Is the Fix In? Virginia GOP Eliminates 4 of Top 6 Republican Candidates From Republican Primary
Posted by Jim Hoft on Monday, December 26, 2011, 8:04 AM
Following Governor Chris Christie’s announcement in early October that he would not be running for president, top GOP official and bundler, Georgette Mosbacher told reporters, “We do not consider Perry a factor… We know who will be our nominee.”
Georgette was talking about Mitt “McRomneycare” Romney, of course.
Georgette Mosbacher. HarvardCPL, via flickr ( Capital NY)
Maybe Georgette wasn’t kidding. The Virginia GOP effectively eliminated 4 of the top 6 candidates, including Newt Gingrich and Rick Perry, from qualifying for the Republican primary in March this past weekend. Only Mitt Romney and Ron Paul will be on the Virginia GOP primary ballot.
Charles C. Johnson at Big Government today discussed how difficult it was for candidates to qualify for the primary in Virginia.
Candidates are required not only to collect over 10,000 signatures to get on the ballot but have to have at least 400 from each of the state’s eleven congressional districts. Both Perry and Gingrich cleared the first hurdle by at least a thousand signatures, but it appears they may have stumbled on clearing the second. We don’t know this for certain — the Va. GOP hasn’t explained why Gingrich and Perry failed to qualify– but this seems likely.
Gathering enough signatures from enough of the different districts proved too tricky. In at least one district that’s a tall order. Virginia’s 3rd and 8th congressional district, for example, are among the most Democratic in the country, with a PVI score of D+20 and D+16, respectively. Woody Allen may be right when he said 90% of success is just showing up, but it is hard to show up when there is effectively no Republican party in some congressional districts.
Worse yet, Virginia’s House of Delegates complicated matters further when voters may not know which congressional district they live in thanks to an ongoing state-wide fight over redistricting. Virginia Republicans submitted a map in April 2011, but Virginia Democrats seemed insistent on pushing the matter to January 2012 and then to federal court if they don’t enough black–and therefore Democratic–congressional districts. They would sue the state under the Voting Rights Act of 1965 and toss the matter of redistricting over to the federal courts.
It’s the prerogative of any state party to set up the rules that govern its primary but it sure seems short-sighted to disqualify two candidates that fulfilled the 10,000 signatures requirement, especially given how much Virginia GOP could benefit from a renewed focus and all that earned media attention on the Old Dominion.
If the Republican Party wanted to rig the system for Mitt Romney then you might expect to see something like this pop up.
But the Republican Party elites would never do anything like that… Right?
thegatewaypundit.com
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- Multitude commented:
I’m not certain if those claiming “all the other kids who didn’t turn in their homework were lazy and you wouldn’t want them” are trolls or just naive. My first cousin in Richmond knows of their local RNC issues and said the apparatus is so structured in the state as to only work for and recognize the party elite’s designate that it’s nearly impossible for Virginia to be anything but an insider election.
Think of the former USSR and how you could have anybody run, but the system was guaranteed to ensure the people were not confused with anything other than that which the elites had already deemed safe, resulting in (of course) a single candidate each time.
If one or two didn’t make the numbers, that’d be one thing. Perry got in later, but many others did not. Dig deep enough into the RNC rules and you’ll find they created this structure to effectuate this very outcome. To blame the candidates just indicates you’re a naive rube, particularly when the structure repeatedly allows for either the party elite’s designate, or a nationally funded and persistent, recurring election threat like Ron Paul (an apparent Ralph Nader of the right).
#12 December 26, 2011 at 8:37 am Davidb commented:
Both Gingrich and Perry collected enough signatures. Over 2000 names were thrown out by the VA GOP. For the first time ever if the address provided did not match the name it was tossed. Paul and Romney’s signatures were not scrutinized in the same manner.
--------------------------- Did the VA GOP change the rules on primary ballot access in November 2011?
[Apparently, yes.]
Posted by Moe Lane ( Diary)
Monday, December 26th at 11:00AM EST
74 Comments
Richard Winger over at Ballot Access News has an EXTREMELY interesting post (link via here) on the mess that the Virginia Republican party has found itself in over… access to the ballot in Virginia. For those coming in late, background here and here: the very short version is that the VA GOP only certified Mitt Romney and Ron Paul for its primary ballot. Rick Perry and Newt Gingrich both had too many signatures tossed; Jon Huntsman, Rick Santorum, and Michele Bachmann didn’t even try. Of the seven candidates, one (Romney) had more than enough signatures (15K) to bypass the verification process entirely. All of this has caused a lot of agitation among Republicans following the primary process, of course; and not just from people who disapprove of what the VA GOP has done. There has been a good deal of defending of the outcome; and one argument heavily used in this defense has been that the campaigns all knew the rules and that previous Republican campaigns were able to get on the ballot, so clearly a competent current Republican campaign should have done so.
