Advisor for the Perry Campaign,

RickPerry.Org, Inc. Mr. Allbaugh is expected to testify about the Perry Campaign’s efforts to
obtain ballot access in Virginia and other states.
2.

Neal Blair. Mr. Blair is affiliated with Morning in America, which coordinated

the Perry Campaign’s efforts to obtain ballot access in Virginia. As a lawyer, Mr. Blair is
expected to testify about the Perry Campaign’s efforts to comply with the legislative
requirements for obtaining ballot access in both Virginia and other states, as well as the Perry
Campaign’s attempts to comply with the additional requirements imposed by the Virginia State
Board of Elections. Mr. Blair is also prepared to offer testimony that neither the number of
signature requirement nor the restrictions on petition circulators in Virginia’s rules and law are

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designed to meet a legitimate state interest as it relates to whom a political party may allow on
the party’s primary ballot for the office of President of the United States.
3.

Jerry Kilgore. Mr. Kilgore is the former Attorney General of Virginia, former

general counsel to the Republican Party of Virginia, and the Virginia Chairman of the Perry
Campaign. Mr. Kilgore is expected to testify about the legislative history of Va. Code § 24.2545, the Republican Party of Virginia’s efforts to comply with the statute, and the
Commonwealth’s interest in the requirements of the statute. Mr. Kilgore is also prepared to
testify that neither the number of signature requirement nor the restrictions on petition circulators
in Virginia’s rule and regulations are designed to meet a legitimate state interest as it relates to
whom a political party may allow on the party’s primary ballot for the office of President of the
United States.

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Date: January 3, 2012

Respectfully Submitted,
THE HONORABLE RICK PERRY
____
/s/ _________________ ___ _
Hugh M. Fain, III (VSB No. 26494)
Email: [e-mail]
M. F. Connell Mullins, Jr. (VSB No. 47213)
Email: [e-mail]
Edward Everett Bagnell, Jr. (VSB No. 74647)
Email: [e-mail]
SPOTTS FAIN PC
411 East Franklin Street, Suite 600
Richmond, Virginia 23219
Telephone: [phone]
Facsimile: [phone]
BEIRNE, MAYNARD & PARSONS, L.L.P.
Joseph M. Nixon (Admitted pro hac vice)
James E. (“Trey”) Trainor, III (Admitted pro hac vice)
Martin D. Beirne (Admitted pro hac vice)
1300 Post Oak Boulevard, Suite 2500
Houston, TX 77056
Telephone: [phone]
Facsimile: [phone]
ATTORNEYS FOR PLAINTIFF
THE HONORABLE RICK PERRY

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CERTIFICATE OF SERVICE
I hereby certify that on January 3, 2012, I will electronically file the foregoing document
with the Clerk of the Court using the CM/ECF System, which will then send a notification of
such filing (NEF) to all counsel of record:
E. Duncan Getchell, Jr.
Wesley G. Russell
Office of the Attorney General
900 East Main Street
Richmond, Virginia 23219
Telephone [phone]
[e-mail]
[e-mail]
Counsel for Charles Judd, Kimberly Bowers
and Don Palmer, members of the Virginia
State Board of Elections, in their official capacity
Joseph N. Lief
Virginia International Raceway
1245 Pinetree Road
Alton, Virginia 24520
Telephone: [phone]
Counsel for Charles Judd, Kimberly Bowers
and Don Palmer, members of the Virginia
State Board of Elections, in their official capacity

Lee Elton Goodman
[e-mail]
LeClairRyan, A Professional Corporation
1701 Pennsylvania Ave NW
Suite 1045
Washington, DC 20006
Counsel for Pat Mullins,
in his official capacity as
Chairman of the Republican Party of Virginia.

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Charles M. Sims (VSB No. 35845)
LeClairRyan, A Professional Corporation
Riverfront Plaza, East Tower
951 East Byrd Street, Eighth Floor
Richmond, Virginia 23219
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Counsel for Patrick Mullins,
Chairman of the Republican Party of Virginia

__________________/s/_______________
Edward Everett Bagnell, Jr. (VSB No. 74647)
Email: [e-mail]
SPOTTS FAIN PC
411 East Franklin Street, Suite 600
P.O. Box 1555
Richmond, Virginia 23218-1555
Telephone: [phone]
Facsimile: [phone]
Attorneys for The Honorable Rick Perry

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