Perry v. Judd et al

Filing 73

MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr. on 1/13/12. (wtuc)

FILED

IN OPEN COURT

IN THE UNITED STATES DISTRICT COURT

JAN -| 3 2012

FOR THE EASTERN DISTRICT OF VIRGINIA
CLERK, U.S. DISTRICTCOURT

Richmond Division

RICHMOND, VA

THE HONORABLE RICK PERRY,
Plaintiff,
and

THE HONORABLE NEWT GINGRICH, THE
HONORABLE JON HUNTSMAN, JR., and
THE HONORABLE RICK SANTORUM,
Intervenors,
v-

Civil Action No. 3:11-CV-856-JAG

CHARLES JUDD,

Member of the Virginia State Board of Elections,
in his official capacity, et al.,
Defendants.

MEMORANDUM OPINION

This matter is before the Court on the plaintiff and intervenor-plaintiffs' (collectively, the

"plaintiffs") motion for a preliminary injunction. The plaintiffs are candidates seeking the
Republican nomination for President of the United States. Under Virginia law, they failed to
obtain the required number of petition signatures to place their names on the ballot for the

Republican primary election. Now, they ask the Court for a preliminary injunction ordering that
they be listed on the ballot. The plaintiffs argue that Virginia's rules limiting who can circulate
candidate petitions and requiring 10,000 signatures violate the First and Fourteenth Amendments
to the Constitution.

The equitable doctrine of laches bars the plaintiffs' request for a preliminary injunction.
Theyknew the rules in Virginia many months ago; the limitations on circulators affected them as