One small problem with that: as Winger argues, the rules were allegedly drastically changed. In November of this year.
Winger’s article is too long to reproduce here, so I’ll summarize it: prior to the 2012 elections it was Republican party policy in Virginia to simply deem any candidate that brought in ten thousand raw signatures as having met the primary ballot requirements under Virginian state election law. So, for example, Alan Keyes (a popular negative example for people making the ‘any competent campaign’ argument) apparently did not actually have his petitions checked in 2000 and 2008; absent going back and looking at the paperwork (assuming that it even still exists), there’s no way to tell whether he would have survived the scrutiny of 2012. And that’s true of every other candidate who has appeared on the primary ballot in Virginia. None of them qualify for an apples-to-apples comparison – and this remains true no matter how many signatures were collected. If you know that your signatures will not be checked if you get above 10K, you are simply operating in a fundamentally different environment than one where you know that your signatures will be checked.
So what happened? Osborne v. Boyles. On October 24th independent state delegate candidate Michael Osborne filed suit against the Republican party of Virginia (specifically, Fifth District GOP Chairman Brandon Boyles) because of this policy: as the article notes, “the law simply requires that party-affiliated candidates present their petitions to the local party chairman – in this case Boyles – who is responsible for reviewing the petition signatures on their own. It does not dictate how thorough this review must be or give state officials any power to challenge it.” The case is still pending – interestingly, the election that this lawsuit was ostensibly addressing has come and gone – but according to Winger the VA GOP decided in response to bump up from 10K to 15K the threshold for simply deeming the requirements as being met. The complications of it being the day after Christmas makes final confirmation of all of this difficult, but Osborne v. Boyles is an actual case and Richard Winger is one of the go-to guys on the arcane subject of ballot access: what I can check out about this story I have checked out.
As for the implications… well, I think that John Fund’s general comment is correct: this is going to go to the courts. John was not discussing this specific wrinkle, but his larger point that Virginia’s ballot access policies have systemic problems gets a big boost when it turns out that the state party can effectively increase by fifty percent the practical threshold for ballot access – in a day, and in the middle of an existing campaign. The VA GOP still retains ultimate control over who gets on the ballot, of course. But then, they always have – and under the current system they could in fact brazen it out and certify Gingrich and Perry anyway. Of course, that would probably mean another lawsuit anyway; but then, there really isn’t a path out of here that doesn’t involve lawsuits.
But that’s a matter for the courts and the party leadership. On the activist level; as noted above, there has been a certain argument used to defend the VA GOP. It’s an argument that accuses two Presidential campaigns of being ignorant of conditions on the ground… and it turns out that the people using that argument may themselves be guilty of being ignorant of conditions on the ground. If it is true that the Republican party of Virginia decided in November of 2011 to increase the threshold for automatic certification from 10K to 15K, then it is reasonable to suggest that this was a change that unfairly rewarded candidates who had previously run for President in Virginia. Even if you dispute that, if this story checks out then it is still completely unreasonable to compare the Gingrich/Perry campaigns to any historical Presidential campaign in Virginia: if this was 2008 or 2000, they’d both be on the ballot themselves and the subject wouldn’t have even come up. And anyone who still tries to use that argument needs to understand that doing so simply makes them look foolish, instead of the Presidential campaigns that they’re pretty much trying to assault. Put another way… I know that this statement will grate on some people, but here goes: there are some defenders of the VA GOP decision out there who need to start apologizing for their, ah, over-enthusiasm. Whether or not they think that it’s fair, or whether anybody’s apologizing to them, or really anything else.
Because… karma. It’s what’s for dinner.
Moe Lane
PS: Let me take this time to repeat my earlier recommendation to the Romney campaign that they request that the VA GOP check their signatures, too. The deadline for certification is tomorrow; and even as it stands now it is unlikely that the VA GOP will certify anyone besides Romney or Paul. If the Romney campaign wants to have any distance from the VA GOP at all on this issue, it is running out of time to ensure that.
PPS: Some of my colleagues feel that the real, underlying problem here is that the Commonwealth of Virginia should have changed its election laws to reflect the (valid, in my opinion) issues brought up in the original Osborne v. Boyles lawsuit. I actually agree with that; there is something definitely odd about having rigorous restrictions on a party candidate’s access to the ballot that are enforced by the parties themselves. But the laws weren’t changed; the internal rules were, and on short notice. And I expect that there’s going to be additional, equally valid lawsuits over that.
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