Friday, December 30, 2011

"Tea Party Activist" files lawsuit to get Gingrich on the Virginia ballot: Gingrich campaign still contemplating potential legal actions

On Thursday December 29, 2011 Jonathan Moseley, unconnected with any presidential campaign, filed a lawsuit in an attempt to obtain ballot placement for Newt Gingrich in the Virginia primary. 

I have decided against critiquing the details of this lawsuit, but will essentially say there is substantial merit to much of it, but it is ultimately doomed to failure.  The major premise is that Newt Gingrich submitted over 11,000 valid signatures when only 10,000 were required. 

The major problem as I pointed out yesterday is that Gingrich has already acknowledged that at least 1500 signatures were obtained by fraud, not technical noncompliance, and not failure to state a complete, or legible address.  By Gingrich's own admission he did not submit at least 10,000 non-fraudulent signatures.

Setting the merits aside, based on statements in the press release, this is simply an odd manner to pursue litigation.

For example:

"Virginia attorney Jonathon Moseley intends to quickly amend the lawsuit to add additional Republican voters as co-Plaintiffs, encourage the Gingrich campaign to join the lawsuit or file a better one along similar lines, and to refine the legal claims and arguments in the lawsuit to fit this rather unusual situation."

Mr. Moseley encourages a campaign to file a better lawsuit than his, and refine the legal claims - very odd.

"Moseley will be seeking additional Virginia voters to join the lawsuit, legal expertise to help refine the lawsuit and work on the case, and financial contributions."

Join him, provide legal services to refine his legal claims, and give money.


As an aside, the procedural defects are likely enough to avoid a timely ruling in his favor.

1 comment:

  1. I don't see this ending in favour of Ginggrich, either. Va Politicians have had to abide by this requirement for years, and years, and years; even the counties have sig-petition requirements. What makes this guy think Newt(or any other candidate)is so special and entitled to be on the ballot when Va's citizens didn't care enough to go get the signatures, or even sign the petition, to ensure (t)he(y) had a spot it?