Candidates challenge Virginia's signature tradition

Former U.S. Sen. Fred Thompson set Republican hearts aflutter in 2007 when he announced his bid for the presidency. Barely a month later, he was having to ask for applause at a small campaign event in Iowa.

It was a steep descent for Thompson, the "Law & Order" actor initially hailed as the GOP's best hope for landing a real, authentic conservative in the White House.

But as sleepy as Thompson appeared on the campaign trail, as much as some supporters wondered whether he really wanted the job, he still managed to get the requisite signatures to get onto the Republican Party's primary ballot in Virginia.

Four years later, Thompson is on the verge of being outdone. Texas Gov. Rick Perry entered the race with similar expectations, only to repeatedly deflate his supporters' enthusiasm with missteps in style and substance. Last week, he was polling fourth among Republican presidential hopefuls with about 8 percent of the projected vote.

Worse, he's poised to miss making it onto the March 6 Virginia primary ballot. It will require a federal judge's intervention, or state lawmakers to rush to change the law, for voters to have a chance to cast a ballot for him. Neither scenario is likely.

To hear Perry tell it, he's a victim of an "onerous" Virginia law that infringes his freedom of speech and association. And he's not alone. Former U.S. House Speaker Newt Gingrich, whose surge to the top of national polls has begun to wane, also failed to satisfy the requirements to get on the ballot.

He blamed the state's rules, too, and his supporters began preparing a legal challenge. A few days later, he accused a campaign staffer of committing fraud by submitting fake names. Those excuses, however, don't pass muster. The requirement is the same for anyone running for president, or for U.S. Senate, or for governor or lieutenant governor or attorney general. If anyone should've been able to make the ballot in Virginia, it is Gingrich; he lives here.

Under state law, candidates were required to obtain 10,000 valid signatures, including at least 400 from each of Virginia's 11 congressional districts. The Republican Party of Virginia recommended candidates get 15,000 signatures because, officials said, the party hadn't encountered an instance where a third of a candidate's signatures were thrown out.

Only former Massachusetts Gov. Mitt Romney met that threshold. U.S. Rep. Ron Paul submitted slightly fewer than 15,000, and party staffers validated at least 10,000.

"RPV officials encouraged candidates repeatedly, through both counsel and field staff, to submit 15,000 or more signatures in an abundance of caution, so that they would meet the legal requirements," the party said in a statement about the petition certification process.

"Candidates were officially informed of the 15,000 rule in October 2011, well in advance of the Dec. 22 submission deadline. The rule was no surprise to any candidate - and indeed, no candidate or campaign offered any complaints until after the Dec. 23 validation process had concluded."

That final point is especially interesting given that three contenders - U.S. Rep. Michele Bachmann, former Utah Gov. Jon Huntsman and former U.S. Sen. Rick Santorum - didn't even bother to submit signatures to get onto Virginia's primary ballot. They essentially conceded they lacked the necessary organizational strength.

It's not clear when a legal ruling will be handed down for Perry's complaint. The General Assembly won't convene until Jan. 11. When it does, four-fifths of its members would have to pass a bill quickly - and Gov. Bob McDonnell would have to sign it - to add other candidates to the ballot before they're mailed Jan. 21.

It wouldn't guarantee the revival of his campaign, but it would be a remarkable feat for Perry. And one for which he likely wouldn't have to ask his supporters to applaud.

Shawn Day is an editorial writer for The Virginian-Pilot. Email: shawn.day@pilotonline.com.