As has been previously reported, a U.S. District Court in Virginia kept Rick Perry and Newt Gingrich off the Republican presidential primary solely because he felt they had filed their lawsuit too late. They had filed it 70 days before the primary.
In 1992, David Duke filed a lawsuit to get on the Republican presidential primary ballot in Rhode Island. He filed it on January 7, 1992, and a court put him on the ballot, even though the lawsuit had been filed only 61 days before that presidential primary. The primary was held on March 8, 1992.
Also in 1992, Lyndon LaRouche and Eugene McCarthy both filed a lawsuit to get on the Democratic presidential primary ballot in Connecticut. They filed the lawsuit on February 6, 1992, and the 2nd Circuit put them both on the ballot, even though that lawsuit had been filed only 47 days before the primary. That primary was held on March 24, 1992.
Again in 1992, Lyndon LaRouche filed a lawsuit to get on the Democratic presidential primary ballot in Michigan. He filed the case on January 23, 1992, and an Ingham County Circuit Court put him on the ballot, even though the lawsuit had been filed only 54 days before the primary. The Michigan primary was held on March 17, 1992.
In 1980, Richard Kay filed a lawsuit to get on the Democratic primary ballot in Kentucky. He filed his lawsuit on April 14, 1980, and a U.S. District Court put him on the ballot, even though the lawsuit had been filed only 43 days before the primary. That primary was held May 27, 1980.
There may be more examples from additional 1992 lawsuits. That year, the Texas Supreme Court put Lyndon LaRouche on the Democratic presidential primary ballot; a Superior Court in California put LaRouche on the ballot on the Democratic ballot; and the Wisconsin Supreme Court put Eugene McCarthy on the Democratic ballot. Unfortunately I have not been able to learn the filing date for any of those three lawsuits.
The 4th circuit is considering the Perry/Gingrich appeal over laches.
Again – how many gigabytes and/or miles of paper files in the BAN database ???
What happens if Perry quits the race before this issue is resolved?
#2, if Perry quit, that wouldn’t damage the lawsuit. The intervenors Newt Gingrich and Rick Santorum are in the same position as the original plaintiff, Rick Perry.
#1, not enough. As I said, there are 3 presidential primary ballot access victories from 1992 for which I don’t know when those 3 cases were filed, unfortunately.
# 4 Wake up all law school grad students to go digging in the archives of the places having the 3 cases ???
Any BAN record of the FIRST ballot access case involving paper ballots — anywhere on Mother Earth ???
Hmmm. When did England first have paper ballots for electing members of the English House of Commons ???
Great research work.
I have to say I thought laches operated when the Arizona Green Party sued to keep me off the ballot in 2010. Since I’d filed as a write-in candidate on May 28 and filing extended until mid-July and the primary was in September, they waited until just a couple of days before ballots had to be printed up to go to overseas military personnel to file their federal suit.
I suspect laches is more relevant in cases trying to kick people off ballots than in trying to get them on.