Perry v. Judd et al

Filing 7

Emergency MOTION for Temporary Restraining Order and Preliminary Injunction by Rick Perry. (Mullins, Maurice)

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, and PAT
MULLINS, in his official capacity as
Chairman of the Republican Party of
Virginia,
Defendants.

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Civil No. 3:11-cv-856

Emergency Motion for Temporary Restraining Order
and Preliminary Injunction
Pursuant to Rule 65 of the Federal Rules of Civil Procedure, Plaintiff, The Honorable
Rick Perry, by counsel, respectfully moves for a temporary restraining order and
preliminary injunction to:
1. Enjoin Defendants from enforcing the state-residency requirement for petition

circulators found in the State Board of Elections “Petition of Qualified Voters for Presidential
Primary,” as authorized by Virginia Code § 24.2-545;
2. Order the Virginia State Board of Elections not to conduct their drawing for placement

of candidate names on the March 6, 2012 primary ballots, nor print and distribute without
Plaintiff’s name on them; and
3. Order the Virginia State Board of Elections to print ballots for the Republican primary

including Plaintiff’s name for the office of President of the United States.
This motion is made on the grounds specified in this motion, Plaintiff’s memorandum in

support hereof, and the Complaint, and such other and further evidence as may be presented to
the Court at the time of the hearing.
Respectfully Submitted,
THE HONORABLE RICK PERRY
____
/s/ _________________ ___ _
M. F. Connell Mullins, Jr. (VSB No. 47213)
Email: [e-mail]
Hugh M. Fain, III (VSB No. 26494)
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]
Joseph M. Nixon (Pro hac vice application pending)
Email: [e-mail]
James E. (“Trey”) Trainor, III (Pro hac vice to be filed)
Martin D. Beirne (Pro hac vice application pending)
BEIRNE, MAYNARD & PARSONS, L.L.P.
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 December 28, 2011, 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.
I have also arranged for hand service of the foregoing document on the following
Defendants, who have yet to make an appearance in this case:
CHARLES JUDD, KIMBERLY BOWERS, and DON PALMER,
members of the Virginia State Board of Elections, in their official capacities,
and
PAT MULLINS,
in his official capacity as Chairman of the Republican Party of Virginia.

__________________/s/_______________
M. F. Connell Mullins, Jr. (VSB # 47213)
Email: [e-mail]
Attorney for The Honorable Rick Perry
SPOTTS FAIN PC
411 East Franklin Street, Suite 600
P.O. Box 1555
Richmond, Virginia 23218-1555
Telephone: [phone]
Facsimile: [phone]

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