Texas Gov. Rick Perry on Sunday appealed a federal judge’s refusal to add him and three other candidates to Virginia’s Republican presidential primary ballot. In a filing with the 4th U.S. Circuit Court of Appeals, Perry’s attorneys requested that the court order his name be placed on the ballot, or order that ballots not be printed or mailed before his appeal is considered. Perry sued last month after failing to submit enough signatures to get on the Mach 6 ballot. Former House Speaker Newt Gingrich, former Pennsylvania Sen. Rick Santorum and former Utah Gov. Jon Huntsman joined Perry’s lawsuit after also failing to qualify.
Only former Massachusetts Gov. Mitt Romney and Texas Rep. Ron Paul qualified for the primary ballot. Virginia requires candidates to obtain the signatures of 10,000 registered voters, including 400 from each of the state’s 11 congressional districts, to get on the ballot. State law also allows only Virginia residents to circulate petitions.
On Friday, U.S. District Judge John A. Gibney said that if the candidates thought the law was unconstitutional, they should have challenged it when they first began their campaigns in the state rather than waiting until after they failed to make it.